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:
(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, possess and dispose of real and personal property
purchased or leased from, or donated by, the United States, or any state,
territory, county, city or other public body, nonprofit corporation or person
for the purpose of providing or operating a mass transit system in the district
and aiding in the objects of the district.
(3) Contract with
the United States or with any county, city, state, or public body, or any of
their departments or agencies, or a nonprofit corporation, or any person, for
the construction, acquisition, purchase, lease, preservation, improvement,
operation or maintenance of any mass transit system.
(4) Build,
construct, purchase, lease, 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.
(5) Enter into
contracts and employ agents, engineers, attorneys and other persons and fix
their compensation.
(6) Fix and
collect charges for the use of the transit system and other district
facilities.
(7) Construct,
acquire, maintain and operate and lease, rent and dispose of passenger terminal
facilities, motor vehicle parking facilities and other facilities for the
purpose of encouraging use of the mass transit system within the district.
(8) Enter into
contracts or intergovernmental agreements under ORS chapter 190 with units of
local government of the State of Oregon, whether within or without the
district, or with the State of Washington or with public agencies of the State
of Washington, to act jointly or in cooperation with them or to provide mass
transit services to areas under their jurisdictions, provided that the party
contracting to receive the services shall pay to the mass transit district not
less than the proportionate share of the cost of the services that the benefits
to the contracting party bear to the total benefits from the service.
(9) Conduct
programs and events and take other actions for the purpose of improving or
maintaining employee relations.
(10) Improve,
construct and maintain bridges over navigable streams.
(11) Do such
other acts or things as may be necessary or convenient for the proper exercise
of the powers granted to a district by ORS 267.010 to 267.394. [1969 c.643 §8;
1973 c.116 §3; 1975 c.170 §1; 1977 c.550 §1; 1979 c.344 §1; 1979 c.877 §2; 1987
c.689 §1; 2003 c.802 §92; 2007 c.531 §16]
Notes of Decisions
Nw. Nat. Gas Co. v. City of Portland, 711 P.2d 119 (Or. 1985).
· cites it 5× “” ORS 267.200. It is a mass transit district organized pursuant to ORS chapter 267 for the primary purpose of “providing a mass transit system for the people of the district.”
Lane Transit Dist. v. Lane Cnty., 957 P.2d 1217 (Or. 1998).
· cites it 3× “135(1) specifies that the transit district board has the power and is required to appoint a general manager: “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…”
Davis v. Tri-Cnty. Metro. Transp. Dist., 45 F. Supp. 3d 1222 (D. Or. 2014).
· cites it 3× “The Oregon statute relating to the creation and power of mass transit districts, although not specifically enumerating the Veteran’s Preference Statute, defined a mass transit district at all relevant times as both a “public employer” and a “political subdivision” for certain…”
Leppanen v. Lane Transit Dist., 45 P.3d 501 (Or. Ct. App. 2002).
· cites it 2× “As such, it is a public body, ORS 267.200, authorized to acquire real and personal property, ORS 267.”
Emerald PUD v. PP & L, 729 P.2d 552 (Or. 1986).
“110(1) (park and recreation districts referred to as both "districts" and "municipal corporations," respectively); ORS 267.200 and 268.300 (metropolitan service districts referred to as both "municipal corporations" and "public bod[ies] corporate and politic, exercising public…”
River Road Water Dist. v. City of Eugene, 492 P.2d 812 (Or. Ct. App. 1972).
“” ORS 267.200. ⑬ “(1) Each member of a boundary commission shall receive travel and other expenses incidental to the performance of his duties.”
Brookes v. Tri-Cnty. Metro. Transp. Dist., 526 P.2d 590 (Or. Ct. App. 1974).
· cites it 3× “ff* ****? ORS 267.200 provides: “* * * It shall have full power to carry out the objects of its formation and to that end may: ff* * * * * “(10) 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…”
Emerald People's Util. Dist. v. Pac. Power & Light Co., 729 P.2d 552 (Or. 1986).
“110(1) (park and recreation districts referred to as both “districts” and “municipal corporations,” respectively); ORS 267.200 and 268.300 (metropolitan service districts referred to as both “municipal corporations” and “public bodfies] corporate and politic, exercising public…”
— Or. Rev. Stat. § 267.200(1) — 1 case
— Or. Rev. Stat. § 267.200(11) — 1 case
Nw. Nat. Gas Co. v. City of Portland, 711 P.2d 119 (Or. 1985).
“” ORS 267.200. It is a mass transit district organized pursuant to ORS chapter 267 for the primary purpose of “providing a mass transit system for the people of the district.”
— Or. Rev. Stat. § 267.200(2) — 1 case
Leppanen v. Lane Transit Dist., 45 P.3d 501 (Or. Ct. App. 2002).
“As such, it is a public body, ORS 267.200, authorized to acquire real and personal property, ORS 267.”
— Or. Rev. Stat. § 267.200(5) — 2 cases
Lane Transit Dist. v. Lane Cnty., 957 P.2d 1217 (Or. 1998).
“135(1) specifies that the transit district board has the power and is required to appoint a general manager: “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…”
— Or. Rev. Stat. § 267.200(8) — 1 case
Nw. Nat. Gas Co. v. City of Portland, 711 P.2d 119 (Or. 1985).
“” ORS 267.200. It is a mass transit district organized pursuant to ORS chapter 267 for the primary purpose of “providing a mass transit system for the people of the district.”
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