Oregon Chapter 391
Chapter 391 — Mass TransportationDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 391 —
Mass Transportation
2007 EDITION
MASS TRANSPORTATION
HIGHWAYS, ROADS, BRIDGES AND FERRIES
LIGHT RAIL TRANSIT
391.090 Legislative
findings; use of lottery moneys for light rail project; policy and intent
391.100 Light
Rail Construction Fund; purpose; requirements for expenditures from fund
391.110 Legislative
findings
391.120 Regional
Light Rail Extension Construction Fund; purpose; requirements for expenditures
from fund; reversion of unobligated balance
391.125 Regional
Light Rail Extension Bond Account; purpose
391.130 Allocation
of lottery moneys to Regional Light Rail Extension Construction Fund;
authorized expenditures; end of allocations upon certification by Director of
Transportation
391.140 Revenue
bonds for specified light rail project; amount; purpose; issuance by State
Treasurer; pledge of revenues
391.150 Joint
management of specified light rail project; contracting procedures
391.301 Ratification
of compact
391.306
391.311 Effect
of compact on powers and privileges of mass transit districts in
SOUTHEAST METROPOLITAN EXTENSION PROJECT
(Temporary provisions relating to Southeast Metropolitan Extension
Project are compiled as notes following ORS 391.311)
MASS TRANSPORTATION FINANCING AUTHORITY
391.500 Declaration
of policy; construction of statutes
391.510 Definitions
for ORS 391.500 to 391.660
391.520 Financing
authority created; membership
391.530 Meetings;
quorum; expenses
391.540 Bylaws;
secretary’s duties, power
391.550 Powers
of Mass Transportation Financing Authority
391.560 Lease
terms for facility financed by bonds
391.570 Bonds;
form; conditions; issuance; refunding
391.580 Pledges
for bonds
391.590 Bonds
not general obligation of state
391.600 Tax
exempt status of income, property and bond interest
391.605 Limitations
on transfer to metropolitan service district
391.610 Expenses
of authority; borrowed funds
391.620 Limitation
on transfer of property rights
391.630 Investments
of surplus moneys
391.640 Investment
in authority’s bonds authorized
391.650 Severability
of ORS 391.500 to 391.660
391.660 Short
title
ELDERLY AND DISABLED SPECIAL TRANSPORTATION
FUND
391.800 Elderly
and Disabled Special Transportation Fund
391.802 Definition
for ORS 391.800 to 391.830
391.810 Distribution
of funds to districts, Indian tribes and counties; rules
391.815 Discretionary
grant account; purpose; application for grant; grant approval; distribution of moneys
391.820 Advisory
committees; membership; duties
391.830 Use
of funds to finance and improve transportation for elderly individuals and
individuals with disabilities
(Temporary provisions relating to Oregon Streetcar Project Fund are
compiled as notes following ORS 391.830)
LIGHT RAIL TRANSIT
391.090
Legislative findings; use of lottery moneys for light rail project; policy and
intent. The Legislative
Assembly finds that:
(1) The development, acquisition and construction
of light rail systems and their attendant rights of way, equipment and
facilities in the urban and metropolitan areas of the State of
(a) Providing an important element of the
public infrastructure that provides the basic framework for continuing and
expanding economic activity in this state;
(b) Increasing the economy and efficiency
of public transportation, improving the attractiveness of urban and
metropolitan areas to new businesses and supporting the operations and
prosperity of existing businesses in those areas by making those businesses
more accessible to their customers and employees;
(c) Alleviating the inefficiencies of
congestion and crowding associated with, and reducing the burdens of expansion
and maintenance of, existing public transportation systems and facilities, as
well as reducing energy consumption and air pollution fostered by the use of
motor vehicles; and
(d) Creating employment opportunities in
urban and metropolitan areas through the funding of projects for the
development and construction of the light rail systems.
(2) Additionally, the provision of state
and local moneys for the proposed Westside corridor light rail project
identified in ORS 391.120 (2)(a) will encourage the contribution of otherwise
unavailable federal matching grant moneys, the use of which will, for the
reasons stated in subsection (1) of this section, forward the purpose of
creating jobs and furthering economic development in Oregon.
(3) Based on the legislative findings
described in this section, the use of net proceeds from the operation of the
state lottery for the support of the Westside corridor light rail project, as
provided in ORS 391.130, is an appropriate use of state lottery funds under
section 4 (3), Article XV of the Oregon Constitution and ORS 461.510.
(4) It is the intent and policy of the
Legislative Assembly to insure the funding and support of the Westside corridor
light rail project identified in ORS 391.120 (2)(a) in the manner provided in
ORS 391.130 to 391.150, to the extent required for the state to realize the
benefit of all federal matching funds made available for that project, and to
the extent necessary to complete the project. [1991 c.575 §1]
391.100
Light Rail Construction Fund; purpose; requirements for expenditures from fund. (1) There is created as a fund the Light
Rail Construction Fund separate and distinct from the General Fund. The moneys
in the fund and the interest earnings of the fund are appropriated continuously
to the Department of Transportation for the purpose of financing that part of
the Banfield Transitway Project that includes construction of a light rail
system from the City of Portland to the City of Gresham to be routed along the
corridor in which the Banfield Freeway, Interstate Highway 205 and East
Burnside Street are located.
(2) No moneys shall be expended for
construction from the fund created by subsection (1) of this section unless the
Director of Transportation determines that the following conditions have
occurred no later than the last day of June 1983:
(a) The United States Department of
Transportation, subject to the appropriations process and to the satisfaction
of the Joint Committee on Ways and Means or the Emergency Board, if the
Legislative Assembly is not in session, has committed sufficient moneys to
complete the Banfield Transitway Project; and
(b) The Tri-County Metropolitan
Transportation District has entered into a binding, enforceable agreement with
the State of
(A) During the construction of the
Banfield Transitway Project, the district agrees not to request or accept any
state General Fund moneys for the light rail construction portion of that
project other than those moneys appropriated to the fund created in this
section by the Sixtieth Legislative Assembly;
(B) The district agrees to provide not
less than $2,930,000 of the total funding for the light rail construction part of
the Banfield Transitway Project; and
(C) In any instance where the actual
expenditures for the light rail portion of the Banfield Transitway Project fall
short of the estimated expenditures for the project, those moneys, other than
federal moneys, that are not required for the project shall remain in the fund
established by this section.
(3) The Director of Transportation shall
certify the unobligated balance of the fund created by this section and that
unobligated balance shall revert to the General Fund in accordance with the
following:
(a) If at any time the Director of
Transportation determines that the conditions required under subsection (2) of
this section will not occur within the required time under that subsection, the
director shall certify the unobligated balance of the fund and the unobligated
balance shall revert.
(b) If the Director of Transportation
determines that the conditions required under subsection (2) of this section
have occurred and moneys from the fund are expended on the Banfield Transitway
Project, the director shall certify the unobligated balance after the project
is accepted by the Director of Transportation and all claims, suits and actions
arising out of the project have been resolved. [1979 c.586 §1; 1981 c.262 §1]
391.110
Legislative findings. (1)
The Legislative Assembly finds that economic growth and livability depend on a
solid transportation infrastructure to aid in the production and distribution
of goods and services and the efficient movement of people.
(2) The Legislative Assembly also finds
that an efficient surface transportation system in our metropolitan areas must
balance highways and arterial roads with mass transit and light rail
facilities. Mass transit and light rail improvements can lessen the cost of
highway expansion, reconstruction and maintenance by significantly decreasing
traffic flow.
(3) Therefore, the Legislative Assembly
shall establish the Regional Light Rail Extension Construction Fund as a means
of facilitating the development of a balanced surface transportation system
that includes the appropriate application of highways, light rail and mass
transit. [1989 c.868 §2]
391.120
Regional Light Rail Extension Construction Fund; purpose; requirements for
expenditures from fund; reversion of unobligated balance. (1) The Regional Light Rail Extension
Construction Fund, separate and distinct from the General Fund, is established
in the State Treasury. All moneys in the fund are appropriated continuously to
the Department of Transportation for the purposes specified in this section.
Interest received on moneys credited to the Regional Light Rail Extension
Construction Fund shall accrue to and become part of the Regional Light Rail
Extension Construction Fund.
(2) The Department of Transportation may
expend moneys in the Regional Light Rail Extension Construction Fund to finance
the preliminary engineering phase, final design phase, advanced right of way
acquisition phase or construction and acquisition of equipment and facilities
phase of projects for extensions to the Tri-County Metropolitan Transportation
District’s light rail system, as designated in the Regional Transportation Plan
adopted by the metropolitan service district in 1989, as amended from time to
time. The Director of Transportation may enter into written agreements with the
Tri-County Metropolitan Transportation District that commit the department to
pay anticipated funds from the Regional Light Rail Extension Construction Fund
to the district for the purpose of financing such costs of extending the
district’s light rail system, including servicing any obligations entered into
by the district to finance the costs of extending the district’s light rail
system, which written agreements may provide for the remittance of such funds
on such periodic basis, in such amounts, over such period of years and with
such priority over other commitments of such funds as the director shall
specify in the commitment. Any such written agreements or commitments, when
executed by the director and accepted by the district, shall be solely
conditioned upon actual funds available in the Regional Light Rail Extension
Construction Fund and shall be valid, binding and irrevocable in accordance
with its terms, subject only to the requirements of subsection (3) of this
section. The extensions to the light rail system for which projects may be
authorized and financed from the Regional Light Rail Extension Construction
Fund include:
(a) The Westside corridor.
(b) The Interstate 5 North corridor.
(c) The Interstate 205 corridor.
(d) The
(e) The Barbur corridor.
(f) The
(g) Appropriate branches to the Banfield
corridor.
(h) Appropriate branches to the corridors
specified in paragraphs (a) to (f) of this subsection.
(3) Notwithstanding any written agreement
entered into by the Director of Transportation under subsection (2) of this
section, no moneys shall be expended from the Regional Light Rail Extension
Construction Fund for the preliminary engineering phase, final design phase,
advanced right of way acquisition phase or construction and acquisition phase
of projects unless the Director of Transportation determines:
(a) That all state and local approvals are
in place for the phase of the specific project for which funding is being
sought;
(b) That assurances are in place for
obtaining all moneys, other than moneys for which the determination is being
made, necessary to enable completion of the phase of the specific project for
which funding is being sought and that the Tri-County Metropolitan
Transportation District has agreed to provide an amount of money equal to that
being provided by the Regional Light Rail Extension Construction Fund for the
phase of the specific project for which money is being sought;
(c) With respect to the phase of the
specific project for which funding is being sought, that the body of local
officials and state agency representatives designated by the metropolitan
service district which functions wholly or partially within the Tri-County Metropolitan
Transportation District and known as the Joint Policy Advisory Committee on
Transportation has certified that the phase of the specific project is a
regional priority; and
(d) With respect to construction phases of
any project, the elements of the project that are designated for state
participation and an estimated total amount of the state’s funding obligation.
(4) When the actual expenditures for a
phase of a specific light rail project fall short of the estimated expenditures
for the project, those moneys, other than federal moneys, that are not required
for that phase of the project shall remain in the Regional Light Rail Extension
Construction Fund for use in completing other projects described in subsection
(2) of this section.
(5) On or before August 31 in each year,
the Director of Transportation shall certify to the Governor and the State
Treasurer whether or not there existed, as of the end of the immediately
preceding fiscal year, an unobligated balance of moneys in the Regional Light Rail
Extension Construction Fund that was derived from the moneys required to be
transferred to the Regional Light Rail Extension Construction Fund under ORS
391.130. If the Director of Transportation certifies that there existed such an
unobligated balance of moneys derived from the moneys required to be
transferred to the Regional Light Rail Extension Construction Fund under ORS
391.130, an amount equal to the unobligated balance as of the end of the
immediately preceding fiscal year shall revert to the Administrative Services
Economic Development Fund created by ORS 461.540, and the State Treasurer shall
credit such amount to that fund on or before the September 15 next following
the date of the certification by the Director of Transportation.
(6) The Director of Transportation shall
certify the unobligated balance of the Regional Light Rail Extension
Construction Fund, and that unobligated balance shall revert to the
Administrative Services Economic Development Fund created by ORS 461.540 if the
Director of Transportation determines that all projects referred to in
subsection (2) of this section have been completed and the projects have been
accepted by the Director of Transportation and all claims, suits and actions
arising out of the projects have been resolved.
(7) For purposes of subsections (5) and
(6) of this section, moneys in the Regional Light Rail Extension Construction
Fund derived from the moneys required to be transferred to the Regional Light
Rail Extension Construction Fund under ORS 391.130 shall be obligated to the
extent such moneys are needed to fund the amounts committed to be paid in the
current or any future fiscal year under any written agreement or commitment
entered into by the Director of Transportation under subsection (2) of this
section or to pay any amounts owing under or with respect to any revenue bonds
issued under ORS 391.140.
(8) The Department of Transportation may
deduct from the Regional Light Rail Extension Construction Fund the costs
associated with administering the fund. [1989 c.868 §3; 1991 c.575 §6]
391.125
Regional Light Rail Extension Bond Account; purpose. (1) The Regional Light Rail Extension Bond
Account is created as a separate and distinct subaccount in the Regional Light
Rail Extension Construction Fund. In each fiscal year in which any amounts of
principal or interest are due and payable on any revenue bonds issued under ORS
391.140, the Director of Transportation shall cause to be transferred from the
Regional Light Rail Extension Construction Fund to the Regional Light Rail
Extension Bond Account an amount, which, when added to the moneys on deposit in
the account that are available to be used for such purpose, shall be sufficient
to pay when due all amounts of principal and interest coming due on such bonds
in that fiscal year.
(2) All moneys on deposit from time to
time in the Regional Light Rail Extension Bond Account, together with all
investment earnings thereon, shall be pledged and are continuously appropriated
to the payment of the bonds issued under ORS 391.140. All investment earnings
on moneys on deposit from time to time in the Regional Light Rail Extension
Bond Account shall be retained in that account and applied to pay the principal
of and interest on bonds issued under ORS 391.140. [1991 c.575 §3]
391.130
Allocation of lottery moneys to Regional Light Rail Extension Construction
Fund; authorized expenditures; end of allocations upon certification by Director
of Transportation. (1) In
each fiscal year beginning with the fiscal year commencing July 1, 1991, there
is allocated, from the Administrative Services Economic Development Fund
created by ORS 461.540, the amount of $8 million. However, commencing with the
first fiscal year next following the fiscal year in which bonds are first issued
under ORS 391.140, there shall be allocated from such fund the amount of $10
million in each fiscal year. In each fiscal year after bonds are first issued,
the Director of Transportation shall certify any funds allotted in excess of
amounts necessary to pay the annual debt service on the outstanding bonds and
to fund the amounts committed to be paid in the current or any future fiscal
year under any written agreement or commitment entered into by the Director of
Transportation pursuant to ORS 391.120 (2). The certified amount shall
immediately be returned to the Administrative Services Economic Development
Fund. All amounts allocated under this section shall be transferred to the
Regional Light Rail Extension Construction Fund established by ORS 391.120.
(2) The annual amounts required to be
transferred to the Regional Light Rail Extension Construction Fund under
subsection (1) of this section, together with all investment earnings on the
amounts on deposit from time to time in the Regional Light Rail Extension
Construction Fund, are continuously appropriated only for the purposes of:
(a) Funding the Westside corridor
extension of light rail referred to in ORS 391.120; and
(b) Paying the principal and interest on
revenue bonds issued under ORS 391.140.
(3) Except as provided in subsection (4)
of this section, and notwithstanding any other provision of law, the annual
allocation made by this section shall be satisfied and credited as and when net
proceeds from the operation of the state lottery are received and before any
other allocation, appropriation or disbursement of the net proceeds from the
operation of the state lottery is made in the applicable fiscal year.
(4) For purposes of this section, net
proceeds from the operation of the state lottery in each fiscal year include
all revenues derived from the operation of the state lottery in each fiscal
year less:
(a) The revenues used in that fiscal year
for the payment of prizes and the expenses of the state lottery as provided in
section 4 (4)(d), Article XV of the Oregon Constitution, ORS 461.500 (2) and
461.510 (3) and (4); and
(b) The revenues required to be applied,
distributed or allocated as provided in ORS 461.543.
(5) The transfer of moneys to the Regional
Light Rail Extension Construction Fund authorized by this section shall cease
when the Director of Transportation certifies in writing that transfers of
moneys under this section are no longer necessary because:
(a) Moneys in the Regional Light Rail
Extension Construction Fund are sufficient for the payment of all amounts
committed to be paid under all written agreements or commitments entered into
between the Director of Transportation and the Tri-County Metropolitan
Transportation District pursuant to ORS 391.120 with respect to the Westside
corridor extension of light rail referred to in ORS 391.120 (2)(a), and to pay
all amounts of principal of and interest on the outstanding revenue bonds
issued under ORS 391.140; and
(b) The Westside corridor extension of
light rail referred to in ORS 391.120 (2)(a) has been completed and such
project has been accepted by the Department of Transportation, and all claims,
suits and actions arising out of such project that could create a liability
payable out of the moneys in the Regional Light Rail Extension Construction
Fund have been resolved.
(6) The Director of Transportation shall
deliver a copy of such certification to the Governor and the State Treasurer.
Upon receipt of the director’s written certification that transfer of moneys to
the Regional Light Rail Extension Construction Fund under this section is no
longer necessary, the State Treasurer shall thereafter credit moneys received
by the Regional Light Rail Extension Construction Fund under this section to
the Administrative Services Economic Development Fund created by ORS 461.540. [1991
c.575 §2; 1993 c.18 §92; 1997 c.249 §124]
391.140
Revenue bonds for specified light rail project; amount; purpose; issuance by
State Treasurer; pledge of revenues. (1) In accordance with ORS chapter 286A, the State Treasurer, at the
request of the Director of Transportation, shall issue revenue bonds from time
to time in an aggregate amount not to exceed:
(a) The principal sum of $115 million;
(b) The costs incurred in connection with
the issuance of the bonds and other administrative expenses of the State
Treasurer in connection with the issuance of the bonds; and
(c) The amount of any reserves determined
to be necessary or advantageous in connection with the revenue bonds.
(2) The Director of Transportation shall
submit to the State Treasurer from time to time written requests to issue the
revenue bonds in amounts sufficient to provide in a timely fashion the moneys
required to fund the obligations of the Department of Transportation under any
written agreements or commitments entered into under ORS 391.120 (2) for the
purpose of financing the state share of the costs of the Westside corridor
light rail project identified in ORS 391.120 (2)(a).
(3) Moneys received from the issuance of
revenue bonds, including any investment earnings thereon, may be expended only
for the purpose of financing the costs of development, acquisition and
construction of the Westside corridor light rail project identified in ORS
391.120 (2)(a), and to pay the costs of issuing the bonds and other
administrative expenses of the State Treasurer in carrying out the provisions
of ORS 391.120 and this section, including the funding of any reserves
determined to be necessary or advantageous in connection with the revenue
bonds.
(4) Notwithstanding ORS 286A.100, 286A.102
and 286A.120 or any other provision of law, revenue bonds issued under this
section, regardless of whether issued in one or more issues, shall be secured
equally and ratably by the pledge of moneys described in this subsection and
ORS 391.130. The bonds shall be secured by a pledge of, and a lien on, and
shall be secured and payable only from, moneys on deposit from time to time in
the Regional Light Rail Extension Construction Fund established by ORS 391.120.
The revenue bonds shall not be a general obligation of this state, and shall
not be secured by or payable from any funds or assets of this state other than
the moneys on deposit from time to time in the Regional Light Rail Extension
Construction Fund.
(5) The moneys in the Regional Light Rail
Extension Bond Account shall be used and applied by the Director of
Transportation to pay when due the principal of and interest on any revenue
bonds issued under this section.
(6) The interest on all revenue bonds
issued under this section and on any refunding bonds issued pursuant to ORS
chapter 286A is exempt from personal income taxation imposed by this state
under ORS chapter 316.
(7) The proceeds derived from the issuance
and sale of the revenue bonds, including any proceeds required to fund any
reserves determined to be necessary or advantageous in connection with the
revenue bonds, shall be deposited in a special, segregated subaccount of the
Regional Light Rail Extension Construction Fund. The moneys on deposit from
time to time in the subaccount, including any investment earnings thereon,
shall be disbursed as needed for the purposes described in subsection (3) of
this section upon the written request of the Director of Transportation. [1991
c.575 §4; 2007 c.783 §179]
391.150
Joint management of specified light rail project; contracting procedures. (1) The Department of Transportation and the
Tri-County Metropolitan Transportation District shall jointly manage the
construction phases of the Westside corridor light rail project. The final
project management plans of the managing agencies shall provide that the
district shall manage and oversee construction of the light rail right of way
and facilities and that the department shall manage and oversee the
construction of highway improvements related to the extension of the light rail
system. The department and the district shall describe in a memorandum of
understanding or grant agreement the functions and responsibilities assigned to
each of the managing agencies and shall establish an organizational and
management system for the project under which significant actions during the
construction phase occur only with the knowledge of both of the managing
agencies.
(2) Subject to ORS 279.835 to 279.855 and
ORS chapters 279A, 279B and 279C and any applicable prohibitions against
preferences in contracts related to the construction phase of the Westside
corridor light rail project, the managing agencies shall develop procedures
that afford qualified businesses in Oregon the opportunity to compete for
project contracts to the maximum extent feasible and consistent with federal
laws and regulations governing Federal Transit Administration grants.
(3) The managing agencies shall seek the
cooperation and assistance of contracting and construction associations in this
state when establishing the contracting procedures for the Westside corridor
light rail project. The managing agencies shall also establish and implement
programs to provide contracting and construction businesses with information
relating to the project.
(4) The managing agencies, to the maximum
extent feasible, shall encourage disadvantaged business enterprises to bid for
contracts and to otherwise participate in the Westside corridor light rail
project. [1991 c.575 §5; 1993 c.741 §65; 2003 c.794 §271]
391.160 [1995 s.s. c.3 §1; repealed by 1997 c.800 §23]
391.165 [1995 s.s. c.3 §2; 1997 c.249 §125; repealed
by 1997 c.800 §23]
391.170 [1995 s.s. c.3 §3; repealed by 1997 c.800 §23]
391.175 [1995 s.s. c.3 §8; repealed by 1997 c.800 §23]
391.180 [1995 s.s. c.3 §6; repealed by 1997 c.800 §23]
391.185 [1995 s.s. c.3 §4; repealed by 1997 c.800 §23]
391.190 [1995 s.s. c.3 §5; repealed by 1997 c.800 §23]
391.195 [1995 s.s. c.3 §13; repealed by 1997 c.800 §23]
391.200 [1995 s.s. c.3 §7; repealed by 1997 c.800 §23]
391.205 [1995 s.s. c.3 §9; repealed by 1997 c.800 §23]
391.210 [1995 s.s. c.3 §11; repealed by 1997 c.800 §23]
391.215 [1995 s.s. c.3 §11a; repealed by 1997 c.800 §23]
391.220 [1995 s.s. c.3 §12; repealed by 1997 c.800 §23]
391.225 [1995 s.s. c.3 §14; repealed by 1997 c.800 §23]
391.230 [1995 s.s. c.3 §15; repealed by 1997 c.800 §23]
391.235 [1995 s.s. c.3 §16b; repealed by 1997 c.800 §23]
391.300 [1995 s.s. c.3 §32; repealed by 1996 c.13 §4]
391.301
Ratification of compact. The
Legislative Assembly of the State of
391.305 [1995 s.s. c.3 §33; repealed by 1996 c.13 §4]
391.306
______________________________________________________________________________
ARTICLE I
Transit Authority Established
The States of Oregon and Washington
establish by way of this interstate compact an independent, separate regional
authority, which is an instrumentality of both of the signatory parties hereto,
known as Columbia River Light Rail Transit Authority (hereinafter referred to
as the “Authority”). The Authority shall be a body corporate and politic, and
shall have only those powers and duties granted by this compact and such
additional powers as may hereafter be conferred upon the Authority by the acts
of both signatories.
ARTICLE II
Definitions
As used in this compact, the following
words and terms shall have the following meanings, unless the context clearly
requires a different meaning:
(1) “C-TRAN” means the Clark County Public
Transportation Benefit Authority based in
(2) “Major feeder system” means all bus or
other transit services provided by C-TRAN or Tri-Met that are or are planned to
be connected with the South North light rail transit line, to accommodate the
transfer of passengers to or from the light rail line and to transport light
rail passengers between the light rail station and their trip origin or trip
destination.
(3) “Signatory” or “signatory state” means
the State of
(4) “South North light rail transit line”
means the light rail line directly connecting portions of Clackamas County,
Oregon, Portland, Oregon and Clark County, Washington as may be extended from
time to time, including any segment thereof, and also including, without
limitation, all light rail vehicles, rights-of-way, trackage, electrification,
stations, park-and-ride facilities, maintenance facilities, tunnels, bridges
and equipment, fixtures, buildings and structures incidental to or required in
connection with the performance of light rail service between portions of
Clackamas County, Oregon, Portland, Oregon and Clark County, Washington. The
South North light rail transit line shall include a system that comprises any
future light rail lines and transit facilities that cross the jurisdictional
lines of the signatory states.
(5) “Transit facilities” means all real
and personal property necessary or useful in rendering transit service by means
of rail, bus, water and any other mode of travel including, without limitation,
tracks, rights of way, bridges, tunnels, subways, rolling stock for rail, motor
vehicles, stations, terminals, areas for parking and all equipment, fixtures,
buildings and structures and services incidental to or required in connection
with the performance of transit service.
(6) “Transit service” means the
transportation of persons and their packages and baggage by C-TRAN, Tri-Met or
the Authority by means of transit facilities.
(7) “Tri-Met” means the Tri-County
Metropolitan Transportation District based in
ARTICLE III
Purpose and Functions
The purpose of the Authority is:
(1) To generally cause the South North
light rail transit line to be designed, engineered, financed, constructed and
developed consistently with the applicable regional transportation and land use
plans and the locally preferred alternative selected pursuant to regulations of
the Federal Transit Administration or the regulations of any successor federal
agency or authority;
(2) To facilitate the operation and
maintenance of the South North light rail transit line;
(3) To coordinate C-TRAN and Tri-Met
activities to implement and operate the major feeder system that serves the
South North light rail transit line;
(4) To coordinate C-TRAN and Tri-Met
activities to implement and operate buses or other transit facilities that
serve bi-state trips; and
(5) To serve only such other regional
transit purposes and to perform such other regional transit functions as the signatories
may authorize.
ARTICLE IV
Powers
The Authority has the power to:
(1) Sue and be sued, plead and be
impleaded in all actions, suits or proceedings, brought by or against it.
(2) Adopt suitable rules and regulations
not inconsistent with this compact, the Constitution and laws of the
(a) Govern its activities;
(b) Add specificity to its powers and
duties;
(c) Interpret legislation that is
applicable to the Authority; and
(d) Resolve inconsistencies resulting from
the application of the laws and regulations of both signatories.
(3) Acquire, maintain, control, and convey
easements, licenses, and other limited property rights for the purpose of
constructing the South North light rail transit line. However, the Authority
shall not have the power to own real property.
(4) Receive and accept federal, state,
regional or local payments, appropriations, grants, gifts, loans, advances, credit
enhancements, credit guarantees and other funds, properties and services as may
be transferred or made available to the Authority by either signatory, any
political subdivision or agency thereof, by the United States, or by any agency
thereof, or by any other public or private corporation or individual. Any funds
received by the Authority from any source may be commingled and expended to
carry out the purposes and functions of the Authority without regard to any law
of the signatories that requires expenditure of appropriated funds within the
fiscal period for which the appropriation is made.
(5) Disburse funds for its lawful
activities and to make grants or loans to C-TRAN or Tri-Met.
(6) Enter into agreements with:
(a) C-TRAN or Tri-Met to provide planning,
engineering, design, administration, construction management or other services
needed for the development of the South North light rail transit line;
(b) C-TRAN, Tri-Met or, except with regard
to matters specified in paragraph (a) of this subsection, private entities for
the construction of the South North light rail transit line;
(c) C-TRAN, Tri-Met or, except with regard
to matters specified in paragraph (a) of this subsection, private entities for
the construction of bridges over or tunnels under navigable streams and bodies
of water to be owned individually or jointly by the States of Oregon and
Washington;
(d) C-TRAN or Tri-Met for the management,
operation, and maintenance of the South North light rail transit line;
(e) C-TRAN or Tri-Met providing for
acquisition by C-TRAN, Tri-Met or other public entities of the property rights
needed for the South North light rail transit line and related activities;
(f) C-TRAN, Tri-Met or private entities to
purchase, lease or otherwise acquire the materials, equipment and vehicles
needed for the construction and implementation of the South North light rail
transit line; and
(g) C-TRAN or Tri-Met to implement the
decisions of the Authority.
(7) Delegate any of its powers and duties
to any political subdivision or governmental agency.
(8) Resolve any disputes between C-TRAN
and Tri-Met over the operation of the South North light rail transit line or
the major feeder system. However, the Authority shall not have the power to
require from C-TRAN and Tri-Met capital improvements to the South North light
rail transit line or the major feeder system.
(9) To the extent allowed by law,
encourage, assist and facilitate public and private development along the South
North light rail transit line.
(10) Perform all other necessary and
incidental functions.
(11) Exercise such additional powers as
shall be conferred on it by Act of the federal Congress or jointly by the
signatories.
ARTICLE V
Board Membership
The Authority shall be governed by a board
of six directors consisting of three members of the C-TRAN governing body and
three members of the Tri-Met governing body. Directors representing C-TRAN and
Tri-Met shall be appointed by their respective governing bodies.
ARTICLE VI
Terms of Office
Board members shall serve terms of four
years, unless terminated earlier by the governing body of the appointing
transit agency.
ARTICLE VII
Compensation of Directors
The directors shall serve without
compensation. The directors may be reimbursed for the necessary expenses
incurred in the performance of their duties pursuant to adopted policies of the
transit agency that appointed them.
ARTICLE VIII
Organization and Procedure
The board of directors of the Authority
shall by rule provide for its own organization and procedure. It shall
biennially elect a chairperson from among its directors who shall serve a term
of two years subject to earlier removal by a vote of four directors. Meetings
of the board shall be held as frequently as the board deems that the proper
performance of its duties requires, and the board shall keep minutes of its
meetings. The board shall adopt rules and regulations governing its meetings,
minutes and transactions.
ARTICLE IX
Staff
The Authority shall not have the power to
hire administrative staff. Administrative staff support shall be provided by
C-TRAN and Tri-Met by intergovernmental agreement.
ARTICLE X
Quorum and Actions by the Board
Four directors shall constitute a quorum.
No action by the board shall be effective unless there is an affirmative vote
of a majority of those present.
ARTICLE XI
Conflicts of Interest
(1) No director shall:
(a) Be financially interested, either
directly or indirectly, in any contract, sale, purchase, lease or transfer of
real or personal property to which the board of directors of the Authority is
party;
(b) In connection with services performed
within the scope of official duties, solicit or accept money or any other thing
of value in addition to the expenses paid to the director by the Authority; or
(c) Offer money or any other thing of
value for or in consideration of obtaining an appointment, promotion or
privilege in employment with the Authority.
(2) Any director who willfully violates
any provision of this section shall, in the discretion of the board, forfeit
the office of the director. Any contract or agreement made in contravention of
this section may be declared void by the board. Nothing in this section shall
be considered to abrogate or limit the applicability of any federal or state
law that may be violated by any action proscribed by this section.
ARTICLE XII
Financial Plans and Reports
The board of directors of the authority
shall make and publish, as necessary, financial plans and detailed annual
budgets for the construction, operation and maintenance of the South North
light rail transit line, including a Sources of Funds plan. The board may also
prepare, publish and distribute such other public reports and informational
materials as it may deem necessary or desirable.
ARTICLE XIII
Operation and Maintenance Costs
(1) The Authority shall annually determine
the amount of the South North light rail transit line’s operating and
maintenance costs and the Authority’s administrative costs that shall be
contributed to the Authority by C-TRAN and Tri-Met. The amount to be collected
from C-TRAN and Tri-Met shall be based upon all relevant factors, including but
not limited to, ridership origination and destination and relative usage of the
South North light rail transit line.
(2) After establishing the amount to be
allocated to C-TRAN and Tri-Met, the Authority shall levy an annual assessment
on C-TRAN and Tri-Met for the purpose of financing the management,
administration, operation, maintenance, repair, expansion, and related
activities for facilities, equipment, systems or improvements included in the
South North light rail transit line.
ARTICLE XIV
Capital Contributions
(1) The Authority shall enter into a
financing plan agreement with C-TRAN, Tri-Met and any private entities
providing construction financing for the South North light rail transit line or
any segment thereof, which agreement shall establish a financing plan for the
construction phases of the South North light rail transit line, including each
segment thereof. The financing plan agreement shall specify the obligations of
each party to pay a portion of the construction costs of the South North light
rail transit line, including the estimated total construction costs, the
percentage share of each party of the total construction costs, the estimated
schedule for the payment of each party’s percentage share and the planned
source of funds from which each party intends to fund its share of the total
construction costs. The financing plan agreement, among other matters, may:
(a) Separately specify each party’s
obligation for each segment of the South North light rail transit line;
(b) Limit the liability of C-TRAN and
Tri-Met to particular funding sources identified in the financing plan
agreement;
(c) Make provisions for any interim
financing, credit enhancements or guarantees to be provided by C-TRAN, Tri-Met
or any other parties in order to supply the funds needed to construct the South
North light rail transit line in accordance with the construction schedule
established in the financing plan agreement; or
(d) Provide that all or a portion of one
party’s obligations shall be satisfied by making payments to another party to
the agreement in order to pay or reimburse the construction or financing costs
incurred by the payee.
(2) The financing plan agreement shall
provide that C-TRAN and Tri-Met shall each retain full power and authority to
pledge their respective sources of funds as security for any bonds, notes or
other obligations issued thereby, and for any credit enhancements obtained in connection
with any such bonds, notes or other obligations, in order to provide interim or
permanent financing for the construction costs of the South North light rail
transit line. The financing plan agreement shall not in any way or to any
extent create a pledge of or a lien or encumbrance on any funds of C-TRAN or
Tri-Met.
(3) C-TRAN and Tri-Met singly or together
shall enter into one or more Full Funding Grant Agreements with the Federal
Transit Administration, or its successor, to establish the federal funding
commitment for the South North light rail transit line, or any segments
thereof, and the terms and conditions for obtaining the federal funds. The
Authority shall cause the South North light rail transit line, and each segment
thereof, to be designed, engineered and constructed in a manner consistent with
the applicable Full Funding Grant Agreement, applicable state laws and the
terms and conditions of the financing plan agreement.
(4) The financing plan agreement may be
amended from time to time by the Authority, C-TRAN and Tri-Met to the extent
such parties determine any amendment is necessary or beneficial. Any such
amendment shall require the consent of any private entity that is a party to
the financing plan agreement only if and to the extent such consent is required
under the terms of the financing plan agreement.
ARTICLE XV
Indemnification
(1) C-TRAN shall hold Tri-Met and the
Authority harmless and indemnify Tri-Met and the Authority for any and all
liability, settlements, losses, costs, damages and expenses in connection with
any action, suit or claim resulting from C-TRAN’s negligent errors, omissions
or acts in carrying out the purposes of this compact.
(2) Tri-Met shall hold C-TRAN and the
Authority harmless and indemnify C-TRAN and the Authority for any and all
liability, settlements, losses, costs, damages and expenses in connection with
any action, suit or claim resulting from Tri-Met’s negligent errors, omissions
or acts in carrying out the purposes of this compact.
(3) The Authority shall hold C-TRAN and
Tri-Met harmless and indemnify C-TRAN and Tri-Met for any and all liability,
settlements, losses, costs, damages and expenses in connection with any action,
suit or claim resulting from the Authority’s negligent errors, omissions or
acts in carrying out the purposes of this compact.
ARTICLE XVI
Fares
Fares will be established and collected by
C-TRAN and Tri-Met for trips originating within their respective districts.
Payment of those fares will be honored by the Authority as payment for passage
on the South North light rail transit line.
ARTICLE XVII
Insurance
The board of directors of the Authority
may self-insure or purchase insurance and pay the premiums therefor against
loss or damage, against liability for injury to persons or property and against
loss of revenue from any cause whatsoever. Such insurance coverage shall be in
such form and amount as the board may determine, subject to the requirements of
any agreement or other obligations of the Authority.
ARTICLE XVIII
Tax Exemption
(1) It is hereby declared that the
creation of the Authority and the carrying out of the purposes of the Authority
is in all respects for the benefit of all people of the signatory states. It is
further declared that the Authority and the board of directors are performing a
public purpose and an essential government function, including, without
limitation, proprietary, governmental and other functions, in the exercise of
the powers conferred by this compact. Therefore, the Authority and the board of
directors shall not be required to pay taxes or assessments upon any of the
property under its jurisdiction, control, possession or supervision or upon its
activities in the operation and maintenance of the South North light rail
transit line or upon any revenues therefrom.
(2) When C-TRAN or Tri-Met, acting under
an agreement with the Authority pursuant to Article IV of this compact,
possesses or controls property or conducts activities in the operation and
maintenance of the South North light rail transit line:
(a) C-TRAN and Tri-Met shall remain
subject to the tax laws of their respective states with respect to such
property located, or activities conducted, within their respective states;
(b) C-TRAN shall be subject to the tax
laws of the State of Oregon with respect to such property located, or
activities conducted, in Oregon only to the extent Tri-Met would be subject to
those laws if Tri-Met rather than C-TRAN possessed or controlled the property
or conducted the activity; and
(c) Tri-Met shall be subject to the tax
laws of the State of