Oregon Statutes 366.514 – Use of highway fund for footpaths and bicycle trails
(1) Out of the funds received by the Department of Transportation or by any county or city from the State Highway Fund reasonable amounts shall be expended as necessary to provide footpaths and bicycle trails, including curb cuts or ramps as part of the project. Footpaths and bicycle trails, including curb cuts or ramps as part of the project, shall be provided wherever a highway, road or street is being constructed, reconstructed or relocated. Funds received from the State Highway Fund may also be expended to maintain footpaths and trails and to provide footpaths and trails along other highways, roads and streets.
Terms Used In Oregon Statutes 366.514
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Transportation. See Oregon Statutes 366.005
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Highway: means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right. See Oregon Statutes 366.005
- Highway fund: means the State Highway Fund. See Oregon Statutes 366.005
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State highway: means any road or highway designated as such by law or by the Oregon Transportation Commission pursuant to law and includes both primary and secondary state highways. See Oregon Statutes 366.005
(2) Footpaths and trails are not required to be established under subsection (1) of this section:
(a) Where the establishment of such paths and trails would be contrary to public safety;
(b) If the cost of establishing such paths and trails would be excessively disproportionate to the need or probable use; or
(c) Where sparsity of population, other available ways or other factors indicate an absence of any need for such paths and trails.
(3) The amount expended by the department or by a city or county as required or permitted by this section shall never in any one fiscal year be less than one percent of the total amount of the funds received from the highway fund. However:
(a) This subsection does not apply to a city in any year in which the one percent equals $250 or less, or to a county in any year in which the one percent equals $1,500 or less.
(b) A city or county in lieu of expending the funds each year may credit the funds to a financial reserve fund in accordance with ORS § 294.346, to be held for not more than 10 years, and to be expended for the purposes required or permitted by this section.
(c) For purposes of computing amounts expended during a fiscal year under this subsection, the department, a city or county may record the money as expended:
(A) On the date actual construction of the facility is commenced if the facility is constructed by the city, county or department itself; or
(B) On the date a contract for the construction of the facilities is entered with a private contractor or with any other governmental body.
(4) For the purposes of this chapter, the establishment of paths, trails and curb cuts or ramps and the expenditure of funds as authorized by this section are for highway, road and street purposes. The department shall, when requested, provide technical assistance and advice to cities and counties in carrying out the purpose of this section. The department shall recommend construction standards for footpaths and bicycle trails. Curb cuts or ramps shall comply with the requirements of ORS § 447.310 and rules adopted under ORS § 447.231. The department shall, in the manner prescribed for marking highways under ORS § 810.200, provide a uniform system of signing footpaths and bicycle trails which shall apply to paths and trails under the jurisdiction of the department and cities and counties. The department and cities and counties may restrict the use of footpaths and bicycle trails under their respective jurisdictions to pedestrians and nonmotorized vehicles, except that motorized wheelchairs shall be allowed to use footpaths and bicycle trails.
(5) As used in this section, ‘bicycle trail’ means a publicly owned and maintained lane or way designated and signed for use as a bicycle route. [1971 c.376 § 2; 1979 c.825 § 1; 1983 c.19 § 1; 1983 c.338 § 919; 1991 c.417 § 7; 1993 c.503 § 12; 1997 c.308 § 36; 2001 c.389 § 1]
[Amended by 1971 c.376 § 3; 1973 c.249 § 39; repealed by 1975 c.436 § 7]