ORS Chapter 838 - Oregon Statutes

Chapter 838 — AirportDistricts

 

2009 EDITION

 

 

AIRPORTDISTRICTS

 

AVIATION

 

838.005     Definitions

 

838.010     Establishingdistrict; election; tax rate limit; prerequisite for inclusion of county;prerequisite for inclusion of airport owned by city

 

838.015     Establishingtax rate limit

 

838.020     Governingbody of district; first terms and meeting

 

838.025     Electionlaws apply

 

838.030     Officersof board; vacancies; rules of procedure

 

838.035     District

 

838.040     Powersof district

 

838.045     Regulations

 

838.050     Employees

 

838.055     Contractingto carry out functions

 

838.060     Advalorem taxation; special tax; collection

 

838.065     Generalobligation bonds; amount; maturity; revenue bonds; issuance

 

838.070     Generalobligation bond election

 

838.075     Refundingbonds

 

      838.005Definitions.As used in this chapter, unless the context requires otherwise:

      (1)“District” means an airport district established under this chapter.

      (2)“District board” means the governing body of the district. [Formerly 494.010]

 

      838.010Establishing district; election; tax rate limit; prerequisite for inclusion ofcounty; prerequisite for inclusion of airport owned by city. (1) In additionto initiatory action authorized by ORS 198.705 to 198.955, proceedings toestablish a district may be initiated by:

      (a)A resolution adopted by the governing body of the most populous county in theproposed district and filed with the governing body of the principal county inthe proposed district, petitioning that body to call the election; or

      (b)A resolution adopted by the governing body of any city owning an airport withinthe proposed district and filed with the governing body of the principal countyin the proposed district, petitioning that body to call an election.

      (2)The petition or resolution initiating formation may request that the electionto establish the district be held at the same time as an election to establisha permanent rate limit on operating taxes within the meaning of section 11(3)(c), Article XI of the Oregon Constitution. If the petition or resolutiondoes so, the election shall be held at that time and shall also request thatthe proposition to be voted on include a proposed permanent rate limit foroperating taxes for the district within the meaning of section 11 (3), ArticleXI of the Oregon Constitution. If the petition or resolution does so, theproposition to be voted on at the election shall include a proposed permanentrate limit for the district, in accordance with the petition or resolution.

      (3)After initiatory action has been taken pursuant to this section, airportdistrict formation shall be conducted and completed as provided by ORS 198.705to 198.955 except that where areas from more than one county are proposed to beincluded in the district, the election for district board members may be heldat a date later than the election for formation, if successful. The laterelection for board members may also propose establishment of a districtpermanent rate limit for operating taxes.

      (4)No county or portion thereof shall be included within a district unless amajority of the electors in the county approve the inclusion of such county orportion thereof within the district.

      (5)No district shall include an airport owned by a city unless the governing bodyof such city has adopted a resolution approving the inclusion of the airportwithin such district or a majority of the electors within the city voting onthe proposal approve the inclusion of the airport. [Formerly 494.020; 1997c.541 §387]

 

      838.015Establishing tax rate limit. A permanent rate limit for operatingtaxes within the meaning of section 11 (3), Article XI of the OregonConstitution, may be established for a district at the same election at whichthe district is established or at the first election of district board members,where that election is held after district establishment. If the petition orresolution for initiating proceedings to establish the district contains bothrequests authorized by ORS 838.010 (2), the county governing body that callsthe election shall confer about the proposed permanent rate limit with thegoverning bodies of all counties and cities having territory in the proposeddistrict and shall then determine the rate limit to be proposed for thedistrict. The proposition submitted to the electors of the district for thepurpose of establishing the district shall propose the rate limit specified bythe county governing body. The rate limit so proposed shall be the initialpermanent rate limit for operating taxes of the district within the meaning ofsection 11 (3), Article XI of the Oregon Constitution, if the district isestablished at the election. [Formerly 494.030; 1997 c.541 §388; 1999 c.21 §79]

 

      838.020Governing body of district; first terms and meeting. (1) Thegoverning body of a district shall be a district board consisting of five orseven members elected from the district at large. Except as provided insubsection (2) of this section, the term of district board member is fouryears. Candidates for the first district board shall be nominated as providedin ORS 255.235 and elected as provided in ORS 198.705 to 198.955 and 838.010.

      (2)Not later than the 40th day after the first board members are elected, thedistrict board members shall meet and organize as a board, first making and subscribingto an oath of office. Notwithstanding the term of office specified insubsection (1) of this section, the term of each board member shall bedetermined by lot at the first meeting of the board as follows:

      (a)Of the members first elected to a seven-member board:

      (A)The terms of four members shall expire June 30 next following the first regulardistrict election; and

      (B)The terms of three members shall expire June 30 next following the secondregular district election.

      (b)Of the members first elected to a five-member board:

      (A)The terms of three members shall expire June 30 next following the firstregular district election; and

      (B)The terms of two members shall expire June 30 next following the second regulardistrict election.

      (3)The chairperson of the county governing body that calls the election onestablishing the district shall convene the first meeting of the district boardand shall serve as chairperson of the first meeting until the members choose apermanent chairperson. [Formerly 494.040]

 

      838.025Election laws apply.(1) ORS chapter 255 governs the following:

      (a)The nomination and election of district board members.

      (b)The conduct of district elections.

      (2)The electors of a district may exercise the powers of the initiative andreferendum regarding a district measure, in accordance with ORS 255.135 to255.205. [Formerly 494.043]

 

      838.030Officers of board; vacancies; rules of procedure. (1) At itsfirst meeting after July 1 each year the district board shall choose a chairpersonfor the ensuing year. The chairperson shall be the presiding officer of theboard and have whatever additional functions the board prescribes.

      (2)Vacancies shall be filled as provided in ORS 198.320.

      (3)The district board may adopt and enforce rules of procedure governing itsproceedings. [Formerly 494.046]

 

      838.035District.(1) An airport district has full power to carry out the objectives of itsformation and to that end may have and use a seal, have perpetual succession,sue and be sued in its own name, and enter into contracts.

      (2)Except as this chapter provides to the contrary, the powers of the districtshall be vested in the district board of the district.

      (3)An airport district formed under this chapter shall be considered a districtfor all purposes in ORS chapter 198. [Formerly 494.050; 2003 c.802 §158]

 

      838.040Powers of district.A district may establish, construct, expand or lease, control, equip, improve,maintain, operate, police and regulate airports and air navigation facilities,and to this end may exercise all the functions and powers provided in ORS836.200 to 836.250 and may acquire by lease, purchase, gift, devise,condemnation proceedings or otherwise such real and personal property andrights of way, either within or without the limits of the district as, in thejudgment of the board, are necessary or proper. [Formerly 494.060]

 

      838.045Regulations.The district board in accordance with ORS 198.510 to 198.600 may by ordinancemake, modify or abolish regulations as convenient or necessary to provide forpolicing or regulating the use of airports, and any facilities located at or inconjunction with airports, owned, operated, leased, maintained or controlled bythe district. [Formerly 494.070]

 

      838.050Employees.The district board may employ whatever administrative, clerical, technical andother assistance is necessary for the proper functioning of the district, onwhatever terms the board considers in the best interests of the district. [Formerly494.080]

 

      838.055Contracting to carry out functions. A district may contract with any publicor private agency for the agency to operate any facility or perform anyfunction that the district is authorized to operate or perform. By contract thedistrict may assume any function of any public corporation, city or county inthe district that the district has power to assume under this chapter. [Formerly494.090]

 

      838.060Ad valorem taxation; special tax; collection. (1) A district may levy annuallyan ad valorem tax on all taxable property within its boundaries not to exceedin any one year one-half percent (0.005) of the real market value of alltaxable property within the boundaries of the district, computed in accordancewith ORS 308.207. The district may also annually assess, levy and collect aspecial tax upon all such property in an amount sufficient to pay the yearlyinterest on bonds previously issued by the district and then outstanding,together with any portion of the principal of such bonds maturing within theyear. The special tax shall be applied only in payment of the interest andprincipal of bonds issued by the corporation, but the corporation may apply anyfunds it may have towards the payment of principal and interest of any suchbonds.

      (2)Such taxes shall be levied in each year and returned to the county officerwhose duty it is to extend the tax levy as provided in ORS 310.060. All taxeslevied by the district shall become payable at the same time and be collectedby the same officer who collects county taxes and shall be turned over to thedistrict according to law. The county officer whose duty it is to extend thecounty levy shall extend the levy of the district in the same manner as citytaxes are extended. Property shall be subject to sale for nonpayment of taxeslevied by the corporation in like manner and with like effect as in the case ofcounty and state taxes.

      (3)In taxation a district may classify property on the basis of services receivedfrom the district and prescribe different tax rates for the different classesof property. [Formerly 494.110; 1991 c.459 §444]

 

      838.065General obligation bonds; amount; maturity; revenue bonds; issuance. (1) For thepurpose of performing any service that the district has power to perform, thedistrict, when authorized at any properly called election held for suchpurpose, shall have the power to borrow money by the issuance and sale ofgeneral obligation bonds. Such bonds shall never exceed in the aggregate 10percent of the real market value of all taxable property within the districtcomputed in accordance with ORS 308.207. The bonds shall be so conditioned thatthe district shall promise and agree therein to pay the bearer at a place namedtherein payable semiannually in accordance with the tenor and terms of theinterest coupons attached. The bonds shall mature serially not to exceed 30years from the date of issue.

      (2)For the purpose of performing any of the powers conferred by this chapter adistrict, without the necessity of an election held for such purpose, shallhave the power to borrow money by the issuance and sale also of revenue bondsand to pledge as security therefor, all or any part of the unobligated netincome or revenue of the district. The revenue bonds shall be payable both asto principal and interest from revenues only. The revenue bonds shall not besubject to the percentage limitation applicable to general obligation bonds andshall not be a lien on any of the taxable property within the limits of thedistrict and shall be payable solely from such part of revenues of the districtas remains after the payment of obligations having a priority and of allexpenses of operation and maintenance of the district. All revenue bonds shallcontain a provision that both the principal and interest are payable solelyfrom the operating revenues of the district remaining after paying suchobligations and expenses.

      (3)All general obligation bonds and revenue bonds shall be issued as prescribed inORS chapter 287A. [Formerly 494.120; 1991 c.459 §445; 2007 c.783 §232]

 

      838.070General obligation bond election. Elections for the purpose of voting onthe question of borrowing funds by issuance and sale of general obligationbonds shall be called by the district board. [Formerly 494.130]

 

      838.075Refunding bonds.Refunding bonds of the same character and tenor as those replaced thereby maybe issued pursuant to a resolution adopted by the district board withoutsubmitting to the electors the question of authorizing the issuance of thebonds. [Formerly 494.140]

 

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TITLES 63 etseq.

 

CHAPTERS 839 etseq.

 

[Reserved forexpansion]