Metropolitan Service Districts

ORS 268.330
Powers when providing local aspects of service

  • powers for public transportation
  • tax refunds


Subject to the provisions of a district charter:

(1)

A district, to provide a local aspect of a public service, may take over facilities and functions of another public corporation, city or county, and may exercise powers of the corporation, city or county, in accordance with the agreement by which the district assumes the functions of the other corporation, city or county.

(2)

For purposes of public transportation, a district may:

(a)

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 mass transit system.

(b)

Build, construct, purchase, improve, operate and maintain, subject to other applicable provisions of law, all improvements, facilities or equipment necessary or desirable for the mass transit system of the district.

(c)

Enter into contracts and employ agents, engineers, attorneys and other persons and fix their compensation.

(d)

Fix and collect charges for the use of the transit system and other district facilities.

(e)

Construct, acquire, maintain and operate passenger terminal facilities and motor vehicle parking facilities in connection with the mass transit system within or outside the district.

(f)

Use a public thoroughfare in a manner mutually agreed to by the governing bodies of the district and of the thoroughfare or, if they cannot so agree upon how the district may use the thoroughfare, in a manner determined by an arbitrator appointed by the Governor.

(g)

Do such other acts or things as may be necessary or convenient for the proper exercise of the powers granted to a district by this chapter.

(3)

A district shall be entitled to tax refunds under ORS 319.831 (Refund of tax on fuel used in operation of vehicle over certain roads or private property), as if the district were a city. [1969 c.700 §12; 1979 c.344 §3; 1983 c.740 §69; 1997 c.833 §11]
Chapter 268

Notes of Decisions

Limitation of chapter applicability to statutorily defined area within boundaries of Clackamas, Multnomah and Washington counties and preclusion of formation of additional metropolitan service districts in state, did not create corporation by special law in violation of Const. Art. XI sec 2. Reilley v. Secretary of State, 288 Or 573, 607 P2d 162 (1980)

Atty. Gen. Opinions

Authority of district to borrow waste disposal planning funds from Environmental Quality Commission, (1972) Vol 35, p 1117; Motor Vehicle Emission Control Inspection Program funding, (1974) Vol 37, p 130

Law Review Citations

51 OLR 53 (1971); 93 OLR 455 (2014)


Source

Last accessed
Jun. 26, 2021