Oregon Revised Statutes
Subject to ORS 801.040, 801.042, 801.237 and 803.445, for the purpose of exercising any power the district, as defined in ORS 801.237, is authorized to exercise, the district may impose registration fees on vehicles under ORS 803.445. MASS TRANSIT DISTRICTS (Generally)
As used in ORS 267.010 to 267.394, unless the context requires otherwise: “District” means a mass transit district established under ORS 267.010 to 267.394. “District board” or “board” means the board of directors of a district. “Mass transit system” or “transit system” means the property, equipment and improvements of whatever nature owned, used, constru…
When a metropolitan service district organized under ORS chapter 268 functions in a mass transit district organized under ORS 267.010 to 267.394, the governing body of the metropolitan district may at any time order transfer of the transit system of the transit district to the metropolitan district, whereupon: The governing body of the transit district shal…
To the maximum extent possible, motor vehicles subject to the control of a district shall use alternative fuel for operation. To the extent that it is economically and technologically possible, all motor vehicles purchased or leased by the board of the district shall be capable of using alternative fuel. However, this subsection does not apply if the vehicl…
As provided by ORS 267.010 to 267.394, a mass transit district may be created in any metropolitan statistical area for the purpose of providing a mass transit system for the people of the district. Except as otherwise provided in ORS 267.107 (2)(c), the territorial jurisdiction of the district may include all territory within the geographic boundaries of eve…
In addition to and not in lieu of other actions authorized for the initiation of proceedings to form a mass transit district, the governing body of the most populous city in a metropolitan statistical area may by resolution propose formation of a mass transit district, if that city has a local transit system and if the governing body finds that area-wide mas…
Board members of a mass transit district may not be elected at the time of formation, but if a district is formed, the Governor shall, within 60 days after receiving a certified copy of the formation order, appoint from subdistricts the members of the first board of directors of the district, designate one member as the temporary chairperson and fix the time…
Notwithstanding ORS 267.090, the terms of three of the directors of the first board of a district expire on the first Tuesday in the second January after the date of their appointment. The terms of four of the directors so appointed expire on the first Tuesday in the fourth January after the date of their appointment. The respective terms of the directors …
Before appointing a director to the board of a district situated in a metropolitan statistical area with a population exceeding 400,000, the Governor shall solicit from each city and county located wholly or partly within the subdistrict for which the appointment will be made recommendations of qualified individuals for the position.
(Formation :B1EM. Procedure Used in Salem)
Notwithstanding ORS 267.085: The governing body of the most populous city in a metropolitan statistical area may by resolution propose creation of a mass transit district if the governing body finds that area-wide mass transit needs cannot be met by local transit operation. The resolution of the governing body shall: Be considered at a public hearing only…
For a mass transit district formed under ORS 267.107, the Governor shall appoint members of the board of directors in accordance with ORS 267.090 and 267.095. Before making an appointment under this section, the Governor shall solicit recommendations of qualified individuals for the position from one or more local business and civic groups.
The territorial boundaries of a mass transit district whose formation was initiated under ORS 267.107 shall include, as a minimum area, all of the territory within the urban growth boundary, as the urban growth boundary may exist from time to time, of the city that proposed creation of the mass transit district.
(Board; Ordinances)
The board shall choose from among its members, by majority vote of the members, a president, vice president, treasurer and secretary, to serve for terms of two years. Each director, before entering upon the duties of office, shall take and subscribe to an oath that the director will honestly, faithfully and impartially perform duties as a director and discl…
The district board shall hold regular monthly meetings at a time and place fixed by the rules of the board. Special meetings may be held when called by the president of the board or when called by a majority of the members. However, five days’ notice of a special meeting shall be given by the secretary to each member not joining in the call. A majority of th…
No officer or employee of the district shall offer, solicit or accept money or any other thing of value as a consideration, in addition to the salary paid the officer or employee by the district, for services performed within the scope of the official duties of the officer or employee.
The board shall appoint a general manager on the basis of the qualifications of the general manager with special reference to the actual experience in or knowledge of accepted practices in respect to the duties of the office of the general manager. A general manager shall hold office for an indefinite term and may be removed by the board only by an affirmati…
A general manager of a district shall: Have full charge of the acquisition, construction, maintenance and operation of the transit system of the district. Have full charge of the administration of the business affairs of the district. Enforce all ordinances adopted by the board. Administer the personnel system adopted by the board and, except for officer…
The general manager shall attend the meetings of the board and may participate in its deliberations, but has no vote. The board may appoint a general manager pro tempore during the absence or disability of the general manager.
The legislative authority of a district board shall be exercised by ordinance. The board may enact police ordinances relating to the protection, use and enjoyment of district property and facilities. A district may appoint peace officers who shall have the same authority as other peace officers, except that such authority shall be limited to the enforcement…
A mass transit district may, by ordinance, establish an administrative process to adjudicate ordinance violations as described in this section. An administrative process established under this section may be used only to adjudicate violations of ordinances that the mass transit district has elected to treat as Class A, B, C or D violations under ORS 153.025…
A mass transit district that establishes an administrative process to adjudicate ordinance violations under ORS 267.153 shall track data relating to each violation subject to the administrative process, including: The type of violation and the approximate location of the violation; The resolution of the administrative process, including the amount of fine …
The electors of a district may exercise the powers of the initiative and referendum with reference to legislation of the district, in accordance with ORS 255.135 to 255.205. A district board on its own resolution may call an election for the purpose of referring an ordinance to the electors of a district for their approval before the ordinance takes effect.…
A mass transit district shall constitute a municipal corporation of this state, and a public body, corporate and politic, exercising public power. It shall be considered a unit of local government for the purposes of ORS 190.003 to 190.130, a public employer for the purposes of ORS 236.610 to 236.640, and a political subdivision for the purposes of ORS 305.6…
A mass transit district may enter into transactions with persons or entities for the supply or delivery of electricity or diesel fuel on an economic, dependable and cost-effective basis, including transactions involving financial products contracts and agreements for exchange of fixed and variable pricing agreements and other service contracts that reduce th…
A district board may by ordinance classify and designate as a service area the territory within the district that is benefited by the mass transit system beyond the general benefit to all territory within the district. The board may by ordinance amend the boundaries of the service area to conform to changes in the mass transit system service. Subject to res…
The board of directors of a mass transit district may alter the territorial boundaries of the district by a nonemergency ordinance adopted at any regular meeting. If an ordinance annexing territory to a district is initiated or referred by, or referred to, the electors of the district, it shall not take effect unless approved by a majority of the electors r…
An alteration of the boundaries of a district under ORS 267.207 or 267.250 to 267.263 shall not become effective during the period: Beginning after the 90th day before a primary election or general election and ending on the day after the election; or Beginning after the deadline for filing the notice of election before any other election held by the distr…
A district shall, within a reasonable time after formation, prepare a broad, general plan for a mass transit system for the district. The plan shall be prepared in cooperation with the Department of Transportation and cities and counties located within and adjacent to the district. The plan shall show existing and proposed transit systems of the district an…
A district may plan and let contracts for and carry through to completion construction and improvement projects costing less than $50,000 without feasibility reports, publication of notice, public hearings, public inspection of plans, advertisement for bids or public bidding, if the district board has approved the expenditure after obtaining plans, cost esti…
A mass transit district may cooperate with or enter into agreements with any city, county, port or state agency having jurisdiction or control over any right of way that is available for public travel for the joint use of such right of way. A city, county, port or state agency may cooperate with or enter agreements with a district for the joint use of any ri…
A mass transit district may enter into contracts, leases, subleases and agreements with the Oregon Mass Transportation Financing Authority. The obligation of a district to pay rentals to the Oregon Mass Transportation Financing Authority shall not be considered to be the incurring of bonded indebtedness by a district. A district shall reimburse the Oregon Ma…
Except as provided in ORS 824.045 and subsection (2) of this section, a transit system operated by a district, including the rates and charges made by a district and the equipment operated by a district, shall not be subject to state laws or ordinances of any political subdivision regulating public utilities or railroads, including those laws administered by…
When the district acquires an operating public transportation system, it shall make fair and equitable arrangements to protect the interests of employees and retired employees of the system. Such protective arrangements shall include, but shall not be limited to: Preservation of rights, privileges and benefits, including continuation of pension rights and p…
As used in this section: “District” means a mass transit district organized under ORS 267.010 to 267.394 or a transportation district organized under ORS 267.510 to 267.650. “Qualified entity” means an individual or business or organization, whether public, private, for-profit, nonprofit or voluntary, that, under contract with a district, provides individu…
In carrying out its duties under ORS 267.200, the district shall provide, for persons who are elderly or have disabilities, a program of transportation that: Is devised in consultation with and after solicitation of the views of persons representative of the communities for which such transportation shall be provided; and Gives due regard to parity of serv…
The provisions of ORS 608.310 shall not apply in respect to property operated by a mass transit district as part of a mass transit system. Note: 267.245 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 267 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explan…
The rights of a mass transit district to lands owned by the district are not extinguished by adverse possession. A person may not acquire title or property rights to lands owned by the district through operation of a statute of limitations. Note: 267.247 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 267 …
As used in ORS 267.250 to 267.263: “Affected area” means a contiguous area of not less than one square mile in which 200 or more district electors reside and which is within the boundaries of a district, but is outside the boundaries of any city with a population exceeding 10,000. However, the term does not include an area if the withdrawal of that area fro…
If the electors of an affected area wish to withdraw from a district, they may file a petition for withdrawal with the district board at the times and in the manner provided for in this section. However, if the formation of the district was initiated under ORS 267.107, the petition for withdrawal may not include any area within the urban growth boundary desc…
When a county clerk to whom a petition is submitted under ORS 267.253 certifies that the petition contains the number of valid signatures required under ORS 267.253, the district board shall schedule a public hearing on the petition. A district board may hold a single public hearing with respect to two or more petitions. The district board shall schedule th…
After receiving certification by a county clerk under ORS 267.255 of a petition for withdrawal filed under ORS 267.253, the district board shall conduct a study of the affected area described in the petition. The district board may also conduct an overall study of several affected areas. The study shall consider: The extent to which residents of the affecte…
As used in this section, “withdrawal date” means the effective date of an ordinance approving withdrawal of an affected area under ORS 267.250 to 267.263. An ordinance approving the withdrawal of an affected area under ORS 267.250 to 267.263 shall take effect on the first day of January next following the date which is 30 days after the adoption of the ordi…
The alteration of the boundaries of a district under ORS 267.250 to 267.263 is not subject to the jurisdiction or review of a local government boundary commission.
The savings derived from the cessation of service under an ordinance adopted under ORS 267.257 shall be used to improve service in the remaining portions of the district. Nothing in this section shall prevent the district from exercising its normal budgetary authority to adjust service levels. Note: 267.265 was enacted into law by the Legislative Assembly b…
Subject to restrictions in the Oregon Constitution, a district board may finance construction, acquisition, purchase, lease, operation and maintenance of a mass transit system and related facilities for the purposes authorized under ORS 267.010 to 267.394 by: Levy of ad valorem taxes under ORS 267.305. Service charges and user fees collected under ORS 267.…
A district may assess, levy and collect taxes each year on the assessed value of all taxable property within the limits of the district or the service area of the district. The proceeds of the tax shall be applied in carrying out the purposes of ORS 267.010 to 267.394. The district may annually also assess, levy and collect a tax without limitation upon all…
For the purpose of establishing a revolving fund to provide money to finance the planning and construction, acquisition, purchase or lease of a mass transit system, a district board may levy an ad valorem tax of not to exceed in any one year three-twentieth of one percent (0.0015) of real market value of all taxable property within the district. The revenue …
Except as otherwise provided in this section, to carry out the powers granted by ORS 267.010 to 267.394, the district board may by ordinance impose and may collect user charges, fees and tolls from those who are served by or use the transit system and other facilities and services of the district. The district shall not charge a person over 65 years of age …
For the purpose of financing the design, engineering, acquisition, construction and installation of any mass transit system, a district may enter into lease purchase agreements for such term of years as the board may determine. The lease purchase payments payable by a district under any such lease purchase agreement may be payable out of any funds of the dis…
To carry out any of the powers granted by ORS 267.010 to 267.394, a district, when authorized at any properly called election held for the purpose, may borrow money, and sell and dispose of general obligation bonds. Outstanding bonds shall never exceed in the aggregate two and one-half percent of the real market value of all taxable property within the distr…
If the line extending Tri-Met’s regional light rail system north from Clackamas County, Oregon, is not part of a phased project that will serve both the Portland metropolitan region and Clark County, Washington, then prior to the issuance by Tri-Met of any general obligation bonds to fund its share of the line extending Tri-Met’s regional light rail system n…
In addition to the authority to issue general obligation bonds, after a vote of the people, a district may issue and sell revenue bonds and pledge as security therefor all or any part of the unobligated net revenue of the district. Revenue bonds shall be issued in the same manner and form as are general obligation bonds of the district but they shall not be …
Refunding bonds of the same character and tenor as those replaced thereby may be issued pursuant to a resolution adopted by the district board without submitting to the electors the question of authorizing the issuance of the bonds.
All general obligation and revenue bonds, including refunding bonds, issued under ORS 267.330 to 267.345 shall be issued as prescribed in ORS chapter 287A.
To carry out any of the powers granted by ORS 267.010 to 267.394, a district may by ordinance raise revenue by licensing and imposing a fee on any business, trade, occupation and profession carried on or practiced in the district. This section does not empower a district to require licenses of or impose fees on companies that are licensed by the state under …
To carry out any of the powers granted by ORS 267.010 to 267.394, a district may by ordinance impose a tax: Upon the entire taxable income of every resident of the district subject to tax under ORS chapter 316 and upon the taxable income of every nonresident that is derived from sources within the district which income is subject to tax under ORS chapter 31…
As used in ORS 267.380 and 267.385, unless the context requires otherwise: “Employer” means: A person who is in such relation to another person that the person may control the work of that other person and direct the manner in which it is to be done; An officer or employee of a corporation, or a member or employee of a partnership, who as such officer, em…
To carry out the powers granted by ORS 267.010 to 267.394, a district may by ordinance impose an excise tax on every employer equal to not more than eight-tenths of one percent of the wages paid with respect to the employment of individuals. For the same purposes, a district may by ordinance impose a tax on each individual equal to not more than eight-tenths…
Notwithstanding ORS 267.385 (1) and subject to ORS 267.260 (3) and (6), an increase in any tax imposed on wages or on net earnings from self-employment that is authorized by a mass transit district under ORS 267.385 (1) on or after January 1, 2010, must be phased in over a 10-year period. The district shall by ordinance set forth the increments by which the …
The district may: Accept, without limitation by any other provision of ORS 267.010 to 267.394 requiring approval of indebtedness, any contributions or loans from the United States for the purpose of carrying out any provision of ORS 267.010 to 267.394; and Do anything that the board considers necessary in order to avail itself of aid, assistance or coopera…
Notwithstanding any provision of ORS chapter 294 or ORS 295.001 to 295.108, funds held in trust by TriMet, as defined in ORS 197A.500, for the purpose of paying post-employment benefits other than pensions, and any funds necessary to pay the reasonable expenses of administering the trust, are not surplus funds for purposes of ORS 294.004 and may be invested …
A district may borrow moneys by issuing notes, warrants or other obligations: In anticipation of taxes or other revenues, including but not limited to grants awarded by the state or federal government; or To refund obligations authorized under this section. To secure obligations authorized under this section a district may: Pledge as primary security for…
ORS 267.300, 267.380 and 267.410 to 267.430 apply only to a mass transit district situated in a metropolitan statistical area with a population exceeding 400,000.
Any ordinance imposing an employer payroll tax on an entity described in ORS 267.380 (1)(a)(C) shall be adopted not less than six months prior to the beginning of the fiscal year of the mass transit district within which the employer payroll tax becomes effective. Any ordinance imposing an employer payroll tax on an entity described in ORS 267.380 (1)(a)(C)…
ORS 267.300, 267.380, 267.410 to 267.430 do not apply to entities described in ORS 267.380 (1)(a)(C) that made, and that continue to make, payments under the provisions of ORS 291.405 and 291.407 equivalent to the rate in effect on January 1, 1989. If a mass transit district or transportation district does not collect a tax under ORS 267.300 (1)(g) or 267.61…
The TriMet Crash Advisory Committee is established. The committee consists of seven members appointed by TriMet’s general manager. When selecting committee members, the general manager shall seek members with a wide variety of backgrounds, including expertise or experience in transportation safety. Members must include: One member who is an expert in transp…
As used in ORS 267.510 to 267.650: “District” means a transportation district established under ORS 267.510 to 267.650. “System” means the equipment, facilities and other property constructed, erected or acquired by the district and to be used in the transport of passengers.
ORS chapter 255 governs the following: The nomination and election of board members. The conduct of district elections. The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 to 255.205.
To the maximum extent possible, motor vehicles subject to the control of a transportation district established under ORS 267.510 to 267.650 having a city within the district with a population exceeding 30,000 shall use alternative fuel for operation. To the extent that it is economically and technologically possible, all motor vehicles purchased or leased b…
In addition to initiatory action authorized by ORS 198.705 to 198.955, proceedings to establish a district may be initiated by a resolution adopted by the governing body of the most populous city in the proposed district and filed with the county governing body, petitioning that body to call the election; or The petition or resolution initiating formation s…
If a district is to impose operating taxes, a permanent rate limit on operating taxes within the meaning of section 11 (3), Article XI of the Oregon Constitution, shall be established for a district at the same election at which the district is established. If the petition or resolution for initiating proceedings to establish the district contains a proposed…
The governing body of a district shall consist of seven members elected from the district at large for four-year terms. Vacancies shall be filled by the governing body under ORS 198.320. The chairperson of the county governing body that calls the election on establishing the district shall convene the first meeting of the district governing body and shall s…
A transportation district has full power to carry out the objectives of its formation and to that end may have and use a seal, have perpetual succession, sue and be sued in its own name, and enter into contracts. Except as ORS 267.510 to 267.650 provide to the contrary, the powers of the district shall be vested in the governing body of the district. A tra…
A transportation district may provide public transportation and terminal facilities for public transportation including local aspects thereof transferred to the district by one or more other public bodies as defined in ORS 174.109, through agreements in accordance with ORS 267.510 to 267.650.
For purposes of public transportation, a district may: Contract with the United States or with any county, city or state, or any of their departments or agencies, for the construction, preservation, improvement, operation or maintenance of any system. Build, construct, purchase, improve, operate and maintain, subject to other applicable provisions of law, …
A district shall, within a reasonable time after formation, prepare a broad, general plan for a public transit system for the district. The plan shall be prepared in cooperation with the Department of Transportation and cities and counties located within and adjacent to the district. The plan shall show existing and proposed transit systems of the district …
The governing body of a district may employ whatever administrative, clerical, technical and other assistance is necessary for the proper functioning of the district, on whatever terms the governing body considers in the best interests of the district.
A district may contract with any public or private agency for the agency to operate any facility or perform any function that the district is authorized to operate or perform. By contract the district may assume any function of any public corporation, city or county in the district that the district has power to assume under ORS 267.510 to 267.650.
The rights of a transportation district to lands owned by the district are not extinguished by adverse possession. A person may not acquire title or property rights to lands owned by the district through operation of a statute of limitations. Note: 267.612 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 26…
For the purpose of performing any of the powers conferred by ORS 267.510 to 267.650, a transportation district may use any of the following methods of financing: Service charges and user fees collected under ORS 267.570 (1)(d). Levy ad valorem taxes under ORS 267.620. Use of a revolving fund as authorized for mass transit districts under ORS 267.310. Sal…
A district may levy annually an ad valorem tax on all taxable property within its boundaries not to exceed in any one year one-half percent (0.005) of the real market value of all taxable property within the boundaries of such district, computed in accordance with ORS 308.207. The district may also annually assess, levy and collect a special tax upon all suc…
For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225.
For the purpose of performing any service that the district has power to perform, the district, when authorized at any properly called election held for such purpose, shall have the power to borrow money by the issuance and sale of general obligation bonds. Such bonds shall never exceed in the aggregate 10 percent of the real market value of all taxable prop…
Refunding bonds of the same character and tenor as those replaced thereby may be issued pursuant to a resolution adopted by the district governing body without submitting to the electors the question of authorizing the issuance of the bonds.
Elections for the purpose of voting on the question of borrowing funds by issuance and sale of general obligation bonds or revenue bonds shall be called by the governing body. PENALTIES
Any person violating a police ordinance of a mass transit district commits a Class A misdemeanor. _______________