Oregon Revised Statutes

Chapter 391 — Mass Transportation

54 sections

391.090 Legislative findings; use of lottery moneys for light rail project; policy and intent

The Legislative Assembly finds that: 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 Oregon do and will accomplish the purpose of creating jobs and furthering economic development in Oregon by, among other advantages: Providin…

391.100 [1979 c.586 §1; 1981 c.262 §1; repealed by 2012 c.107 §100]

391.110 Legislative findings

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. The Legislative Assembly also finds that an efficient surface transportation system in our metropolitan areas must balance highways and arteri…

391.120 Regional Light Rail Extension Construction Fund; purpose; requirements for expenditures from fund; reversion of unobligated balance

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…

391.125 Regional Light Rail Extension Bond Account; purpose

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 Regio…

391.130 Allocation of lottery moneys to Regional Light Rail Extension Construction Fund; authorized expenditures; end of allocations upon certification by Director of Transportation

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 f…

391.140 Revenue bonds for specified light rail project; amount; purpose; issuance by State Treasurer; pledge of revenues

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: The principal sum of $115 million; The costs incurred in connection with the issuance of the bonds and other administrative expenses of the State Treasurer in connectio…

391.150 Joint management of specified light rail project; contracting procedures

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 t…

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]

COLUMBIA RIVER LIGHT RAIL TRANSIT COMPACT

391.301 Ratification of compact

The Legislative Assembly of the State of Oregon hereby adopts and ratifies the Columbia River Light Rail Transit Compact set forth in ORS 391.306, and the provisions of the compact are hereby declared to be the law of this state upon such compact becoming effective as provided in Article XXII of the compact.

391.305 [1995 s.s. c.3 §33; repealed by 1996 c.13 §4]

391.306 Columbia River Light Rail Transit Compact

The provisions of the Columbia River Light Rail Transit Compact are as follows: ______________________________________________________________________________ ARTICLE I Columbia River Light Rail Transit Authority Established The States of Oregon and Washington establish by way of this interstate compact an independent, separate regional authority, which…

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 Oregon and Washington

A mass transit district established under ORS 267.010 to 267.394, when operating 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, retains all the rights, powers, privileges and immunities conferred upon the district by ORS 267.010 to 26…

391.500 Declaration of policy; construction of statutes

The Legislative Assembly of the State of Oregon finds and declares that: It is in the public interest to provide methods of financing the costs of mass transit facilities; and 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. The purpose of ORS 267.227 and 391.500 to 391.660 is to…

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: “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. “Authority” means the Oregon Mass Transpo…

391.520 Financing authority created; membership

The Oregon Mass Transportation Financing Authority is hereby created as a public instrumentality of the State of Oregon and the exercise by the authority of the powers conferred by ORS 267.227 and 391.500 to 391.660 is the performance of an essential public function. The authority shall consist of the chairperson of the Oregon Transportation Commission, the …

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 …

391.540 Bylaws; secretary’s 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…

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: To have perpetual succession as a public instrumentality of the State of Oregon; To sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the…

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 ade…

391.570 Bonds; form; conditions; issuance; refunding

Bonds may be issued as serial bonds or as term bonds or a combination of both types. The board may provide that such bonds: 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 interes…

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 t…

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. Eac…

391.600 Tax exempt status of income, property and bond interest

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…

391.605 Limitations on transfer to metropolitan service district

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 bod…

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 …

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 be…

391.630 Investments of surplus moneys

The Oregon Mass Transportation Financing Authority may invest any surplus moneys in investments permitted by ORS 294.035.

391.640 Investment in authority’s 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 bel…

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 …

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.”

391.800 [1985 c.816 §9; 1987 c.62 §1; 1989 c.224 §66; 2003 c.601 §2; 2003 c.751 §3; repealed by 2020 s.s.1 c.15 §1]

391.802 [2003 c.751 §2; repealed by 2020 s.s.1 c.15 §1]

391.810 [1985 c.816 §10; 1989 c.224 §67; 1989 c.866 §8; 2003 c.613 §1a; 2003 c.751 §4; repealed by 2020 s.s.1 c.15 §1]

391.815 [1989 c.866 §10; 2003 c.751 §5; 2007 c.70 §154; repealed by 2020 s.s.1 c.15 §1]

391.820 [1985 c.816 §11; 1987 c.532 §1; 1989 c.224 §68; 2003 c.751 §6; 2007 c.70 §155; repealed by 2020 s.s.1 c.15 §1]

391.830 [1985 c.816 §12; 1989 c.224 §69; 1989 c.866 §11; 2003 c.613 §2; 2003 c.751 §7; 2007 c.70 §156; repealed by 2020 s.s.1 c.15 §1]

CHAPTERS 392 TO 395 [Reserved for expansion] _______________