USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 838 Airport Districts
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](1) In addition to initiatory action authorized by
ORS 198.705 to 198.955, proceedings to establish a district may be
initiated by:

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

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

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

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

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

(5) No district shall include an airport owned by a city unless the
governing body of such city has adopted a resolution approving the
inclusion of the airport within such district or a majority of the
electors within the city voting on the proposal approve the inclusion of
the airport. [Formerly 494.020; 1997 c.541 §387] A permanent rate limit for
operating taxes within the meaning of section 11 (3), Article XI of the
Oregon Constitution, may be established for a district at the same
election at which the district is established or at the first election of
district board members, where that election is held after district
establishment. If the petition or resolution for initiating proceedings
to establish the district contains both requests authorized by ORS
838.010 (2), the county governing body that calls the election shall
confer about the proposed permanent rate limit with the governing bodies
of all counties and cities having territory in the proposed district and
shall then determine the rate limit to be proposed for the district. The
proposition submitted to the electors of the district for the purpose of
establishing the district shall propose the rate limit specified by the
county governing body. The rate limit so proposed shall be the initial
permanent rate limit for operating taxes of the district within the
meaning of section 11 (3), Article XI of the Oregon Constitution, if the
district is established at the election. [Formerly 494.030; 1997 c.541
§388; 1999 c.21 §79] (1)
The governing body of a district shall be a district board consisting of
five or seven members elected from the district at large. Except as
provided in subsection (2) of this section, the term of district board
member is four years. Candidates for the first district board shall be
nominated as provided in 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, the district board members shall meet and organize as a board,
first making and subscribing to an oath of office. Notwithstanding the
term of office specified in subsection (1) of this section, the term of
each board member shall be determined 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 regular district election; and

(B) The terms of three members shall expire June 30 next following
the second regular 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 first regular district election; and

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

(3) The chairperson of the county governing body that calls the
election on establishing the district shall convene the first meeting of
the district board and shall serve as chairperson of the first meeting
until the members choose a permanent chairperson. [Formerly 494.040] (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 and referendum regarding a district measure, in accordance
with ORS 255.135 to 255.205. [Formerly 494.043] (1) At its first
meeting after July 1 each year the district board shall choose a
chairperson for the ensuing year. The chairperson shall be the presiding
officer of the board 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 its proceedings. [Formerly 494.046] (1) An airport district has full power to carry
out the objectives of its formation 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 district shall be vested in the district board of the district.

(3) An airport district formed under this chapter shall be
considered a district for all purposes in ORS chapter 198. [Formerly
494.050; 2003 c.802 §158] 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 ORS 836.200 to 836.250
and may acquire by lease, purchase, gift, devise, condemnation
proceedings or otherwise such real and personal property and rights of
way, either within or without the limits of the district as, in the
judgment of the board, are necessary or proper. [Formerly 494.060] The district board in accordance with ORS
198.510 to 198.600 may by ordinance make, modify or abolish regulations
as convenient or necessary to provide for policing or regulating the use
of airports, and any facilities located at or in conjunction with
airports, owned, operated, leased, maintained or controlled by the
district. [Formerly 494.070] The district board may employ whatever
administrative, clerical, technical and other assistance is necessary for
the proper functioning of the district, on whatever terms the board
considers in the best interests of the district. [Formerly 494.080] A district may contract
with any public or private agency for the agency to operate any facility
or perform any function that the district is authorized to operate or
perform. By contract the district may assume any function of any public
corporation, city or county in the district that the district has power
to assume under this chapter. [Formerly 494.090] (1) A
district may levy annually an ad valorem tax on all taxable property
within its boundaries not to exceed in any one year one-half percent
(0.005) of the real market value of all taxable property within the
boundaries of the district, computed in accordance with ORS 308.207. The
district may also annually assess, levy and collect a special tax upon
all such property in an amount sufficient to pay the yearly interest on
bonds previously issued by the district and then outstanding, together
with any portion of the principal of such bonds maturing within the year.
The special tax shall be applied only in payment of the interest and
principal of bonds issued by the corporation, but the corporation may
apply any funds it may have towards the payment of principal and interest
of any such bonds.

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

(3) In taxation a district may classify property on the basis of
services received from the district and prescribe different tax rates for
the different classes of property. [Formerly 494.110; 1991 c.459 §444](1) For the purpose of performing any service that the district has
power to perform, the district, when authorized at any properly called
election held for such purpose, shall have the power to borrow money by
the issuance and sale of general obligation bonds. Such bonds shall never
exceed in the aggregate 10 percent of the real market value of all
taxable property within the district computed in accordance with ORS
308.207. The bonds shall be so conditioned that the district shall
promise and agree therein to pay the bearer at a place named therein
payable semiannually in accordance with the tenor and terms of the
interest coupons attached. The bonds shall mature serially not to exceed
30 years from the date of issue, in like manner as bonds issued under the
authority of ORS 287.008.

(2) For the purpose of performing any of the powers conferred by
this chapter a district, without the necessity of an election held for
such purpose, shall have the power to borrow money by the issuance and
sale also of revenue bonds and to pledge as security therefor, all or any
part of the unobligated net income or revenue of the district. The
revenue bonds shall be issued in the same manner and form as are general
obligation bonds of the district but they shall be payable both as to
principal and interest from revenues only. The revenue bonds shall not be
subject to the percentage limitation applicable to general obligation
bonds and shall not be a lien on any of the taxable property within the
limits of the district and shall be payable solely from such part of
revenues of the district as remains after the payment of obligations
having a priority and of all expenses of operation and maintenance of the
district. All revenue bonds shall contain a provision that both the
principal and interest are payable solely from the operating revenues of
the district remaining after paying such obligations and expenses.

(3) All general obligation bonds and revenue bonds shall be
advertised for sale and sold in the manner prescribed in ORS 287.014 to
287.022 for the sale of bonds of cities. [Formerly 494.120; 1991 c.459
§445] Elections for the purpose
of voting on the question of borrowing funds by issuance and sale of
general obligation bonds shall be called by the district board. [Formerly
494.130] Refunding bonds of the same character and
tenor as those replaced thereby may be issued pursuant to a resolution
adopted by the district board without submitting to the electors the
question of authorizing the issuance of the bonds. [Formerly 494.140]