The more we think about the theory behind the Clackamas County commissioners' plan to issue bonds for Milwaukie MAX without opportunity for a public vote, the less merit their legal position seems to have. Of course, we're not really an authority on the question -- it's currently before the Oregon Supreme Court, and it will be the final arbiter of the matter, if it rules on the case. But from our armchair, the county commissioners and their bond counsel, Harvey Rogers (right), are straining against common sense.
We've written about this before, but here are just a few additional thoughts that pop into our alleged mind. According to the county, Oregon Revised Statutes section 271.390 gives it the power to issue bonds, without a chance at a public vote, to "finance" any property -- even property that the county doesn't own or occupy -- so long as the commissioners decide that it's "needed." In this case, the light rail system will be owned and occupied by Tri-Met; the county will neither own it nor lease it.
If that's true, whole chapters of the statutes are mostly or entirely superfluous. For example, Chapter 287A, under which the City of Portland is selling its light rail bonds, is largely, if not completely, a dead letter. And Chapter 285B, under which municipalities can issue bonds in its name on behalf of private companies, is also surplusage. Because according to the county's theory of the light rail case, so long as the private company is buying property with the borrowed money, the county can issue the bonds under ORS 271.390 -- to heck with Chapter 285B.
It's a cute theory, but to our untrained eye, it proves too much. Which is why if we were the judge, we would force the county to hold off on selling the $20 million of rail bonds until after the light rail ballot measure election, which ends just a week from today. At which point there will likely be a whole new set of legal issues to tangle with before the money can be borrowed, because the ballot measure seems likely to pass.
(Note: We are not a judge. There's a background check.)
Comments (9)
"so long as the commissioners decide that it's "needed."
That seems to be the only play commissioners have.
And as we all know they go on and on about what a vital need light rail is.
But if anything some politicians and staff call a "need" can be considered "property" then all things are possible without voter challenge.
What's up with all these local yokel pols --and we can clearly see it's not limited just to those within the City of Portland-- who are so eager to sell their souls to the light rail black hole boondoggle?
Boycat - it's called, "representative government". There are 2 theories of government - ours and theirs. Ours is that our elected officials represent OUR wishes. Theirs is that once elected, to hell with public opinion, they have a mandate to do what they want. I think these phony-baloney online opinion surveys local governments seem so fond of these days are an attempt to gather unscientific public input they can manipulate to their advantage to say, "Look, we did listen! We are doing what you want!". Whatever. They know they are all lame ducks and are rushing to make themselves relevant to the end. Wonder who will be signing their paychecks next?
When Arrive by 8:00am Wednesday, September 12, 2012
Preferences Quickest trip with a maximum walk of 1 mile Edit
Time 113 minutes (including 29 minutes walking and 8 minutes waiting)
Transfers 1
Fare Adult: $2.50, Youth: $1.65, Honored Citizen: $1
Start at 4900 Melrose St in Lake Oswego
Walk 0.67 mile east from 4900 Melrose St to Kerr & Touchstone
Stop ID 10305
6:11am Board 38 Boones Ferry to Portland
6:35am Get off at SW Jefferson & 1st
Stop ID 12789
Go to SW Madison & 1st
Stop ID 3635
6:43am Board 33 McLoughlin to Clackamas Community College
The eastbound stop on Beavercreek at Molalla is closed.
There is a temporary stop around the corner on Molalla.
Due to construction, the northbound stop on SE Mcloughlin
at Clatsop is closed from Monday July 30, 2012 until
further notice. Use stop on Ochoco at McLoughlin.
7:35am Get off at Beavercreek & Library Ct
Stop ID 6117
Walk 0.2 mile south to 2051 Kaen Rd
End at 2051 Kaen Rd in Oregon City
-----------------------------------------------------------------------------------
NOTE 1: Google Earth
4900 Melrose St ....: 45°25'32.60"N, 122°43'29.73"W Elev: 355 ft
TriMet Stop ID 10305
Kerr Rd & Touchstone: 45°25'41.03"N, 122°42'53.34"W Elev: 609 ft
A 254 ft elevation change in 0.67 mile.
This is a fashionably sustainable walk (HIKE) from a home to
a bus stop for commuters to save the planet "for the children".
Mind the weather including night conditions.
NOTE 2:
Stop ID 10305 is also the approximate locale of one of
the lawyers that helped to file papers delaying the start
of signature collection for Clackamas County petition 3-392
that became Clackamas County Measure 3-401.
NOTE 3:
Perhaps 2011-2012 Clackamas County Commissioner Anne Lininger
can demonstrate her support of public transit by utilizing transit
from her home near the Lake Oswego Westlake Fire Station -
- 4900 Melrose St to the Clackamas County Public Services Bldg
- 2051 Kaen Rd, for the remainder of her term ending 2012 Dec 31 Monday.
And save the planet "for the children".
Travel time (ie commute) using transit per day is around 4 hours.
NOTE 4:
Public transit travel for 2011-2012 Clackamas County Commission
Chair Charlotte Lehan from Wilsonville to Clackamas County Public
Services Building is likely worse, by a factor of 1 to 2 hours / day.
Travel time (ie commute) using transit per day is around 5 hours.
NOTE 5:
First performed this assessment on 2011 Jun 02 Thursday circa 10:30 U
in Clackamas County Commission Chambers (Public Services Bldg
Room 409, 2051 Kaen Road, Oregon City) using a TriMet schedule
book. Had to leave the chambers to maintain decorum and respect
for public proceedings that were discussing a decision on the
Metro LOPT – Lake Oswego to Portland Transit project (aka streetcar)
Locally Preferred Alternative (LPA).
Judge your government leaders by their use of public transit for
commuting and render your decision by a VOTE on Clackamas County
Measure 3-401 – if you live in Clackamas County.
Charles Ormsby (Skip)
Birdshill CPO / NA Chair 2012 – 2013
A Joint Clackamas County Community Planning Organization (CPO) and
City of Lake Oswego Oregon Neighborhood Association (NA)
Google Earth GPS Coordinates: 45°25'42.18"N, 122°39'41.48"W
EM: birdhillcpona@gmail.com
It's called "technocracy". They believe they are elected to know better on account of expertise. However, it is in Oregon now technocracy of a regime without expertise. We have become Italy!
Last I looked, ORS 174.010 says that one should not read statutes to be nugatory and of no effect. That when the Legislature has enacted something, they meant it, and that statutes must be read to give effect to all statutory enactments whenever possible so long as they do not run afoul of the Oregon and US Constitutions.
The band of bond fanatics and their theory under ORS 271.390, which makes each of ORS Chapters 287A and 285 B mere surplussage, runs afoul of the directive in ORS 174.010.
No, no. In Italy there is a passion behind each action - not the dull, dimwitted lust for power and money that is so base and ordinary that we see here. Even their willful neglect of government function has an impudent flair, not the pompus surliness of our unions. There used to be a trade off for efficiency over quality of life, but in the US, we are losing both. Not sure how we deserve the government we got though.
Charamba, Douro 2008
Horse Heaven Hills, Cabernet 2010
Lorelle, Horse Heaven Hills Pinot Grigio 2011
Avignonesi, Montepulciano 2004
Lorelle, Willamette Valley Pinot Noir 2011
Villa Antinori, Toscana 2007
Mercedes Eguren, Cabernet Sauvignon 2009
Lorelle, Columbia Valley Cabernet 2011
Purple Moon, Merlot 2011
Purple Moon, Chardonnnay 2011
Abacela, Vintner's Blend No. 12
Opula Red Blend 2010
Liberte, Pinot Noir 2010
Chateau Ste. Michelle, Indian Wells Red Blend 2010
Woodbridge, Chardonnay 2011
King Estate, Pinot Noir 2011
Famille Perrin, Cotes du Rhone Villages 2010
Columbia Crest, Les Chevaux Red 2010
14 Hands, Hot to Trot White Blend
Familia Bianchi, Malbec 2009
Terrapin Cellars, Pinot Gris 2011
Columbia Crest, Walter Clore Private Reserve 2009
Campo Viejo, Rioja, Termpranillo 2010
Ravenswood, Cabernet Sauvignon 2009
Quinta das Amoras, Vinho Tinto 2010
Waterbrook, Reserve Merlot 2009
Lorelle, Horse Heaven Hills, Pinot Grigio 2011
Tarantas, Rose
Chateau Lajarre, Bordeaux 2009
La Vielle Ferme, Rose 2011
Benvolio, Pinot Grigio 2011
Nobilo Icon, Pinot Noir 2009
Lello, Douro Tinto 2009
Quinson Fils, Cotes de Provence Rose 2011
Anindor, Pinot Gris 2010
Buenas Ondas, Syrah Rose 2010
Les Fiefs d'Anglars, Malbec 2009
14 Hands, Pinot Gris 2011
Conundrum 2012
Condes de Albarei, Albariño 2011
Columbia Crest, Walter Clore Private Reserve 2007
Penelope Sanchez, Garnacha Syrah 2010
Canoe Ridge, Merlot 2007
Atalaya do Mar, Godello 2010
Vega Montan, Mencia
Benvolio, Pinot Grigio
Nobilo Icon, Pinot Noir, Marlborough 2009
Portuga, Rose 2011
Revelation, Chardonnay, Pays d'Oc 2010
Beaulieu, Cabernet, Rutherford 2005
Monte Alto, Tinto Reserva 2005
Chateau Ste. Michelle, Cabernet, Indian Wells 2009
Espiral, Vinho Rose
Vin-Koru, Pinot Gris 2011
14 Hands, Hot to Trot Red 2009
Rodney Strong, Cabernet, Sonoma 2009
Abacela, Vintner's Blend #11
Portuga, White 2010
La Bourgeoisie, Red 2009
Januik, Red 2009
Three Rivers, River's Red 2008
Kirkland, Alexander Valley Merlot 2008
Muga, Rioja Rose 2010
Quinta das Amoras, Vinho Tinto 2009
Mauro Molino, Barbera d'Alba 2009
Garda Chiaretto Rose
Columbia Crest, Two Vines Vineyard 10 White
Chateau Ste. Michelle, Pinot Gris, Columbia Valley 2009
L'Hortus, Rose de Saignee 2010
Maculan, Pino & Toi 2008
McKinley Springs, Bombing Range Red 2008
Trader Joe's Pinot Gris 2009
Montes Alpha, Cabernet 2007
Gran Sasso, Sangiovese, Terre di Chieti 2009
Garda, Classico Chiaretto Rose
Beaulieu, Cabernet, Rutherford 1999
Picos del Montgo, Tempranillo 2008
Chateau de Montmirail, Vacqueyras 2008
La Granja 360, Syrah 2009
Montgras, Carmenere Reserva 2009
Lange, Pinot Gris 2009
Columbia Crest, Horse Heaven Hills Cabernet 2008
Kirkland, Pinot Grigio 2010
Trader Joe's Coastal Syrah 2009
Columbia Crest, Horse Heaven Hills Merlot 2008
Trader Joe's Coastal Chardonnay 2009
Vieux Papes Red
Domaine de l'Aujardiere, Chardonnay 2009
Santa Rita, Cabernet, Medalla Real 2007
Penfold's, Koonunga Hill Shiraz Cabernet 2008
Guild, Red, Lot #02 2008
Dievole, Dievolino Sangiovese 2008
Laforet, Burgogne Chardonnay 2009
Columbia Winery, Merlot 2007
Bonterra, Cabernet 2008
Elk Cove, Pinot Gris 2009
Maquis Lien 2006
Scott Paul, Pinot Noir, Le Paulee 2007
The Occasional Book
Neil Young - Waging Heavy Peace
Mark Bego - Aretha Franklin, the Queen of Soul (2012 ed.)
Jenny Lawson - Let's Pretend This Never Happened
J.D. Salinger - Franny and Zooey
Charles Dickens - A Christmas Carol
Timothy Egan - The Big Burn
Deborah Eisenberg - Transactions in a Foreign Currency
Kurt Vonnegut Jr. - Slaughterhouse Five
Kathryn Lance - Pandora's Genes
Cheryl Strayed - Wild
Fyodor Dostoyevsky - The Brothers Karamazov
Jack London - The House of Pride, and Other Tales of Hawaii
Jack Walker - The Extraordinary Rendition of Vincent Dellamaria
Colum McCann - Let the Great World Spin
Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
Natalie Babbitt - Tuck Everlasting
Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
David Sedaris - Holidays on Ice
Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt
Road Work
Miles run year to date: 21
At this date last year: 52
Total run in 2012: 129
In 2011: 113
In 2010: 125
In 2009: 67
In 2008: 28
In 2007: 113
In 2006: 100
In 2005: 149
In 2004: 204
In 2003: 269
Comments (9)
"so long as the commissioners decide that it's "needed."
That seems to be the only play commissioners have.
And as we all know they go on and on about what a vital need light rail is.
But if anything some politicians and staff call a "need" can be considered "property" then all things are possible without voter challenge.
Isn't that lawlessness?
Posted by 3-401 Rail Vote | September 11, 2012 9:10 AM
What's up with all these local yokel pols --and we can clearly see it's not limited just to those within the City of Portland-- who are so eager to sell their souls to the light rail black hole boondoggle?
Posted by boycat | September 11, 2012 9:24 AM
Boycat - it's called, "representative government". There are 2 theories of government - ours and theirs. Ours is that our elected officials represent OUR wishes. Theirs is that once elected, to hell with public opinion, they have a mandate to do what they want. I think these phony-baloney online opinion surveys local governments seem so fond of these days are an attempt to gather unscientific public input they can manipulate to their advantage to say, "Look, we did listen! We are doing what you want!". Whatever. They know they are all lame ducks and are rushing to make themselves relevant to the end. Wonder who will be signing their paychecks next?
Posted by Nolo | September 11, 2012 9:46 AM
2012 September 11 Tuesday 10:30 U (10:30 AM PT)
From TriMet Trip Planner - http://trimet.org/
When Arrive by 8:00am Wednesday, September 12, 2012
Preferences Quickest trip with a maximum walk of 1 mile Edit
Time 113 minutes (including 29 minutes walking and 8 minutes waiting)
Transfers 1
Fare Adult: $2.50, Youth: $1.65, Honored Citizen: $1
Start at 4900 Melrose St in Lake Oswego
Walk 0.67 mile east from 4900 Melrose St to Kerr & Touchstone
Stop ID 10305
6:11am Board 38 Boones Ferry to Portland
6:35am Get off at SW Jefferson & 1st
Stop ID 12789
Go to SW Madison & 1st
Stop ID 3635
6:43am Board 33 McLoughlin to Clackamas Community College
The eastbound stop on Beavercreek at Molalla is closed.
There is a temporary stop around the corner on Molalla.
Due to construction, the northbound stop on SE Mcloughlin
at Clatsop is closed from Monday July 30, 2012 until
further notice. Use stop on Ochoco at McLoughlin.
7:35am Get off at Beavercreek & Library Ct
Stop ID 6117
Walk 0.2 mile south to 2051 Kaen Rd
End at 2051 Kaen Rd in Oregon City
-----------------------------------------------------------------------------------
NOTE 1: Google Earth
4900 Melrose St ....: 45°25'32.60"N, 122°43'29.73"W Elev: 355 ft
TriMet Stop ID 10305
Kerr Rd & Touchstone: 45°25'41.03"N, 122°42'53.34"W Elev: 609 ft
A 254 ft elevation change in 0.67 mile.
This is a fashionably sustainable walk (HIKE) from a home to
a bus stop for commuters to save the planet "for the children".
Mind the weather including night conditions.
NOTE 2:
Stop ID 10305 is also the approximate locale of one of
the lawyers that helped to file papers delaying the start
of signature collection for Clackamas County petition 3-392
that became Clackamas County Measure 3-401.
NOTE 3:
Perhaps 2011-2012 Clackamas County Commissioner Anne Lininger
can demonstrate her support of public transit by utilizing transit
from her home near the Lake Oswego Westlake Fire Station -
- 4900 Melrose St to the Clackamas County Public Services Bldg
- 2051 Kaen Rd, for the remainder of her term ending 2012 Dec 31 Monday.
And save the planet "for the children".
Travel time (ie commute) using transit per day is around 4 hours.
NOTE 4:
Public transit travel for 2011-2012 Clackamas County Commission
Chair Charlotte Lehan from Wilsonville to Clackamas County Public
Services Building is likely worse, by a factor of 1 to 2 hours / day.
Travel time (ie commute) using transit per day is around 5 hours.
NOTE 5:
First performed this assessment on 2011 Jun 02 Thursday circa 10:30 U
in Clackamas County Commission Chambers (Public Services Bldg
Room 409, 2051 Kaen Road, Oregon City) using a TriMet schedule
book. Had to leave the chambers to maintain decorum and respect
for public proceedings that were discussing a decision on the
Metro LOPT – Lake Oswego to Portland Transit project (aka streetcar)
Locally Preferred Alternative (LPA).
Judge your government leaders by their use of public transit for
commuting and render your decision by a VOTE on Clackamas County
Measure 3-401 – if you live in Clackamas County.
Charles Ormsby (Skip)
Birdshill CPO / NA Chair 2012 – 2013
A Joint Clackamas County Community Planning Organization (CPO) and
City of Lake Oswego Oregon Neighborhood Association (NA)
Google Earth GPS Coordinates: 45°25'42.18"N, 122°39'41.48"W
EM: birdhillcpona@gmail.com
Posted by Charles Ormsby | September 11, 2012 10:38 AM
This story is being covered on OPB radio right now!
Posted by Frank | September 11, 2012 12:10 PM
It's called "technocracy". They believe they are elected to know better on account of expertise. However, it is in Oregon now technocracy of a regime without expertise. We have become Italy!
Posted by dyspeptic | September 11, 2012 12:40 PM
Last I looked, ORS 174.010 says that one should not read statutes to be nugatory and of no effect. That when the Legislature has enacted something, they meant it, and that statutes must be read to give effect to all statutory enactments whenever possible so long as they do not run afoul of the Oregon and US Constitutions.
The band of bond fanatics and their theory under ORS 271.390, which makes each of ORS Chapters 287A and 285 B mere surplussage, runs afoul of the directive in ORS 174.010.
Posted by Nonny Mouse | September 11, 2012 1:56 PM
No, no. In Italy there is a passion behind each action - not the dull, dimwitted lust for power and money that is so base and ordinary that we see here. Even their willful neglect of government function has an impudent flair, not the pompus surliness of our unions. There used to be a trade off for efficiency over quality of life, but in the US, we are losing both. Not sure how we deserve the government we got though.
Posted by Nolo | September 11, 2012 2:00 PM
Nonny, dumb it down for me, please.
Posted by lw | September 11, 2012 2:03 PM