2007 Oregon Code - Chapter 391 :: Chapter 391 - Mass Transportation
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;
secretarys 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 authoritys 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
Districts 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
districts light rail system, including servicing any obligations entered into
by the district to finance the costs of extending the districts 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 states 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 directors 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 lines operating and
maintenance costs and the Authoritys 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 partys 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 partys
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
partys 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-TRANs 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-Mets 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 Authoritys 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
ARTICLE XIX
Applicable Laws
The Authority shall be both subject to and
exempt from certain laws of the States of Oregon and Washington as concurred in
by the legislature of each state, respectively. Where the laws of the States of
Oregon and Washington are not made inapplicable to the Authority by legislative
action, the laws of the respective states will continue to apply to activities
occurring within each states geographical boundaries. However, the following
laws shall apply generally to the Authority regardless of the state in which
the activities governed by the laws occur. The following laws shall govern
exclusively the matters they address, and the provisions of corresponding or
analogous laws of either signatory shall have no effect:
(1) Federal Administrative Procedures Act
(5 U.S.C. 500 et seq.), as amended from time to time, or any successor
legislation;
(2) Federal Miller Act (40 U.S.C. 270a et
seq.), as amended from time to time, or any successor legislation;
(3) Federal prevailing wage law (40 U.S.C.
276a et seq.), as amended from time to time, or any successor legislation;
(4) Federal rules on disadvantaged
business enterprises (49 C.F.R. Part 23), as amended from time to time, or any
successor legislation;
(5) Federal competitive bidding laws (41
U.S.C. 251 et seq.), as amended from time to time, or any successor
legislation; and
(6) ORS 30.260 to 30.300 (1993 Edition).
ARTICLE XX
Jurisdiction of Courts
(1) The United States District Courts
shall have original jurisdiction, concurrent with the courts of
(2) All laws or parts of laws of the
United States and of the signatory states that are inconsistent with the
provisions of this compact are hereby amended for the purpose of this compact
to the extent necessary to eliminate such inconsistencies and to carry out the
provisions of this compact.
ARTICLE XXI
Severability
If any provision of this compact, or its
application to any person or circumstance, is held to be invalid, all other
provisions of this compact, and the application of all of its provisions to all
other persons and circumstances, shall remain valid and to this end, the
provisions of this compact are severable.
ARTICLE XXII
Effective Date
This compact shall take effect, and the
board of the Authority may exercise its authority pursuant to the compact when
it has been ratified by the federal Congress and adopted by both signatories,
and the six directors of the board have been appointed. The effective date of
this compact shall be the date of the establishment of the board of directors
of the Authority.
______________________________________________________________________________
[1996 c.13 §2]
391.310 [1995 s.s. c.3 §34; repealed by 1996 c.13 §4]
391.311
Effect of compact on powers and privileges of mass transit districts in
(2) A mass transit agency organized under
the laws of the State of Washington, when operating in Oregon under the
authority or direction of the Columbia River Light Rail Transit Authority
established under the Columbia River Light Rail Transit Compact ratified by ORS
391.301, may exercise all of the rights, powers, privileges and immunities
conferred upon a mass transit district by ORS 267.010 to 267.390 to the extent
that those rights, powers, privileges and immunities are consistent with the
provisions of the Columbia River Light Rail Transit Compact. [1996 c.13 §3]
SOUTHEAST
METROPOLITAN EXTENSION PROJECT
Note: Sections 17 to 21, chapter 746, Oregon Laws
2007, provide:
Sec.
17. As used in sections 17
to 21 of this 2007 Act:
(1) Preconstruction means project design
and engineering or right-of-way acquisition that is undertaken prior to
entering a construction contract.
(2) Southeast Metropolitan Extension
Project means each stage of the preconstruction activities and construction
activities, including but not limited to design, engineering, right-of-way
acquisition and procurement and installation of components, to extend light
rail between Portland and Clackamas County.
(3) Tri-Met means the Tri-County
Metropolitan Transportation District of Oregon, a mass transit district created
under ORS chapter 267. [2007 c.746 §17]
Sec.
18. (1) In addition to
amounts authorized under ORS 286.505 to 286.545 [series repealed], for the
biennium beginning July 1, 2007, the State Treasurer may issue lottery bonds
pursuant to ORS 286.560 to 286.580 [renumbered 286A.560 to 286A.585] in the
amount of $250 million for payment of the expenses of the Southeast
Metropolitan Extension Project, plus an additional amount to be estimated by
the State Treasurer for payment of bond-related costs of the Oregon Department
of Administrative Services, the Department of Transportation and the State Treasurer.
(2) Lottery bonds authorized under this
section shall be issued no later than June 30, 2009, at the request of the
Director of Transportation in accordance with the grant agreement described in
section 21 of this 2007 Act. If the requirements specified in section 21 of
this 2007 Act have not been met by June 30, 2009, the lottery bonds authorized
under this section may not be issued.
(3) Net proceeds of lottery bonds issued
under this section, in the amount of $250 million, shall be deposited in the
Southeast Metropolitan Extension Project Fund established by section 20 of this
2007 Act.
(4) The bond-related costs of the Oregon
Department of Administrative Services, the Department of Transportation and the
State Treasurer for the lottery bonds authorized by this section shall be paid
from the gross proceeds of lottery bonds issued under subsection (2) of this
section and from allocations under ORS 286.576 (1)(c). [2007 c.746 §18]
Sec.
19. The Legislative Assembly
finds that:
(1) The Southeast Metropolitan Extension
Project will accomplish the purposes of creating jobs and furthering economic
development in
(a) Construction and operation of the
Southeast Metropolitan Extension Project will reduce traffic congestion on
existing highways and roads, improving the attractiveness of the metropolitan
area to new businesses and supporting the operations and prosperity of existing
businesses;
(b) Construction and operation of the
Southeast Metropolitan Extension Project will reduce the cost and time required
for family wage earners to commute to work, permitting more of Oregons
workforce to obtain jobs for which these workers are qualified; and
(c) Authorization of the issuance of
lottery bonds for the Southeast Metropolitan Extension Project will increase
the likelihood of receiving federal funds for the Southeast Metropolitan
Extension Project that add new revenues that will directly benefit Oregons
construction industry.
(2) The factors described in subsection
(1) of this section will encourage and promote economic development within the
State of
Sec.
20. The Southeast
Metropolitan Extension Project Fund is established separate and distinct from
the General Fund. The moneys in the Southeast Metropolitan Extension Project
Fund and the interest earnings on the fund are continuously appropriated to the
Department of Transportation for the purposes described in section 21 of this
2007 Act and for the purpose of paying the administrative expenses incurred by
the department by entering into and administering the grant agreement
authorized under section 21 of this 2007 Act. The fund consists of moneys
deposited into the fund under section 18 of this 2007 Act and may include fees,
moneys or other revenues available for payment of expenses of the Southeast
Metropolitan Extension Project from the United States Department of
Transportation or the Federal Highway Administration. [2007 c.746 §20]
Sec.
21. (1) The Director of
Transportation shall enter into a grant agreement with Tri-Met no later than
June 30, 2009, that requires the Department of Transportation to disburse to
Tri-Met from the Southeast Metropolitan Extension Project Fund established by
section 20 of this 2007 Act an aggregate amount of $250 million, plus interest
earnings on moneys in the fund, over the course of the Southeast Metropolitan
Extension Project to pay for costs of the project.
(2) Disbursements from the fund authorized
by this section shall be made when:
(a) Moneys are available in the fund;
(b) Tri-Met has entered into one or more
contracts for the design, construction or acquisition of components of the
Southeast Metropolitan Extension Project; and
(c) The director determines that:
(A) Tri-Met has entered into necessary
intergovernmental agreements with local governments and can demonstrate it has
sufficient financing to complete the preconstruction or construction phase of
the Southeast Metropolitan Extension Project for which funds are requested;
(B) Tri-Met has agreed as part of the
grant agreement authorized by this section that Tri-Met will not request or
accept any state General Fund moneys for the Southeast Metropolitan Extension
Project; and
(C) Except for land required for
right-of-way acquisition, Tri-Met has obtained the land use final order for the
phase of the project for which disbursements are requested.
(3) After a determination by the director
that Tri-Met has met all of the conditions described in subsection (2) of this
section, the department shall disburse to Tri-Met from the Southeast
Metropolitan Extension Project Fund the amount requested by Tri-Met until all
moneys in the fund have been disbursed to Tri-Met.
(4) The state is not liable to the
lenders, vendors or contractors of Tri-Met for any action or omission under
sections 18 to 21 of this 2007 Act or the grant agreement authorized by this
section, except for a failure to allocate and deposit in the Southeast
Metropolitan Extension Project Fund amounts authorized by section 18 of this
2007 Act or to disburse from the fund to Tri-Met amounts required by this section
and the grant agreement authorized by this section. [2007 c.746 §21]
MASS
TRANSPORTATION FINANCING AUTHORITY
391.500
Declaration of policy; construction of statutes. (1) The Legislative Assembly of the State of
(a) It is in the public interest to
provide methods of financing the costs of mass transit facilities; and
(b) The method of financing provided in
ORS 267.227 and 391.500 to 391.660 is in the public interest and serves a
public purpose.
(2) The purpose of ORS 267.227 and 391.500
to 391.660 is to create an authority to provide financial assistance to mass
transit districts.
(3) ORS 267.227 and 391.500 to 391.660
shall be liberally construed. [1977 c.662 §2]
391.510
Definitions for ORS 391.500 to 391.660. As used in ORS 267.227 and 391.500 to 391.660, unless the context
otherwise requires:
(1) Acquire or acquisition means the
acquisition, by purchase, lease, gift, grant, devise, construction,
installation, reconstruction, repair and alteration, and the equipment,
improvement and extension of mass transit facilities.
(2) Authority means the Oregon Mass
Transportation Financing Authority created by ORS 267.227 and 391.500 to
391.660.
(3) Board means the members of the
authority created in ORS 391.520.
(4) District means a mass transit
district established under ORS 267.010 to 267.390.
(5) Finance or financing means the
issuance of revenue bonds pursuant to ORS 391.570 by the authority for the
purpose of providing financial assistance to districts.
(6) Financial assistance means the
providing of methods of financing of costs of mass transit facilities under ORS
267.227 and 391.500 to 391.660.
(7) Mass transit facility or facilities
means any or all property constituting a mass transit system, or any portion
thereof, in any manner owned, used, leased or operated by a district and which
is located wherever a district is authorized to operate. [1977 c.662 §3]
391.520
Financing authority created; membership. The Oregon Mass Transportation Financing Authority is hereby created
as a public instrumentality of the State of
391.530
Meetings; quorum; expenses.
The members shall select a chairperson from among themselves and may select
such other officers as they consider necessary. Any member may call a meeting
of the board. A majority of the members of the Oregon Mass Transportation
Financing Authority shall constitute a quorum for all purposes. Members of the
authority shall receive no compensation for services but shall be entitled to
the necessary expenses incurred in the discharge of their duties. [1977 c.662 §5]
391.540
Bylaws; secretarys duties, power. The Oregon Mass Transportation Financing Authority may adopt and amend
appropriate bylaws for the regulation of its affairs and the conduct of its
business and may elect a secretary who need not be a member. The secretary
shall perform such duties as the board shall designate and may give
certificates under the official seal of the authority, and all persons dealing
with the authority may rely on such certificates. [1977 c.662 §6]
391.550
Powers of Mass Transportation Financing Authority. The Oregon Mass Transportation Financing
Authority shall have the following powers together with all powers incidental
thereto or necessary for the performance thereof:
(1) To have perpetual succession as a
public instrumentality of the State of
(2) To sue and be sued and to prosecute
and defend, at law or in equity, in any court having jurisdiction of the
subject matter and of the parties;
(3) To have and to use a corporate seal
and to alter the same at pleasure;
(4) To maintain an office at such place or
places as it may designate;
(5) To acquire, own, finance, lease and
dispose of any mass transit facility and to enter into contracts for any and
all of such purposes; provided, that title to or in any mass transit facility
so financed may in the discretion of the authority remain in a district and
provided, further, that the district shall not itself operate any mass transit
facility, except as lessor;
(6) To lease or sell to a district any or
all of the mass transit facilities upon such terms and conditions as the board
shall deem proper, and to charge and collect rent or other payments therefor
and to terminate any such lease or sales agreement upon the failure of the
district to comply with any of the obligations thereof; and to include in any
such lease, if desired, provisions that the district shall have options to
renew the term of the lease for such period or periods and at such rent as
shall be determined by the board or to purchase any or all of the mass transit facilities
for a nominal amount or otherwise or that at or prior to the payment of all of
the indebtedness incurred by the authority for the financing of such mass
transit facilities the authority may convey any or all of the mass transit
facilities to the district with or without consideration;
(7) By resolution of a majority of the
members of the authority, to issue bonds in the aggregate principal sum of not
to exceed $250 million par value for any of its corporate purposes and to
refund the same, subject to the provisions of ORS 267.227 and 391.500 to
391.660;
(8) To employ or to contract with other
state or municipal agencies for such employees and agents as may be necessary
in its judgment;
(9) To receive and accept from any public
agency loans or grants for aid in the acquisition of any mass transit facility
and any portion thereof, and to receive and accept grants, gifts or other
contributions from any source;
(10) To refund outstanding obligations
incurred by any district including obligations incurred, undertaken or
completed prior to or after October 4, 1977;
(11) To receive and to pledge as security
for the payment of any bonds issued under ORS 267.227 and 391.500 to 391.660,
any lease, purchase agreement, note, bond or other obligation by or on behalf
of any district;
(12) To make loans to any district for the
purpose of providing financial assistance to such district in accordance with
an agreement between the authority and such district; and
(13) To do all things necessary and
convenient to carry out the purpose of ORS 267.227 and 391.500 to 391.660. [1977
c.662 §7; 1983 c.306 §1]
391.560
Lease terms for facility financed by bonds. Any lease of a mass transit facility entered into pursuant to the
provisions of ORS 267.227 and 391.500 to 391.660 shall be for a term not
shorter than the longest maturity of any bonds issued to finance such mass
transit facility or a portion thereof and shall provide for income, revenues
and rentals from all sources pledged to the payment of such bonds adequate to
pay the principal, interest and premiums, if any, on such bonds as the same
fall due and to create and maintain such reserves and accounts for
depreciation, if any, as the board in its discretion shall determine to be
necessary. [1977 c.662 §8]
391.570
Bonds; form; conditions; issuance; refunding. (1) Bonds may be issued as serial bonds or as term bonds or a
combination of both types. The board may provide that such bonds:
(a) May be executed and delivered by the
Oregon Mass Transportation Financing Authority at any time and from time to
time in such amounts including all necessary and incidental expenses, together
with all necessary initial bond and interest reserves and applicable interest
during the period of acquisition;
(b) May be in such form and denominations
and of such terms and maturities;
(c) May be in fully registered form or in
bearer form registerable either as to principal or interest or both;
(d) May bear such conversion privileges
and be payable in such installments and at such time or times not exceeding 40
years from the date thereof;
(e) May be payable at such time or times
and at such place or places whether within or without the State of
(f) May be made optional for redemption
prior to maturity at such price or prices and on such terms and conditions;
(g) May be executed by the manual or
facsimile signatures of such officers of the authority; and
(h) May contain such other provisions not
inconsistent with ORS 267.227 and 391.500 to 391.660.
(2) Any bonds of the authority may be sold
for such price and in such manner and from time to time as may be determined by
the board. The board shall publish notice of its intent to sell bonds, at least
once, at least two days prior to the date of sale, in a newspaper of general
circulation in each district which is to receive financial assistance from the
proceeds of the bonds. The notice shall state the general purposes for which
the bonds are to be sold. Issuance by the authority of one or more series of
bonds for one or more purposes shall not preclude it from issuing other bonds
in connection with the same mass transit facility or any other mass transit
facility or for any other purpose, but the proceedings where any subsequent
bonds may be issued shall recognize and protect any prior pledge made for any
prior issue of bonds. Refunding bonds may be issued whether the bonds to be
refunded are then subject to redemption or are thereafter subject to redemption
or maturity, and regardless of the purpose for which the bonds to be refunded
were issued by the authority. All such bonds and the interest coupons
applicable thereto, if any, are made and shall be construed to be negotiable
instruments. [1977 c.662 §9]
391.580
Pledges for bonds. The
principal, interest and premiums, if any, on any bonds issued by the Oregon
Mass Transportation Financing Authority shall be secured solely by a pledge of
the income, revenues and receipts out of which the same shall be made payable
and may also be secured by and payable out of proceeds from the sale of the
mass transit facility acquired or financed by the proceeds of such bonds. In
addition, the district which is to lease or purchase the mass transit
facilities financed out of the proceeds of any bonds issued by the authority
may, by resolution of the district board, pledge all or any part of the
revenues of the district derived from any taxes which the district is
authorized to levy as security for the payment of the principal, interest and
premiums, if any, on the bonds issued by the authority to finance such mass
transit facilities. In the resolution of the district board pledging all or any
part of its tax revenues as security for any bonds issued by the authority, the
district may reserve the right to pledge from time to time on a parity basis
all or any part of its tax revenues as security for any one or more series of
bonds issued thereafter by the authority or the district, and in the event the
right so reserved by the district is exercised all bonds secured by a pledge of
such tax revenues shall be equally and ratably secured by such tax revenues
without preference or priority of any kind of any bond or series of bonds
secured thereby over any other bond or series of bonds secured thereby. A
pledge of tax revenues by a district as a security for the payment of any bonds
issued by the authority shall not be considered to be the incurring of bonded
indebtedness by the district. Any pledge made pursuant to this section shall be
valid and binding from and after the date of issuance of the bonds secured
thereby and the income, revenues, receipts or taxes 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 such
pledge shall be valid and binding against all persons having claims of any kind
against the pledgor whether in tort, contract or otherwise, irrespective of
whether such persons have notice thereof. The resolution under which the bonds
are authorized to be issued and any indenture executed as security for the
bonds, may contain any agreements and provisions with respect to the
maintenance of the properties covered thereby, the fixing and collection of
rents for any portions leased by the authority to a district, the pledge of the
agreement of the district to make such payments as shall be necessary to pay
principal, interest and premiums, if any, on the bonds, the creation and
maintenance of special funds from such revenues, and the rights and remedies
available in the event of default, designation of a trustee, and any other
provision the board shall deem advisable. Each pledge and agreement made for
the benefit or security of any of the bonds of the authority shall continue
effective until the principal, interest and premiums, if any, on the bonds for
the benefit of which the same were made shall have been fully paid or provision
for such payment duly made. [1977 c.662 §10; 1985 c.655 §1]
391.590
Bonds not general obligation of state. All bonds issued by the Oregon Mass Transportation Financing Authority
under the provisions of ORS 267.227 and 391.500 to 391.660 shall not constitute
a debt, liability or general obligation of this state, or a pledge of the faith
and credit of this state, but shall be payable solely from the income revenues,
receipts or assets pledged for their payment. Each bond issued shall contain on
the face a statement that the State of Oregon or the authority shall not be
obligated to pay the same nor the interest thereon except from the income
revenues, receipts or assets pledged therefor, and that neither the general
obligation, full faith and credit nor the taxing power of this state is pledged
to the payment of the principal of or the interest on such bond. [1977 c.662 §11]
391.600
Tax exempt status of income, property and bond interest. (1) The income and, to the extent permitted
by the Constitution, the property of the Oregon Mass Transportation Financing
Authority shall be exempt from all taxation in the State of Oregon. For purposes
of the Oregon Securities Law, bonds issued by the authority shall be deemed to
be securities issued by an instrumentality or a political subdivision of the
State of
(2) Interest payable on bonds of the
authority shall be exempt from taxes imposed on income by the State of
391.605
Limitations on transfer to metropolitan service district. (1) No transfer authorized by ORS 267.020 of
a mass transit district system to a metropolitan service district shall take
effect while bonds issued by the Oregon Mass Transportation Financing Authority
to finance mass transit facilities for the district are outstanding until a
plan designed to repay any outstanding bonds when due is prepared by the
governing body of the metropolitan service district and approved by:
(a) The chairperson of the Oregon
Transportation Commission or the chairpersons designee;
(b) The State Treasurer or State Treasurers
designee; and
(c) The chairperson of the Oregon
Investment Council or the chairpersons designee.
(2) Persons given authority to approve a
transfer under subsection (1) of this section may only refuse to approve a
transfer for reasons relating to the financial effect of the transfer. [1983
c.306 §3]
391.610
Expenses of authority; borrowed funds. All expenses of the Oregon Mass Transportation Financing Authority
incurred in carrying out the provisions of ORS 267.227 and 391.500 to 391.660
shall be payable solely from funds provided under the authority of ORS 267.227
and 391.500 to 391.660. For the purposes of meeting the necessary expenses of
initial organization and operation until such date as the authority derives
moneys from funds provided hereunder, the authority shall be empowered to
borrow moneys from districts, and districts are empowered to lend money to the
authority as may be required and agreed for such necessary expenses of
organization and operation. Expenses incurred by the authority in connection
with any application by a district for financial assistance under ORS 267.227 and
391.500 to 391.660 may be paid from the proceeds of bonds issued by the
authority. [1977 c.662 §13; 2007 c.531 §18]
391.620
Limitation on transfer of property rights. The Oregon Mass Transportation Financing Authority shall not convey
its right, title and interest in mass transit facilities to any district, prior
to the time the bonds secured thereby are fully paid, unless the authority has
determined that adequate provision has been made for the payment of principal,
interest and premiums, if any, on the bonds as they become due. [1977 c.662 §14]
391.630
Investments of surplus moneys.
The Oregon Mass Transportation Financing Authority may invest any surplus
moneys in investments permitted by ORS 294.035. [1977 c.662 §15]
391.640
Investment in authoritys bonds authorized. The state and all counties, cities and other municipal corporations,
all banking institutions and building and loan associations, savings and loan
associations, investment companies, insurance companies and associations, and
all personal representatives, guardians, trustees and other fiduciaries may
legally invest any sinking funds, moneys or other funds belonging to them or
within their control in any bonds issued pursuant to ORS 267.227 and 391.500 to
391.660. [1977 c.662 §16]
391.650
Severability of ORS 391.500 to 391.660. If any one or more sections or provisions of ORS 267.227 and 391.500
to 391.660, or the application thereof to any person or circumstance, shall
ever be held by any court of competent jurisdiction to be invalid, the
remaining provisions of ORS 267.227 and 391.500 to 391.660 and the application
thereof to persons or circumstances other than those to which it is held to be
invalid, shall not be affected thereby, it being the intention of this
Legislative Assembly to enact the remaining provisions of ORS 267.227 and
391.500 to 391.660 notwithstanding such invalidity. [1977 c.662 §19]
391.660
Short title. ORS 267.227 and
391.500 to 391.660 may be referred to and cited as the Oregon Mass
Transportation Financing Act. [1977 c.662 §1]
ELDERLY AND
DISABLED SPECIAL TRANSPORTATION FUND
391.800
Elderly and Disabled Special Transportation Fund. (1) There is established in the State
Treasury, separate and distinct from the General Fund, the Elderly and Disabled
Special Transportation Fund. All moneys in the Elderly and Disabled Special
Transportation Fund are appropriated continuously to the Department of
Transportation for payment of the departments administrative costs of the
program and payment to mass transit districts, transportation districts, Indian
tribes and counties as provided in ORS 391.810.
(2) The Elderly and Disabled Special
Transportation Fund shall consist of:
(a) Moneys transferred to the fund under
ORS 184.642 and 323.455 (3);
(b) Other moneys appropriated to the fund
by the Legislative Assembly; and
(c) Moneys obtained from interest earned
on the investment of moneys in the fund.
(3) Moneys in the Elderly and Disabled
Special Transportation Fund, with the approval of the State Treasurer, may be
invested as provided by ORS 293.701 to 293.820, and the earnings from the
investments shall be credited to the Elderly and Disabled Special
Transportation Fund. [1985 c.816 §9; 1987 c.62 §1; 1989 c.224 §66; 2003 c.601 §2;
2003 c.751 §3]
391.802
Definition for ORS 391.800 to 391.830. As used in ORS 391.800 to 391.830, Indian tribe means a federally
recognized Indian tribe in
391.810
Distribution of funds to districts, Indian tribes and counties; rules. (1) The Department of Transportation shall
distribute three-quarters of the moneys in the Elderly and Disabled Special
Transportation Fund, including the interest attributable thereto, to mass
transit districts organized under ORS 267.010 to 267.390, transportation
districts organized under ORS 267.510 to 267.650, Indian tribes and to those
counties in which no part of a mass transit district or transportation district
is located as follows:
(a) Each district shall receive that share
of the moneys as the population of the counties in which the district is
situated, determined under ORS 190.510 to 190.610 last preceding apportionment
of the moneys, bears to the total population of the state. However, if two or more
districts are situated in a single county, distribution of moneys under this
subsection shall be determined as though only the mass transit district is
located in that county or, if there are two or more transportation districts in
the county, as though only the transportation district with the highest
population is located in that county.
(b) Each county in which no part of a mass
transit district or transportation district is located shall receive that share
of the moneys as its population, determined under ORS 190.510 to 190.610 last
preceding apportionment of the moneys, bears to the total population of the
state.
(c) Each Indian tribe shall receive that
share of the moneys as the population of the tribe residing in
(2) After the requirements of subsection
(1) of this section have been met, the department shall distribute the remainder
of the moneys in the Elderly and Disabled Special Transportation Fund to the
districts, Indian tribes and counties described in subsection (1) of this
section as follows:
(a) Each district, Indian tribe or county
that receives a share of the moneys in proportion to population under
subsection (1) of this section shall receive an amount, determined by the
commission by rule and not to exceed $2,000 annually, to be used to defray the
administrative expenses of the district, Indian tribe or county in carrying out
its functions under ORS 391.800 to 391.830.
(b) Each district, Indian tribe or county
that receives a share of the moneys in proportion to population under
subsection (1) of this section shall receive for each fiscal year a minimum
amount, determined by the commission by rule, to be distributed to providers of
transportation for use as specified under ORS 391.830 (4).
(c) Each district, Indian tribe or county
shall receive any money distributed to it from the discretionary grant account
established under ORS 391.815.
(d) After the requirements of paragraphs
(a) to (c) of this subsection have been satisfied, the department shall set
aside and transfer the remainder of the moneys in the Elderly and Disabled
Special Transportation Fund to a discretionary grant account established under
ORS 391.815.
(3) The department may not distribute
moneys to a mass transit district, transportation district, Indian tribe or
county under this section unless the district, Indian tribe or county has
appointed an advisory committee under ORS 391.820.
(4) The department shall adopt rules
necessary for the administration and implementation of ORS 391.800 to 391.830.
The rules may include but are not limited to:
(a) Restrictions and requirements on the
distribution and use of moneys received under this section;
(b) Development of a form contract for use
by districts, Indian tribes and counties when distributing moneys received
under this section; and
(c) Restrictions and requirements on a
district, Indian tribe or county for failure to comply with the provisions of
this section or ORS 391.815 or 391.830.
(5) Each district, Indian tribe or county
described in subsection (1) of this section is specifically authorized to enter
into an agreement with another district, Indian tribe or county under ORS
190.003 to 190.130 to facilitate the performance of the functions authorized
under ORS 391.830. [1985 c.816 §10; 1989 c.224 §67; 1989 c.866 §8; 2003 c.613 §1a;
2003 c.751 §4]
391.815
Discretionary grant account; purpose; application for grant; grant approval;
distribution of moneys. (1)
After the requirements of ORS 391.810 have been satisfied, the Department of
Transportation shall set aside and transfer the remainder of the moneys in the
Elderly and Disabled Special Transportation Fund to a discretionary grant
account established as an account in the Elderly and Disabled Special
Transportation Fund.
(2) The moneys in the discretionary grant
account established under this section are continuously appropriated to the
department for the purpose of distribution for ultimate use for transportation
and services to elderly individuals and individuals with disabilities as
described under ORS 391.830 (4). The department may distribute moneys from the
discretionary grant account only as directed by the Oregon Transportation
Commission under this section.
(3)(a) A district, Indian tribe or county
described in ORS 391.810 (1) may make application to the department for a
distribution from the discretionary grant account established under this
section. The application shall describe the purposes for which the grant is to
be used and the monetary amount that is required to carry out those purposes.
(b) Upon receipt of an application, the
department shall cause the application to come to the attention of the
commission, which shall, after consideration, approve or deny the application,
in whole or in part.
(c) The commission shall approve only
those grants applied for under paragraph (a) of this subsection that are for
use for the purposes set forth in ORS 391.830 (4).
(4) Upon approval of an application, in
whole or in part, the commission shall direct the department to distribute the
dollar amount approved to the applying district, Indian tribe or county. [1989
c.866 §10; 2003 c.751 §5; 2007 c.70 §154]
391.820
Advisory committees; membership; duties. (1) The governing body of each mass transit district, transportation
district, Indian tribe or county that receives moneys from the Elderly and
Disabled Special Transportation Fund under ORS 391.810 shall appoint an
advisory committee to advise and assist the governing body in carrying out the
purposes of ORS 391.800 to 391.830. The number and terms of the members of an
advisory committee appointed under this section shall be determined by the appointing
governing body.
(2) To be qualified to serve on an
advisory committee of a district or county, an individual must reside within
the boundaries of the district, the county within which a district or part
thereof is located or the county in which no part of a district is located and
must be:
(a) A person who is an elderly individual
or an individual with a disability and uses transportation services in the
district or county;
(b) A person who is an elderly individual
or an individual with a disability and lives in an area of the district or
county where there are no public transportation services;
(c) An individual engaged in providing
transportation services to elderly individuals or individuals with disabilities
in the district or county;
(d) A representative of elderly
individuals; or
(e) A representative of individuals with
disabilities.
(3) To be qualified to serve on an
advisory committee of an Indian tribe, an individual must be able to represent
the transportation needs of elderly individuals and individuals with
disabilities served by the Indian tribe as determined by the governing body of
the Indian tribe.
(4) An advisory committee appointed under
this section shall review the distribution of moneys by the governing body of a
district, Indian tribe or county under ORS 391.830. The advisory committee may
propose any changes to the policies or practices of the governing body relating
to the distribution that the advisory committee considers necessary or
desirable. [1985 c.816 §11; 1987 c.532 §1; 1989 c.224 §68; 2003 c.751 §6; 2007
c.70 §155]
391.830
Use of funds to finance and improve transportation for elderly individuals and
individuals with disabilities.
(1)(a) Each mass transit district and transportation district that receives moneys
from the Department of Transportation under ORS 391.810 (1) or (2)(b), after
providing for costs of administration in an amount determined under ORS 391.810
(2)(a), shall distribute the moneys to providers of transportation for the
purpose of financing and improving transportation programs and services for
elderly individuals and individuals with disabilities, who reside in the
district and the county in which all or a portion of the district is located.
The moneys received under ORS 391.810 (1) and (2)(b) and distributed to
providers of transportation in areas within the counties in which the district
is located but outside the boundaries of the district shall be that share of
all moneys received by the district as the population of those counties residing
outside the district, as determined by the last federal decennial census, bears
to the total population of the counties.
(b) Each county that receives moneys from
the department under ORS 391.810 (1) or (2)(b), after providing for costs of
administration in an amount determined under ORS 391.810 (2)(a) shall
distribute the moneys to providers of transportation for the purpose of
financing and improving transportation programs and services for elderly
individuals and individuals with disabilities, who reside in the county.
(c) Each Indian tribe that receives moneys
from the department under ORS 391.810 (1) or (2)(b), after providing for costs
of administration in an amount determined under ORS 391.810 (2)(a), shall use
the moneys for the purpose of financing and improving transportation programs
and services for elderly individuals and individuals with disabilities, who are
served by the Indian tribe.
(2) The governing body of a district,
Indian tribe or county, after consultation with the advisory committee it
appointed under ORS 391.820, shall determine the amount of money to be
distributed to a provider of transportation and the purposes for which the
money must be used. Moneys received under ORS 391.810 (2)(c) shall be used for
the purposes for which received as indicated in the directive from the Oregon
Transportation Commission as described under ORS 391.815. All moneys received
under ORS 391.810 shall be distributed and used consistent with rules adopted
by the Department of Transportation under ORS 391.810 (4).
(3) A provider of transportation receiving
funds prior to January 1, 1986, from a governmental unit or agency for purposes
related to the transportation needs of elderly individuals or individuals with
disabilities is eligible to receive moneys from a district, Indian tribe or
county under this section.
(4) Moneys distributed to providers of
transportation under this section may be used for the following purposes:
(a) Maintenance of existing transportation
programs and services for elderly individuals or individuals with disabilities.
(b) Expansion of such programs and
services.
(c) Creation of new programs and services.
(d) Planning for, and development of,
access to transportation for elderly individuals and individuals with
disabilities who are not currently served by transportation programs and
services.
(5) Except in the case of a uniform budget
reduction or upon order or other authorization of the department, the increase
in moneys received under ORS 391.810 under this section and ORS 323.030,
323.455, 391.810 and 391.815 may not be used to supplant moneys currently
appropriated by counties, Indian tribes or districts for transportation
projects for elderly individuals or individuals with disabilities.
(6) As used in this section, provider of
transportation includes a city, county, district, Indian tribe or any other
person or agency, whether public or private, that maintains, operates or
sponsors vehicles and facilities for the transportation of passengers for
profit or on a nonprofit or voluntary basis. [1985 c.816 §12; 1989 c.224 §69;
1989 c.866 §11; 2003 c.613 §2; 2003 c.751 §7; 2007 c.70 §156]
Note: Sections 22 to 24, chapter 746, Oregon Laws
2007, provide:
Sec.
22. (1) In addition to the
amounts authorized under ORS 286.505 to 286.545 [series repealed], for the
biennium beginning July 1, 2007, at the request of the Director of
Transportation, the State Treasurer may issue lottery bonds pursuant to ORS
286.560 to 286.580 [renumbered 286A.560 to 286A.585] to provide funding for
grants authorized under section 23 of this 2007 Act.
(2) The use of lottery bond proceeds as
provided in subsection (1) of this section will create jobs and further
economic development in the State of Oregon and is a lawful use of lottery
funds under section 4, Article XV of the Oregon Constitution, because:
(a) There is an emerging market for
streetcar manufacturing within the
(b)
(c) Manufacturing 20 streetcar vehicles
per year for the next 10 to 15 years is projected to create 300 permanent
manufacturing jobs in
(d) By entering into or enhancing their
participation in this market,
(3) The aggregate principal amount of
lottery bonds issued pursuant to this section may not exceed $20 million, plus
an additional amount to be estimated by the State Treasurer for payment of
bond-related costs of the Department of Administrative Services, the Department
of Transportation and the State Treasurer.
(4) Lottery bonds issued under this
section shall be issued no later than June 30, 2009, at the request of the
director in accordance with the grant agreement described in section 23 of this
2007 Act.
(5) The net proceeds of lottery bonds
issued pursuant to this section shall be deposited in the Oregon Streetcar
Project Fund established by section 23 of this 2007 Act and used only for the
purposes specified in section 23 (3) of this 2007 Act and for bond-related
costs. [2007 c.746 §22]
Sec.
23. (1) The Oregon Streetcar
Project Fund is established separate and distinct from the General Fund.
Interest earned on moneys in the Oregon Streetcar Project Fund shall be
credited to the Oregon Streetcar Project Fund.
(2) The Oregon Streetcar Project Fund
shall consist of lottery bond proceeds deposited in the fund, earnings on the
fund and any other moneys appropriated to the fund by the Legislative Assembly.
(3) The moneys in the Oregon Streetcar
Project Fund are continuously appropriated to the Department of Transportation
for the purposes of:
(a) Making grants to municipalities, as
defined in ORS 285B.410, to provide streetcars for public transit systems; and
(b) Paying the administrative costs
incurred by the department in administering the grant program.
(4) Funds for grants authorized under this
section may be disbursed only when:
(a) Funds are available in the Oregon
Streetcar Project Fund;
(b) The grant recipient has applied for
the funding using the application procedures adopted by the department by rule
and has entered into a grant agreement with the department that:
(A) Requires the applicant to operate a
public transit system that includes streetcars that are available to the
public;
(B) Requires that grant funds be used only
for the costs of purchasing newly constructed streetcars from an Oregon-based
and Oregon-owned manufacturer; and
(C) Includes any other provisions the
department determines necessary to implement the purposes of this section and
to protect the interest of the public; and
(c) The Director of Transportation
determines that the purchase of streetcars as contemplated in the grant
agreement will result in the creation or maintenance of jobs with
Sec.
24. (1) The Department of
Transportation shall study the effect of grants authorized by section 23 of
this 2007 Act on the creation or maintenance of jobs in Oregon, and shall file
semiannual reports with the Oregon Transportation Commission on the findings of
the studies conducted.
(2) The department shall adopt rules and
develop policies and grant application procedures necessary to achieve the
goals of the grant program. [2007 c.746 §24]
_______________
CHAPTERS 392 TO 395
[Reserved for expansion]
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