68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3169
Senate Bill 1107
Sponsored by Senator BRYANT (at the request of Tri-County
Metropolitan, Transportation District (Tri-Met))
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Adopts Columbia River Light Rail Transit Compact.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the Columbia River Light Rail Transit Compact; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Legislative Assembly of the State of Oregon
hereby adopts and ratifies the Columbia River Light Rail Transit
Compact set forth in section 2 of this Act, and the provisions of
the compact are hereby declared to be the law of this state upon
such compact becoming effective as provided in Article XX of the
compact. + }
SECTION 2. { + The provisions of the Columbia River Light Rail
Transit Compact are as follows: + }
_________________________________________________________________
{ +
ARTICLE I + }
{ +
Columbia River Light Rail Transit Authority Established
The States of Oregon and Washington establish by way of this
interstate compact an independent, separate regional authority,
which is an instrumentality of both of the signatory parties
hereto, known as Columbia River Light Rail Transit Authority
(hereinafter referred to as the 'Authority'). The Authority shall
be a body corporate and politic, and shall have only those powers
and duties granted by this compact and such additional powers as
may hereafter be conferred upon the Authority by the acts of both
signatories and the federal Congress. + }
{ +
ARTICLE II + }
{ +
Definitions
As used in this compact, the following words and terms shall
have the following meanings, unless the context clearly requires
a different meaning:
(1) 'C-TRAN' means the Clark County Public Transportation
Benefit Authority based in Clark County, Washington.
(2) 'Major feeder system' means all bus or other transit
services that are or are planned to be connected with the
South/North light rail transit line, to accommodate the transfer
of passengers to or from the light rail line and to transport
light rail passengers between the light rail station and their
trip origin or trip designation.
(3) 'Signatory' or 'signatory state' means the State of Oregon
or the State of Washington.
(4) 'South/North light rail transit line' means the light rail
line directly connecting portions of Clackamas County, Oregon,
Portland, Oregon and Clark County, Washington as may be extended
from time to time including, without limitation, all light rail
vehicles, rights-of-way, trackage, electrification, stations,
park-and-rides, maintenance facilities, tunnels, bridges and
equipment, fixtures, buildings and structures incidental to or
required in connection with the performance of light rail service
between portions of Clackamas County, Oregon, Portland, Oregon
and Clark County, Washington. The South/North light rail transit
line shall include a system that comprises any future light rail
lines and transit facilities that cross the jurisdictional lines
of the signatory states.
(5) 'Transit facilities' means all real and personal property
necessary or useful in rendering transit service by means of
rail, bus, water and any other mode of travel including, without
limitation, tracks, rights of way, bridges, tunnels, subways,
rolling stock for rail, motor vehicles, stations, terminals,
areas for parking and all equipment, fixtures, buildings and
structures and services incidental to or required in connection
with the performance of transit service.
(6) 'Transit service' means the transportation of persons and
their packages and baggage by means of transit facilities.
(7) 'Tri-Met' means the Tri-County Metropolitan Transportation
District based in Portland, Oregon. + }
{ +
ARTICLE III + }
{ +
Purpose and Functions + }
{ + (1) The purpose of the Authority is:
(a) To generally cause the South/North light rail transit line
to be planned, engineered, financed, constructed and developed
consistently with the applicable regional transportation and land
use plans and the locally preferred alternative approved by the
Federal Transit Administration;
(b) To facilitate the operation and maintenance of the
South/North light rail transit line;
(c) To coordinate C-TRAN and Tri-Met activities to implement
and operate the major feeder system that serves the South/North
light rail transit line;
(d) To coordinate C-TRAN and Tri-Met activities to implement
and operate buses or other transit facilities that serve bi-state
trips; and
(e) To serve only such other regional transit purposes and to
perform such other regional transit functions as the signatories
may authorize.
(2) Notwithstanding subsection (1) of this Article, the locally
preferred alternative decision for the South/North light rail
transit line approved by the Federal Transit Administration shall
be made by the appropriate transit agencies and metropolitan
planning organizations, as defined by federal law and the laws of
the signatory states. + }
{ +
ARTICLE IV + }
{ +
Powers
+ } { + The Authority has the power to:
(1) Sue and be sued, plead and be impleaded in all actions,
suits or proceedings, brought by or against it.
(2) Adopt suitable rules and regulations not inconsistent with
this compact, the Constitution and laws of the United States or
the constitutions and laws of the signatories. The Authority may
adopt rules and regulations that:
(a) Govern its activities;
(b) Add specificity to its powers and duties;
(c) Interpret legislation that is applicable to the Authority;
and
(d) Resolve inconsistencies resulting from the application of
the laws and regulations of both signatories.
(3) Acquire, maintain, control, and convey easements, licenses,
and other limited property rights for the purpose of constructing
the South/North light rail transit line. However, the Authority
shall not have to power to acquire or own real property by
contract, purchase, condemnation, lease or otherwise.
(4) Receive and accept federal, state, regional or local
payments, appropriations, grants, gifts, loans, advances and
other funds, properties and services as may be transferred or
made available to the Authority by either signatory, any
political subdivision or agency thereof, by the United States, or
by any agency thereof, or by any other public or private
corporation or individual. Any funds received by the Authority
from any source may be commingled and expended to carry out the
purposes and functions of the Authority.
(5) Disburse funds for its lawful activities and to make grants
or loans to transit agencies.
(6) Enter into agreements with:
(a) Public or private entities for the construction of the
South/North light rail transit line;
(b) Other public entities to provide for planning, engineering,
design, administration, construction management and other
services needed for the development and implementation of the
South/North light rail transit line:
(c) Public or private entities for the construction of bridges
over or tunnels under navigable streams and bodies of water to be
owned individually or jointly by the States of Oregon and
Washington;
(d) Transit agencies for the management, operation, and
maintenance of the South/North light rail transit line;
(e) Public agencies providing for acquisition by other public
entities of the property rights needed for the South/North light
rail transit line and related activities;
(f) Public or private entities to purchase, lease or otherwise
acquire the materials, equipment and vehicles needed for the
construction and implementation of the South/North light rail
transit line; and
(g) Public agencies to implement the decisions of the
Authority.
(7) Delegate any of its powers and duties to any political
subdivision or governmental agency.
(8) Resolve any disputes between C-TRAN and Tri-Met over the
operation of the South/North light rail transit line or the major
feeder system. However, the Authority shall not have the power to
require from C-TRAN and Tri-Met capital improvements to the
South/North light rail transit line or the major feeder system.
(9) To the extent allowed by law, encourage, assist and
facilitate public and private development along the South/North
light rail transit line.
(10) Perform all other necessary and incidental functions.
(11) Exercise such additional powers as shall be conferred on
it by Act of the federal Congress or jointly by the
signatories. + }
{ +
ARTICLE V + }
{ +
Board Membership + }
{ + The Authority shall be governed by a board of six
directors consisting of three members of the C-TRAN Board of
Directors and three members of the Tri-Met Board of Directors.
Directors representing C-TRAN and Tri-Met shall be appointed by
their respective boards. + }
{ +
ARTICLE VI + }
{ +
Terms of Office + }
{ + Board members shall serve terms of _____. + }
{ +
ARTICLE VII + }
{ +
Compensation of Directors + }
{ + The directors shall serve without compensation but shall
be entitled to be reimbursed for the necessary expenses incurred
in the performance of their duties. + }
{ +
ARTICLE VIII + }
{ +
Organization and Procedure + }
{ + The board of directors of the Authority shall by rule
provide for its own organization and procedure. It shall
biennially elect a chairperson from among its directors who shall
serve a term of two years subject to earlier removal by a vote of
four directors. Meetings of the board shall be held as
frequently as the board deems that the proper performance of its
duties requires, and the board shall keep minutes of its
meetings. The board shall adopt rules and regulations governing
its meetings, minutes and transactions. + }
{ +
ARTICLE IX + }
{ +
Staff + }
{ + The Authority shall not have the power to hire
administrative staff. Administrative staff support shall be
provided by C-TRAN and Tri-Met by intergovernmental
agreement. + }
{ +
ARTICLE X + }
{ +
Quorum and Actions by the Board + }
{ + Four directors shall constitute a quorum. No action by
the board shall be effective unless there is an affirmative vote
of a majority of those present. + }
{ +
ARTICLE XI + }
{ +
Conflicts of Interest + }
{ + (1) No director shall:
(a) Be financially interested, either directly or indirectly,
in any contract, sale, purchase, lease or transfer of real or
personal property to which the board of directors of the
Authority is party;
(b) In connection with services performed within the scope of
official duties, solicit or accept money or any other thing of
value in addition to the expenses paid to the director by the
Authority; or
(c) Offer money or any other thing of value for or in
consideration of obtaining an appointment, promotion or privilege
in employment with the Authority.
(2) Any director who willfully violates any provision of this
section shall, in the discretion of the board, forfeit the office
of the director. Any contract or agreement made in contravention
of this section may be declared void by the board. Nothing in
this section shall be considered to abrogate or limit the
applicability of any federal or state law that may be violated by
any action prescribed by this section. + }
{ +
ARTICLE XII + }
{ +
Financial Plans and Reports + }
{ + The board of directors of the authority shall make and
publish, as necessary, financial plans and detailed annual
budgets for the construction, operation and maintenance of the
South/North light rail line transit system, including a Sources
of Funds plan. The board may also prepare, publish and
distribute such other public reports and informational materials
as it may deem necessary or desirable. + }
{ +
ARTICLE XIII + }
{ +
Operation and Maintenance Costs + }
{ + (1) The Authority shall annually determine the amount of
the South/North light rail transit line's operating and
maintenance costs and the Authority's administrative costs that
shall be contributed to the Authority by C-TRAN and Tri-Met. The
amount to be collected from C-TRAN and Tri-Met shall be based
upon all relevant factors, including but not limited to,
ridership origination and destination and relative usage of the
South/North light rail transit line.
(2) After establishing the amount to be allocated to C-TRAN and
Tri-Met, the Authority shall levy an annual assessment on C-TRAN
and Tri-Met for the purpose of financing the management,
administration, planning, design, engineering, construction,
operation, maintenance, repair, expansion, and related activities
for facilities, equipment, systems or improvements included in
the South/North light rail transit line and related
facilities. + }
{ +
ARTICLE XIV + }
{ +
Fares + }
{ + Fares will be established and collected by C-TRAN and
Tri-Met for trips originating within their respective districts.
Payment of those fares will be honored by the Authority as
payment for passage on the South/North light rail transit
line. + }
{ +
ARTICLE XV + }
{ +
Insurance + }
{ + The board of directors of the Authority may self-insure
or purchase insurance and pay the premiums therefor against loss
or damage to any of its properties, against liability for injury
to persons or property and against loss of revenue from any cause
whatsoever. Such insurance coverage shall be in such form and
amount as the board may determine, subject to the requirements of
any agreement arising out of issuance of bonds or other
obligations by the Authority. + }
{ +
ARTICLE XVI + }
{ +
Tax Exemption + }
{ + It is hereby declared that the creation of the Authority
and the carrying out of the corporate purposes of the Authority
is in all respects for the benefit of all people of the signatory
states. It is further declared that the Authority and the board
of directors are performing a public purpose and an essential
government function, including, without limitation, proprietary,
governmental and other functions, in the exercise of the powers
conferred by this compact. Therefore, the Authority and the board
of directors shall not be required to pay taxes or assessments
upon any of the property acquired by the Authority or under its
jurisdiction, control, possession or supervision or upon its
activities in the operation and maintenance of the South/North
light rail transit line or upon any revenues therefrom. The
property and income derived from such activities shall be exempt
from all federal, state, municipal and local taxation. The tax
exemption under this article shall include, without limitation,
all motor vehicle excise taxes, employer taxes, public utility
taxes, business and occupation taxes, sales and use taxes and
motor fuel taxes. + }
{ +
ARTICLE XVII + }
{ +
Applicable Laws + }
{ + The Authority shall be both subject to and exempt from
certain laws of the States of Oregon and Washington as concurred
in by the legislature of each state, respectively. Where the laws
of the States of Oregon and Washington are not made applicable to
or inapplicable to the Authority by legislative action, the laws
of the respective states will continue to apply to activities
occurring within each state's geographical boundaries. However,
the following laws shall apply generally to the Authority
regardless of the state in which the activities governed by the
laws occur. Where there is an inconsistency between the following
laws, as they currently exist or are hereinafter amended, and the
laws of either signatory, as they currently exist or are
hereinafter amended, the provisions of the following laws shall
control and the inconsistent state law shall have no effect
whatsoever:
(1) Federal Administrative Procedures Act;
(2) Federal Miller Act (Contractor's Bond), 40 U.S.C. 270;
(3) Federal Davis-Bacon Act, 40 U.S.C. 276;
(4) Federal DBE law;
(5) Federal competitive bidding law;
(6) Federal Occupational Safety and Health Act of 1970;
(7) Federal National Environmental Protection Act;
(8) Oregon tort claims laws (ORS 30.260 to 30.300);
(9) Oregon open public meetings laws (ORS 192.610 to 192.690);
(10) Oregon public records laws (ORS 192.410 to 192.505);
(11) Oregon public disclosure laws (ORS chapter 244);
(12) RCW 9.91.025 on unlawful bus conduct;
(13) RCW 35.21.470 on surety bond exemption;
(14) RCW 39.28.010 on emergency public works;
(15) RCW 39.28.040 on federal money available for public works;
(16) RCW 39.33.010 on alternative methods for disposing of
property;
(17) RCW 39.59.010 on public funds investments;
(18) RCW 39.92.020 on joint funding options for public works
projects;
(19) RCW 47.04.210 on the authority of the Washington
Department of Transportation to contract with public agencies
without bids;
(20) RCW 47.04.170 on the authority of the Washington
Department of Transportation to contract with agencies for rail
transportation; and
(21) RCW 81.75.020 on creation of transportation centers. + }
{ +
ARTICLE XVIII + }
{ +
Jurisdiction of Courts + }
{ + (1) The United States District Courts shall have original
jurisdiction, concurrent with the courts of Oregon and
Washington, of all actions brought by or against the Authority
and shall enforce subpoenas issued under this Compact. Any such
action initiated in a state court shall be removable to the
appropriate United States District Court in the manner provided
by the Act of June 25, 1948, as amended (28 U.S.C. Ý1446).
(2) All laws or parts of laws of the United States and of the
signatory states that are inconsistent with the provisions of
this compact are hereby amended for the purpose of this compact
to the extent necessary to eliminate such inconsistencies and to
carry out the provisions of this compact. + }
{ +
ARTICLE XIX + }
{ +
Severability + }
{ + If any provision of this compact, or its application to
any person or circumstance, is held to be invalid, all other
provisions of this compact, and the application of all of its
provisions to all other persons and circumstances, shall remain
valid and to this end, the provisions of this compact are
severable. + }
{ +
ARTICLE XX + }
{ +
Effective Date + }
{ + This compact shall take effect, and the board of the
Authority may exercise its authority pursuant to the compact when
it has been ratified by the federal Congress and adopted by both
signatories, and the six directors of the board have been
appointed. The effective date of this compact shall be the date
of the establishment of the board of directors of the
Authority. + }
_________________________________________________________________
SECTION 3. { + This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect on its
passage. + }
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