Chapter 267 — Chapter 267
101 sections in this chapter.
ORS 267.001 Authority of certain mass transit and transportation districts to impose vehicle registration fees. 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. [1989 c.864 §11; 2009 c.865 §40b]
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MASS TRANSIT DISTRICTS (Generally)
ORS 267.010 Definitions for ORS 267.010 to 267.394. As used in ORS 267.010 to 267.394, unless the context requires otherwise
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(1) “District” means a mass transit district established under ORS 267.010 to 267.394. (2) “District board” or “board” means the board of directors of a district. (3) “Mass transit system” or “transit system” means the property, equipment and improvements of whatever nature owned…
ORS 267.020 Transfer of transit system to metropolitan service district; effect of transfer order. When a metropolitan service district organized under ORS chapter 268 functions in a mass transit district organized under ORS 267.010 to 267.394, 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
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(1) The governing body of the transit district shall transfer title to, and possession of, the transit system and of all books, records, files, documents, and other property of the transit district to the metropolitan district. (2) The metropolitan district shall be responsible f…
ORS 267.030 Use of alternative fuels for certain district vehicles; exceptions; annual report; application to all district vehicles. (1) To the maximum extent possible, motor vehicles subject to the control of a district shall use alternative fuel for operation
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(2) To the extent that it is economically and technologically possible, all motor vehicles purchased or leased by the board of the district shall be capable of using alternative fuel. However, this subsection does not apply if the vehicle will be primarily used in an area that do…
ORS 267.080 Creation of district; district jurisdiction. 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 every Oregon county in that metropolitan statistical area. [Formerly 267.100; 2009 c.11 §27]
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(Formation – Procedure Used in Portland and Eugene)
ORS 267.085 Resolution to form district; content; filing. (1) In addition to and not in lieu of other actions authorized for the initiation of proceedings to form a mass transit district, the governing body of the most populous city in a metropolitan statistical area may by resolution propose formation of a mass transit district, if that city has a local transit system and if the governing body finds that area-wide mass transit needs cannot be met by local transit operation. The resolution of the governing body shall be addressed to and filed with the county board of the principal county and proceedings conducted as provided by ORS 198.705 to 198.955
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(2) A certified copy of the order forming a mass transit district shall be filed with the Governor. [Formerly 267.105; 2009 c.11 §28]
ORS 267.090 Directors; appointment; term; vacancies; Governor to fix time of first meeting. (1) Board members of a mass transit district may not be elected at the time of formation, but if a district is formed, the Governor shall, within 60 days after receiving a certified copy of the formation order, appoint from subdistricts the members of the first board of directors of the district, designate one member as the temporary chairperson and fix the time and place of the organizational meeting
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(2) The board of directors of a mass transit district shall consist of seven members. One director shall be appointed from each of seven subdistricts. The Governor shall appoint as one of the directors a person who regularly uses the services provided by a mass transit system. Di…
ORS 267.095 Terms of directors first appointed. (1) Notwithstanding ORS 267.090, the terms of three of the directors of the first board of a district expire on the first Tuesday in the second January after the date of their appointment
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(2) The terms of four of the directors so appointed expire on the first Tuesday in the fourth January after the date of their appointment. (3) The respective terms of the directors of the first board shall be determined by the Governor. [Formerly 267.115; 2018 c.4 §6]
ORS 267.097 Governor to solicit recommendations for director in metropolitan statistical area with population over 400,000. 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. [1985 c.678 §2; 2009 c.11 §29]
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[Repealed or reserved.]
ORS 267.100 [1969 c.643 §2; 1977 c.347 §3; 1979 c.877 §3; renumbered 267.080]
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[Repealed or reserved.]
ORS 267.105 [1969 c.643 §3; 1971 c.727 §95; renumbered 267.085]
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(Formation :B1EM. Procedure Used in Salem)
ORS 267.107 Resolution to create certain districts; contents; election; filing. Notwithstanding ORS 267.085
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(1) 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. (2) The resolution of the gove…
ORS 267.108 Appointment of directors. (1) 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
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(2) 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. [1979 c.585 §5; 1985 c.678 §4; 2005 c.747 §5; 2018 c.4 §2]
ORS 267.109 [1977 c.347 §5; repealed by 2018 c.4 §4]
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[Repealed or reserved.]
ORS 267.110 [1969 c.643 §4; 1971 c.727 §96; 1975 c.142 §1; 1975 c.632 §3; 1977 c.728 §1; 1981 c.496 §1; renumbered 267.090]
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[Repealed or reserved.]
ORS 267.112 [1975 c.632 §2; 1977 c.347 §4; 1977 c.728 §2a; 1979 c.585 §2; 1985 c.678 §5; repealed by 2018 c.4 §4]
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[Repealed or reserved.]
ORS 267.114 Minimum area of district. The territorial boundaries of a mass transit district whose formation was initiated under ORS 267.107 shall include, as a minimum area, all of the territory within the urban growth boundary, as the urban growth boundary may exist from time to time, of the city that proposed creation of the mass transit district. [1999 c.454 §2]
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[Repealed or reserved.]
ORS 267.115 [1969 c.643 §5; 1975 c.632 §4; renumbered 267.095]
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(Board; Ordinances)
ORS 267.120 Officers of board; terms; oath. (1) The board shall choose from among its members, by majority vote of the members, a president, vice president, treasurer and secretary, to serve for terms of two years
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(2) Each director, before entering upon the duties of office, shall take and subscribe to an oath that the director will honestly, faithfully and impartially perform duties as a director and disclose any conflict of interest the director may have in any matter to be acted upon by…
ORS 267.125 Meetings of board; quorum. The district board shall hold regular monthly meetings at a time and place fixed by the rules of the board. Special meetings may be held when called by the president of the board or when called by a majority of the members. However, five days’ notice of a special meeting shall be given by the secretary to each member not joining in the call. A majority of the members constitutes a quorum for the transaction of business. [1969 c.643 §7]
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[Repealed or reserved.]
ORS 267.130 Additional compensation prohibited. No officer or employee of the district shall offer, solicit or accept money or any other thing of value as a consideration, in addition to the salary paid the officer or employee by the district, for services performed within the scope of the official duties of the officer or employee. [1969 c.643 §13; 1971 c.23 §8]
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[Repealed or reserved.]
ORS 267.135 General manager; qualifications; term; removal. (1) The board shall appoint a general manager on the basis of the qualifications of the general manager with special reference to the actual experience in or knowledge of accepted practices in respect to the duties of the office of the general manager. A general manager shall hold office for an indefinite term and may be removed by the board only by an affirmative vote of a majority of the members
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(2) Before a general manager is removed, the general manager shall upon demand be given a written statement of the reasons for removal. If requested, the general manager shall be given an open hearing at a meeting of the board before the final vote for removal. However, the board…
ORS 267.140 Duties of general manager. A general manager of a district shall
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(1) Have full charge of the acquisition, construction, maintenance and operation of the transit system of the district. (2) Have full charge of the administration of the business affairs of the district. (3) Enforce all ordinances adopted by the board. (4) Administer the personne…
ORS 267.145 General manager’s attendance at board meetings; pro tempore manager. (1) The general manager shall attend the meetings of the board and may participate in its deliberations, but has no vote
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(2) The board may appoint a general manager pro tempore during the absence or disability of the general manager. [1969 c.643 §16]
ORS 267.150 Ordinances; regulating use of facilities; public hearings; route, schedule changes. (1) The legislative authority of a district board shall be exercised by ordinance
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(2) The board may enact police ordinances relating to the protection, use and enjoyment of district property and facilities. A district may appoint peace officers who shall have the same authority as other peace officers, except that such authority shall be limited to the enforce…
ORS 267.153 Administrative process for adjudicating ordinance violations; penalties. (1) A mass transit district may, by ordinance, establish an administrative process to adjudicate ordinance violations as described in this section
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(2)(a) 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. (b) The ordinance establishing the administrative proces…
ORS 267.154 Collection of data relating to administrative process for adjudicating ordinance violations; reports. (1) 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
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(a) The type of violation and the approximate location of the violation; (b) The resolution of the administrative process, including the amount of fine assessed, if any, the amount and type of community service required, if any, and whether the citation was successfully resolved …
ORS 267.155 [1969 c.643 §19; repealed by 1971 c.268 §24]
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[Repealed or reserved.]
ORS 267.160 [1969 c.643 §36; repealed by 1971 c.268 §24]
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[Repealed or reserved.]
ORS 267.165 [1969 c.643 §18(2), (3); repealed by 1971 c.268 §24]
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[Repealed or reserved.]
ORS 267.170 Initiative and referendum. (1) The electors of a district may exercise the powers of the initiative and referendum with reference to legislation of the district, in accordance with ORS 255.135 to 255.205
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(2) A district board on its own resolution may call an election for the purpose of referring an ordinance to the electors of a district for their approval before the ordinance takes effect. [1969 c.643 §39; 1977 c.728 §3; 1979 c.190 §411; 1981 c.173 §39; 1983 c.350 §124] (Powers)…
ORS 267.200 Existence, status and general powers of districts. A mass transit district shall constitute a municipal corporation of this state, and a public body, corporate and politic, exercising public power. It shall be considered a unit of local government for the purposes of ORS 190.003 to 190.130, a public employer for the purposes of ORS 236.610 to 236.640, and a political subdivision for the purposes of ORS 305.620. A district and its contractors engaged in operating motor vehicles to provide mass transportation on behalf of the district shall be entitled to tax refunds as allowed under ORS 319.831 to incorporated cities. It shall have full power to carry out the objects of its formation and to that end may
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(1) Have and use a seal, have perpetual succession, and sue and be sued in its own name. (2) Acquire by condemnation, purchase, lease, devise, gift or voluntary grant real and personal property or any interest therein, located inside the boundaries of the district and take, hold,…
ORS 267.203 Authority to enter into transaction for electricity or diesel fuel. (1) A mass transit district may enter into transactions with persons or entities for the supply or delivery of electricity or diesel fuel on an economic, dependable and cost-effective basis, including transactions involving financial products contracts and agreements for exchange of fixed and variable pricing agreements and other service contracts that reduce the risk of economic losses in transactions for the supply or delivery of electricity or diesel fuel
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(2) Notwithstanding subsection (1) of this section, a mass transit district may not enter into a transaction for the supply or delivery of electricity or diesel fuel that: (a) Constitutes the investment of surplus funds for the purpose of receiving interest or other earnings from…
ORS 267.205 Classification and designation of service areas; determination of area financing. (1) A district board may by ordinance classify and designate as a service area the territory within the district that is benefited by the mass transit system beyond the general benefit to all territory within the district. The board may by ordinance amend the boundaries of the service area to conform to changes in the mass transit system service
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(2) Subject to restrictions in the Oregon Constitution, any of the methods of financing authorized under ORS 267.300 may, in the discretion of the board, be imposed in the service area rather than in the entire district. [1969 c.643 §24]
ORS 267.207 Change of district boundaries; elector approval; withdrawal of service from area; territorial jurisdiction of district; boundary commission exemption. (1) The board of directors of a mass transit district may alter the territorial boundaries of the district by a nonemergency ordinance adopted at any regular meeting
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(2) If an ordinance annexing territory to a district is initiated or referred by, or referred to, the electors of the district, it shall not take effect unless approved by a majority of the electors registered in the territory proposed to be annexed to the district voting on the …
ORS 267.208 Effective date of change of boundaries; filing boundary change with county assessor and Department of Revenue. (1) 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
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(a) Beginning after the 90th day before a primary election or general election and ending on the day after the election; or (b) Beginning after the deadline for filing the notice of election before any other election held by the district and ending on the day after the election. …
ORS 267.210 Preparation of general plan for mass transit system; content; revision. (1) 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
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(2) The plan shall show existing and proposed transit systems of the district and of other public and private agencies relating to mass transit. It shall demonstrate a basis for the coordination and planning of future construction, improvement and equipment acquisition of the dis…
ORS 267.215 [1969 c.643 §§9,21; repealed by 1975 c.771 §33]
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[Repealed or reserved.]
ORS 267.218 Feasibility reports and public bidding not required for construction and improvement projects costing less than $50,000. 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 estimates and bids as it may deem necessary. [1975 c.141 §2]
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[Repealed or reserved.]
ORS 267.220 [1969 c.643 §22; repealed by 1975 c.771 §33]
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[Repealed or reserved.]
ORS 267.225 Intergovernmental agreements; condemnation of authority; joint occupancy. (1) 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 right of way open to public travel located within the district
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(2) For the purpose of providing a mass transit system, a district may commence a condemnation proceeding to acquire land or an interest in land for right of way for the system over any public right of way already located, condemned or occupied or that may be located, condemned o…
ORS 267.227 Relationship with Oregon Mass Transportation Financing Authority. 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 Mass Transportation Financing Authority for all expenses incurred by the authority in connection with any application by such district for financial assistance under the Oregon Mass Transportation Financing Act. [1977 c.662 §18]
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[Repealed or reserved.]
ORS 267.230 Exemption from public utility or railroad regulation. (1) 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 the Department of Transportation
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(2) ORS 824.200 to 824.256 apply to the transit system operated by a district except for control and regulation of any crossing at which the light rail transit vehicles of a district’s transit system cross a highway at separated grades or any grade crossing at which the light rai…
ORS 267.235 Protection of employees’ rights when an operating transportation system is acquired. 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
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(1) Preservation of rights, privileges and benefits, including continuation of pension rights and payment of benefits, existing under collective bargaining agreements, or otherwise; (2) Continuation of collective bargaining rights; (3) Protection of individual employees against a…
ORS 267.237 Criminal records check; authority of district to require fingerprints; fitness determinations; rules regarding dissemination. (1) As used in this section
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(a) “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. (b) “Qualified entity” means an individual or business or organization, whether public, private, for-profit, nonprofit or volun…
ORS 267.240 Accessibility of facilities and equipment to elderly persons and persons who have disabilities. (1) 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
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(a) 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 (b) Gives due regard to parity of service. (2) In carrying out its duties under ORS 267.200 (4), the district …
ORS 267.245 District exempt from right of way fencing requirements. 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. [1977 c.420 §2]
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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 explanation.
ORS 267.247 Acquisition of district lands by adverse possession or operation of statute of limitations prohibited. 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. [2009 c.307 §1]
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Note: 267.247 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 267 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. (Withdrawal of Territory From District)
ORS 267.250 Definitions for ORS 267.250 to 267.263. As used in ORS 267.250 to 267.263
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(1) “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 in…
ORS 267.253 Petition for withdrawal from district; filing period; number of signatures; contents of petition. (1) 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 described in ORS 267.114
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(2) A petition for withdrawal under this section may be filed only during the period from January 1 to August 30 in calendar year 2001 and in every fifth calendar year thereafter. (3) A petition for withdrawal under this section shall be signed by not less than 15 percent of the …