2017 ORS 190.083¹
County agreements for transportation facilities

(1) Before a county enters into an intergovernmental agreement creating an intergovernmental entity to operate, maintain, repair and modernize transportation facilities, the county shall obtain approval of the terms and conditions of the agreement from the governing bodies of a majority of the cities within the county.

(2) Subject to the provisions of this section, an intergovernmental entity created to operate, maintain, repair and modernize transportation facilities may issue general obligation bonds and assess, levy and collect taxes in support of the purposes of the entity.

(3)(a) To carry out the purposes of an intergovernmental agreement under this section, and when authorized at an election described in paragraph (b) of this subsection, an intergovernmental entity created to operate, maintain, repair and modernize transportation facilities may borrow moneys and sell and dispose of general obligation bonds. Approval requires an affirmative vote of a majority of the electors within the intergovernmental entity voting in the election.

(b) If the bonds are not subject to the limitations under Article XI, section 11 or 11b, of the Oregon Constitution:

(A) The proposition submitted to the electors shall provide that the intergovernmental entity shall assess, levy and collect taxes each year on the assessed value of all taxable property within the intergovernmental entity for the purposes of paying the principal and interest on the general obligation bonds;

(B) The election must comply with the voter participation requirements of Article XI, section 11 (8), of the Oregon Constitution; and

(C) Outstanding bonds may never exceed in the aggregate two percent of the real market value of all taxable property within the entity.

(4) The governing body of an intergovernmental entity created to operate, maintain, repair and modernize transportation facilities shall issue the bonds from time to time as authorized by the electors of the entity. The governing body shall issue the bonds according to the applicable provisions of ORS chapter 287A.

(5) The electors of an intergovernmental entity created to operate, maintain, repair and modernize transportation facilities may establish a permanent rate limit for ad valorem property taxes for the entity pursuant to Article XI, section 11 (3)(c), of the Oregon Constitution.

(6) An intergovernmental entity created to operate, maintain, repair and modernize transportation facilities may exercise the powers necessary to carry out the purposes of the intergovernmental agreement, including but not limited to the authority to enter into agreements and to expend tax proceeds and other revenues the entity receives.

(7) An intergovernmental entity created to operate, maintain, repair and modernize transportation facilities is not a district as defined in ORS 198.010 (“District” defined for chapter) and is not subject to the provisions of ORS chapter 451.

(8) An intergovernmental entity described in this section is subject to ORS 294.305 (Sections constituting Local Budget Law) to 294.565 (Failure to file copy of required budget, reports or other documents) for each fiscal year or budget period in which the entity proposes to impose or imposes ad valorem property taxes.

(9) An intergovernmental entity that qualifies as a designated recipient of funding for transit operations from the Federal Transit Administration may utilize the procedures established under ORS 190.088 (Alternative intergovernmental entity for transportation) in addition to this section. [2001 c.840 §2; 2003 c.14 §88; 2003 c.235 §3; 2007 c.783 §72; 2017 c.425 §1]

Atty. Gen. Opinions

Authority of city to grant balance of its special port fund to newly formed port district, (1979) Vol 39, p 757

Chapter 190

Atty. Gen. Opinions

Authority of Motor Vehicles Division to enter into agree­ment to administer “license” tax by mass transit district, (1974) Vol 37, p 229; authority of Oregon Coastal Zone Manage­ment Associa­tion to file suit on behalf of member counties to challenge validity of state law, (1977) Vol 38, p 792

1 Legislative Counsel Committee, CHAPTER 190—Cooperation of Governmental Units; State Census; Arbitration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors190.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 190, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano190.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.