As used in this chapter and in ORS chapter
367, unless the context requires otherwise:
(1) "Chief engineer" or "engineer" means the person designated by
the director under ORS 184.628.
(2) "Commission" means the Oregon Transportation Commission.
(3) "Department" means the Department of Transportation.
(4) "Director" means the Director of Transportation.
(5) "Federal funds" means any funds provided by the United States
for cooperative road work with states, counties, cities or other
municipal subdivisions of the state under Acts of Congress enacted for
those purposes.
(6) "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.
(7) "Highway fund" means the State Highway Fund.
(8) "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.
(9) "This Act" means this chapter and ORS 105.760, 373.010,
373.015, 373.020 and 373.030. [Amended by 1969 c.599 §16; 1973 c.249 §28;
1979 c.186 §8; 1989 c.904 §34; 1993 c.741 §34; 2003 c.618 §44] As used in
this Act:
(1) "County court" includes all county officers or boards charged
by law with the duty of building, constructing, repairing, altering or
maintaining roads or bridges, or both.
(2) "Road" or "highway" includes necessary bridges and culverts,
and city streets, subject to such restrictions and limitations as are
provided. As used in all highway
Acts, "hard surfaced highways" means any state road or highway
constructed and surfaced or to be constructed and surfaced with such
materials or combinations of materials as to produce what is commonly
known or styled "pavement," and not such construction or surfacing as is
commonly known as "macadam."
(1) There is created in the Department of
Transportation an advisory committee to be appointed by the Governor to
advise the department regarding the regulation of bicycle traffic and the
establishment of bicycle lanes and paths. The committee shall consist of
eight members including an employee of a unit of local government
employed in land use planning, a representative of a recognized
environmental group, a person engaged in the business of selling or
repairing bicycles, a member designated by the Oregon Recreation Trails
Advisory Council, and at least one member under the age of 21 at the time
of appointment. Members of the advisory committee shall be entitled to
compensation and expenses as provided by ORS 292.495.
(2) The members shall be appointed to serve for terms of four years
each. A vacancy on the committee shall be filled by appointment by the
Governor for the unexpired term.
(3) The committee shall meet regularly four times a year, at times
and places fixed by the chairperson of the committee. The committee may
meet at other times upon notice by the chairperson or three members of
the committee. The department shall provide office space and personnel to
assist the committee as requested by the chairperson, within the limits
of available funds. The committee shall adopt rules to govern its
proceedings and may select officers it considers necessary. [1973 c.716
§1; 1993 c.741 §35]Note: 366.112 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 366 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
The Director of Transportation shall
furnish a fidelity bond executed by a company duly licensed to transact
the business of surety within this state, in such penal sum, not less
than $200,000, as the Oregon Transportation Commission shall determine.
The bond shall be conditioned for the faithful discharge by the director
of the duties of office, for the faithful performance by all persons
employed by the director of their duties and trusts therein and for the
transfer and delivery to the director's successor in office, or to any
other person authorized by law to receive the same, of all moneys, books,
papers, records and other articles and effects belonging to the office.
The premium for the bond shall be paid out of highway funds. [Amended by
1971 c.598 §3; 1973 c.249 §31](1) The
Department of Transportation shall, among other things:
(a) So far as practicable, compile statistics relative to the
public highways of the state and collect all information in regard
thereto which the Director of Transportation may deem important or of
value in connection with highway location, construction, maintenance,
improvement or operation.
(b) Keep on file in the office of the department copies of all
plans, specifications and estimates prepared by the department.
(c) Make all necessary surveys for the location or relocation of
highways and cause to be made and kept in the department a general
highway plan of the state.
(d) Collect and compile information and statistics relative to the
mileage, character and condition of highways and bridges in the different
counties in the state, both with respect to state and county highways.
(e) Investigate and determine the methods of road construction best
adapted in the various counties or sections of the state, giving due
regard to the topography, natural character and availability of
road-building materials and the cost of building and maintaining roads
under this Act.
(f) Prepare surveys, plans, specifications and estimates for the
construction, reconstruction, improvement, maintenance and repair of any
bridge, street, road and highway. In advertising for bids on any such
project the director shall invite bids in conformity with such plans and
specifications.
(g) Keep an accurate and detailed account of all moneys expended in
the location, survey, construction, reconstruction, improvement,
maintenance or operation of highways, roads and streets, including costs
for rights of way, under this Act, and keep a record of the number of
miles so located, constructed, maintained or operated in each county, the
date of construction, the width of such highways and the cost per mile
for the construction and maintenance of the highways.
(h) Upon request of a county governing body, assist the county on
matters relating to road location, construction or maintenance. Plans and
specifications for bridges or culverts that are provided under this
paragraph shall be provided without cost to the 10 counties with the
lowest dedicated county road funding, as defined in ORS 366.772. Standard
specifications for road projects shall be provided without cost to all
counties. The Department of Transportation shall determine an amount to
be charged for assistance under this paragraph in establishing
specifications and standards for roads under ORS 368.036. The costs of
assistance not specifically provided for under this paragraph shall be
paid as provided by agreement between the county governing body and the
director.
(i) Upon request of the State Parks and Recreation Department,
assist the State Parks and Recreation Department in evaluating the
potential need for construction, reconstruction, improvement, maintenance
or operation of highways, roads and streets that would result if the
State Parks and Recreation Commission acquired and developed a new
historic site, park or recreation area under the criteria established
pursuant to ORS 390.112 or any other criteria for acquisition established
by the State Parks and Recreation Commission.
(2) The director may require duties with respect to audits and
accounting procedures provided for in this section and ORS 366.165 to be
performed and responsibilities to be assumed by the fiscal officer of the
department appointed under ORS 184.637.
(3) In carrying out the duties set forth in this section, the
director shall act in a manner that is consistent with the goal set forth
in ORS 468B.155. [Amended by 1967 c.454 §33; 1971 c.598 §4; 1973 c.249
§32; 1981 c.153 §60; 1989 c.345 §6; 1989 c.833 §49; 1993 c.741 §36; 1995
c.79 §201; 1999 c.1038 §1; 2003 c.618 §22]The Department of Transportation shall administer a
program aimed toward prevention of vandalism and prevention and cleanup
of litter. The program may include public informational activities, but
shall be directed primarily toward encouraging and facilitating
involvement of youth in prevention of vandalism and litter and in litter
cleanup work. Moneys for the program are provided from the Environmental
Quality Information Account described under ORS 802.100. [Formerly
802.080] (1) The Department of
Transportation shall administer a program aimed toward beautifying and
cleaning state roadsides. The program shall include public informational
activities, but shall be directed primarily toward encouraging and
facilitating involvement of volunteer groups in litter cleanup work, each
group on a specific section of highway. The program shall be called the
Oregon Adopt-a-Highway Program. Moneys for the program shall be provided
from funds available to the department. The department may adopt any
rules it considers necessary for implementation of the Oregon
Adopt-a-Highway Program.
(2) An agreement entered into between the department and a
volunteer group pursuant to subsection (1) of this section shall include
but need not be limited to:
(a) Identification of the designated section of highway. The
volunteer group may request a specific section of highway it wishes to
adopt, but the assignment shall be at the discretion of the department.
(b) Specification of the duties of the volunteer group. The group
shall remove litter along the designated section of highway at least four
times each year.
(c) Specification of the responsibilities of the volunteer group.
The group shall agree to abide by all rules related to the program that
are adopted by the department.
(d) Duration of the agreement. The volunteer group may contract to
care for the designated section of highway for one, two or three years.
(3) A sign identifying the group and recognizing the group's
contribution shall be placed by the department at each end of the section
of highway adopted by the group unless the department determines that
doing so would be unsafe to persons using the highway.
(4) The department shall provide reflective vests, garbage bags and
highway signs for the participating volunteer groups. [1991 c.486 §2] (1) The Department of
Transportation may issue a vegetation control permit to a person who
holds a sign permit issued pursuant to ORS 377.700 to 377.840. A
vegetation control permit authorizes the holder of the permit to control
vegetation in the right of way of a state highway, in accordance with the
provisions of this section, in order to keep the sign visible to the
traveling public.
(2) The department may not issue a vegetation control permit for a
scenic area as defined in ORS 377.505.
(3) The department may not issue a vegetation control permit for
the right of way of a portion of state highway that is access controlled,
or for which access rights have not accrued to the abutting property
unless:
(a) Access to the right of way is from the abutting property; and
(b) The access does not breach, violate, destroy or otherwise
diminish the effectiveness or purpose of fences or other physical
barriers to the right of way.
(4) The department may charge a fee to the person issued a
vegetation control permit under this section. The amount of the fee shall
be determined by the department and shall be designed to recover the cost
to the department of issuing the permit. [2001 c.508 §7] (1) The revolving fund in the amount of
$400,000 established by warrant drawn on any fund belonging to the state
highway funds in favor of the Director of Transportation is continued.
(2) The revolving fund shall be deposited with the State Treasurer.
The fund shall be at the disposal of the director. The director may
designate persons authorized to pay claims from the fund and shall
specify the maximum amount of money each designee may draw from the fund.
The fund may be used:
(a) To pay salaries, travel expenses, compensation or payments for
real property purchased or otherwise acquired, and emergency claims; or
(b) To secure or take advantage of trade discounts and to pay for
services, materials and capital outlay.
(3) All vouchers for claims paid from the fund shall be approved by
the director and audited by the fiscal officer of the Department of
Transportation. When claims are so approved and audited, warrants
covering them shall be drawn in favor of the director and shall be used
by the director to reimburse the fund. [Amended by 1957 c.9 §1; 1967
c.454 §35; 1969 c.87 §1; 1971 c.598 §6; 1973 c.249 §34; 1979 c.186 §12;
1987 c.265 §1; 1993 c.741 §37]
POWERS AND DUTIES OF OREGON TRANSPORTATION COMMISSION (1)
The Oregon Transportation Commission has general supervision and control
over all matters pertaining to the selection, establishment, location,
construction, improvement, maintenance, operation and administration of
state highways, the letting of contracts therefor, the selection of
materials to be used therein and all other matters and things considered
necessary or proper by the commission for the accomplishment of the
purposes of this Act.
(2) The commission has full power to carry out the provisions of
and may make such rules as it considers necessary for the accomplishment
of the purposes of this Act, as defined in ORS 366.005.
(3) The Director of Transportation, as authorized by the
commission, shall appoint such officials and do any other act or thing
necessary to fully meet the requirements of ORS 366.510. [Amended by 1963
c.601 §1; 1965 c.368 §6; 1973 c.249 §37; 1975 c.436 §8; 1985 c.565 §64;
1989 c.904 §35; 1993 c.741 §38] The
total cost in any one year for administration and engineering of highway
construction shall not exceed 10 percent of the total funds available to
the Department of Transportation during that year for its highway
activities. [Amended by 1973 c.249 §38; 1993 c.741 §39]
FREIGHT ADVISORY COMMITTEE (1) There is created the
Freight Advisory Committee to be appointed by the Director of
Transportation to advise the director and the Oregon Transportation
Commission regarding issues, policies and programs that impact multimodal
freight mobility in Oregon.
(2) The director shall have discretion to determine the number of
committee members and the duration of membership. The committee
membership shall include, but not be limited to, representatives from the
shipping and carrier industries, the state, local governments and ports,
including the Port of Portland.
(3) The committee shall:
(a) Elect a chairperson and a vice chairperson.
(b) Meet at least four times a year.
(c) Provide input on statewide and regional policies and actions
that impact freight mobility.
(d) Provide input on the development of policy and planning
documents that impact freight mobility.
(e) Advise the commission and regionally based advisory groups
about the Statewide Transportation Improvement Program and the program's
consideration and inclusion of highest priority multimodal freight
mobility projects in each Department of Transportation region.
(4) The committee may make recommendations for freight mobility
projects to the commission. In making the recommendations, the committee
shall give priority to multimodal projects.
(5) The Department of Transportation shall provide policy and
support staff to the committee. The department shall also provide other
personnel to assist the committee as requested by the chairperson and
within the limits of available funds. [2001 c.240 §2; 2003 c.618 §46]STATE HIGHWAYS(1) The Oregon Transportation Commission may select, establish,
adopt, lay out, locate, alter, relocate, change and realign primary and
secondary state highways.
(2) Except as provided in subsection (3) of this section, the
commission may not permanently reduce the vehicle-carrying capacity of an
identified freight route when altering, relocating, changing or
realigning a state highway unless safety or access considerations require
the reduction.
(3) A local government, as defined in ORS 174.116, may apply to the
commission for an exemption from the prohibition in subsection (2) of
this section. The commission shall grant the exemption if it finds that
the exemption is in the best interest of the state and that freight
movement is not unreasonably impeded by the exemption. [Amended by 1977
c.312 §2; 2003 c.618 §38] (1) The Oregon
Transportation Commission may select, establish, designate, construct,
maintain, operate and improve or cause to be constructed, maintained,
operated and improved a system of state highways within the state, which
highways shall be designated by name and by the point of beginning and
terminus thereof. The system of state highways shall include such other
highways as may from time to time be selected and adopted by the
commission pursuant to law and all highways adopted and classified as
secondary state highways which are subject to and qualified for
construction, improvement, betterment and maintenance as are other state
highways.
(2) The commission may classify and reclassify the highways
comprising the state highway system as primary and secondary highways.
Secondary highways may consist of newly established highways,
reclassified primary highways and county roads selected pursuant to ORS
366.290. [Amended by 1953 c.252 §2; 1977 c.312 §3]
(1) The
Department of Transportation may locate, relocate, define, establish,
reestablish and confirm the extension, location and establishment of
primary and secondary state highways where:
(a) By reason of loss or destruction of field notes of the original
surveys made by the county when such roads or highways were laid out and
established by the county, defective or incomplete surveys or records, or
destroyed monuments or marks, the exact original location and boundary
cannot be found or ascertained.
(b) For any reason the exact location and right of way lines are in
doubt or are challenged.
(2) In exercising the authority under subsection (1) of this
section the procedure afforded the county with respect to public roads
under ORS 368.201 to 368.221 may be followed by the department. [Amended
by 1981 c.153 §61](1) The Department of
Transportation may select, locate, establish, designate, improve and
maintain out of the highway fund a system of state highways, and for that
purpose may, by mutual agreement with several counties, select county
roads or public roads. By an appropriate order entered in its records the
department may designate and adopt such roads as state highways.
Thereafter the construction, improvement, maintenance and repair of such
roads shall be under the jurisdiction of the department.
(2) In the selection of highways or roads to comprise the state
highway system the department shall give consideration to and shall
select such county roads or public roads as will contribute to and best
promote the completion of an adequate system of state highways.
(3) With the written consent of the county in which a particular
highway or part thereof is located, the department may, when in its
opinion the interests of the state will be best served, eliminate from
the state highway system any road or highway or part thereof. Thereafter
the road or highway or part thereof eliminated shall become a county road
or highway, and the construction, repair, maintenance or improvement, and
jurisdiction over such highway shall be exclusively under the county in
which such highway or road is located.
(4) The construction, maintenance and repair of state highways
shall be carried on at the sole expense of the state or at the expense of
the state and the county by mutual agreement between the department and
the county in which any particular state highway is located. [Amended by
1953 c.252 §2; 1979 c.223 §1]Before proceeding with a modernization project, or a series of
modernization projects on a single highway, that might result in a
segment of highway to which tolling could reasonably be applied, the
Department of Transportation shall determine what portion of the costs of
construction and maintenance could be recovered through tolls on users of
the project. The toll potential of a modernization project shall be
considered among other factors in determining which modernization
projects should be included in the Statewide Transportation Improvement
Program, with those projects with the greater potential to be self-funded
through tolls ranking higher. A determination under this section may be
based on assumptions that a single toll would be imposed or on
assumptions that tolls would be imposed that vary depending on time of
day or any other condition the department deems relevant. [1999 c.1072 §2] The Oregon Transportation
Commission may make such changes in the location of highways designated
and adopted by the commission, as in the judgment and discretion of the
commission will result in better alignment, more advantageous and
economical highway operation and maintenance, or as will contribute to
and afford a more serviceable system of state highways than is possible
under the present location. [Amended by 1977 c.312 §1]
(1) Whenever the Department of Transportation relocates or realigns a
state highway or a section thereof, and by reason of such relocation or
realignment there is eliminated from the original route of the highway a
section thereof, the eliminated section shall, if needed for the service
of persons living thereon or for a community served thereby, be
maintained by the department at state expense, or by the county or by the
state and the county on such terms and conditions as may be agreed upon.
(2) If such eliminated sections of old right of way, or any part
thereof, in the judgment of the department, are needed or valuable for
public road use, then the department shall, by appropriate action,
declare the purpose of the department to preserve the same for public
road use.
(3) If the department determines under subsection (2) of this
section that the eliminated sections are merely parts of the old right of
way which are no longer needed or valuable for highway right of way
purposes or any other public road use, then if such eliminated sections
are not owned by the department in fee, the department shall abandon such
eliminated sections and such sections shall, except as otherwise provided
in this section, revert to and title thereto shall vest in the abutting
owner or owners.
(4) Nothing in this section shall impair vested rights of property
owners under existing deeds, easements or contracts whereby the state or
any county acquired such rights of way. This section shall not prevent
the department from contracting for the acquisition of easements or
rights of way on such terms and conditions as to abandonment and reverter
as it may consider advisable under the conditions then existing. [Amended
by 1985 c.259 §1] The Department of
Transportation may select the materials to be used in the construction,
maintenance and operation of state highways. It may purchase or contract
for, independent of any particular job, improvement or highway project,
whether done by contract, force account or otherwise, any material,
supplies or equipment deemed necessary for carrying out the provisions
and purposes of this Act in such amounts and manner and pursuant to such
method as in the judgment of the department will be for the best
interests of the state. The Department of Transportation
may construct, equip, furnish and maintain office accommodations, shops,
equipment sheds, storage plants and warehouses, snow fences, patrolmen
quarters or accommodations and any other building, structure or thing
deemed necessary for the efficient administration of the duties of the
department and which in the opinion of the department are required for
the proper and adequate accomplishment of the purposes of this Act. The Department of Transportation
may determine the widths of rights of way for all state highways. When the
construction, expansion or improvement of a state highway as defined in
ORS 366.005 would otherwise clearly and certainly cause the destruction
of trees and shrubs which in the judgment of the engineer or the designee
of the engineer may be removed in safety, the Department of
Transportation shall:
(1) Prior to their destruction, cause notice to be placed in a
newspaper of general distribution in the locality in which these trees
and shrubs are located that these trees and shrubs may be destroyed, and
that application may be made to the department at a specific time and
place to remove these trees and shrubs for transplanting; and
(2) Permit the removal of these trees and shrubs by those making
application to do so. [1975 c.414 §1] (1) The
Department of Transportation may acquire rights of way deemed necessary
for all primary and secondary state highways, both within and without the
corporate limits of cities and towns, except that such rights of way
within the corporate limits of cities and towns may be acquired at the
sole expense of the state, at the expense of the city or town or at the
expense of the city or town and the state, as may be mutually agreed upon.
(2) The department may acquire by purchase, agreement, donation or
by the exercise of the power of eminent domain, real property or any
right or interest therein deemed necessary for rights of way, either for
original location or for widening, straightening or otherwise changing
any highway, road or street. The department may, when acquiring real
property for right of way, acquire all right of access from abutting
property to the highway to be constructed, relocated or widened.
(3) All rights of way owned or held by the several counties over
and along any roads adopted as state highways are vested in the state, by
and through the department. This subsection does not apply to any rights
of way owned by any city for city streets. [Amended by 1953 c.252 §2](1) When location, construction, relocation,
reconstruction, maintenance or repair of a state highway requires
relocation of any facilities placed or maintained in or on a public right
of way by any municipal corporation, or a district or authority
established under ORS chapter 264, 450, 451, 523 or 545, the Department
of Transportation shall pay the municipal corporation, district or
authority whose facilities are so required to be relocated the reasonable
expenses of relocation, less any benefits and salvage of the relocation.
(2) Subsection (1) of this section shall not apply to:
(a) Facilities located in or on the right of way of a state highway
under permits issued by the department upon the condition that the
permittee would bear the cost of any relocation; or
(b) Facilities located in or on the right of way of a state highway
where the municipal corporation, district or authority established under
ORS chapter 264, 450, 451 or 545, has placed such facilities in or on the
right of way of the state highway without a permit from the Oregon
Transportation Commission or has refused to execute a permit as required
by law or commission regulations. However, this paragraph shall not apply
where such municipal corporation, district or authority has located
facilities in or on the right of way of a city street or county road with
the permission of the governing body of such city or county before such
city street or county road was selected and designated a state highway by
the Department of Transportation pursuant to ORS 366.290 or 373.010.
[1967 c.272 §1; 1975 c.587 §1; 1975 c.782 §51a]When plans of the Department of Transportation projected for
one year involve acquisition of properties in any city which will require
removal of 25 or more dwelling units, businesses or institutions, the
Department of Transportation shall make a study of the persons residing
on or maintaining businesses or institutions on property scheduled for
highway acquisition. Such studies shall be kept current until the
premises required for highway acquisition are vacated. The department
shall obtain such other information as it finds appropriate to aid in the
relocation of persons displaced by the highway acquisition, and may
extend its studies beyond city boundaries when the highway acquisition
will involve dwellings, businesses or institutions within three miles of
a city boundary. Such information shall be made available to the persons
displaced and to other persons who may provide or assist in providing new
locations. This section shall apply whether the highway acquisitions will
be paid for in whole or in part from state funds either directly or by
reimbursement. The Department of Transportation may contract with any
governmental subdivision or agency, or with private concerns to make and
maintain such studies, or may employ necessary assistants therefor. [1959
c.648 §1; 1963 c.187 §1](1) When federal funds are available for payment of
direct financial assistance to persons displaced by highway acquisition,
the Department of Transportation may match such federal funds to the
extent provided by federal law and to provide such direct financial
assistance in the instances and on the conditions set forth by federal
law and regulations.
(2) When federal funds are not available or used for payment of
direct financial assistance to persons displaced by department
acquisition of property, the department may provide direct financial
assistance to such persons. Financial assistance authorized by this
subsection shall not exceed the total amount that would have been payable
under subsection (1) of this section if federal funds had been available
or used. The department may adopt rules and regulations to carry out the
provisions of this subsection. [1959 c.648 §2; 1963 c.187 §2; 1965 c.222
§1] The Department of
Transportation may acquire by purchase, agreement, donation or by
exercise of the power of eminent domain, real property for right of way
through a cemetery, except that the department has no authority to
acquire any such real property by exercise of the power of eminent domain
if within the area sought to be taken there are graves which would be
disturbed by the location and construction of a highway. The department
may acquire by purchase, agreement, donation or exercise of the power of
eminent domain, real property contiguous to the cemetery, and may convey
such real property to the cemetery association or the owners of the
cemetery in exchange for the property sought to be acquired for right of
way purposes, but such authority shall not be exercised unless and until
the owners of the cemetery agree in writing to the exchange of lands. The Department
of Transportation may, when acquiring real property for right of way
purposes, acquire additional real property adjoining the real property
sought to be acquired for the particular public project if such
additional and adjoining real property is needed for the purpose of
moving and establishing thereon buildings or other structures then
established on real property required for right of way purposes. The
acquisition of the abutting, additional real property may be accomplished
by purchase, agreement, donation or exercise of the power of eminent
domain. Such real property can be acquired only in the event that the
owner of the real property required for right of way purposes and on
which there is then located buildings or other structures, has entered
into a written agreement with the department providing for and consenting
to the removal and reestablishment of the buildings or structures on the
additional, abutting real property. As used in ORS
366.332 and 366.333:
(1) "Real property" includes any right, title or interest in real
property.
(2) "Utility" means any corporation, including municipal or
quasi-municipal corporation, company, individual, association of
individuals, lessee, trustee or receiver, that owns, operates, manages or
controls all or part of any plant or equipment in this state, whether or
not such plant or equipment or part thereof is wholly within or outside
any city, which plant or equipment is used, directly or indirectly:
(a) For the conveyance of telegraph or telephone messages, with or
without wires;
(b) For the transportation of water, gas or petroleum products by
pipelines;
(c) For the production, transmission, delivery or furnishing of
heat, light, water, power, electricity or electrical impulses; or
(d) For the transmission and delivery of television pictures and
sound by cables. [1965 c.382 §2](1) If real property upon which utility facilities are
located is necessary for city street, public road or state highway
location, relocation, construction, reconstruction, betterment or
maintenance, and any portion of the real property is likewise required by
the utility for the proper operation of its business, but the utility is
willing to convey the real property to the state for city street, public
road or state highway purposes in exchange for other real property within
a reasonable distance, the state, through the Department of
Transportation, may acquire by purchase, agreement or by the exercise of
the power of eminent domain, other real property, except that of another
utility, within a reasonable distance. After having acquired such real
property, the state, through the department, may convey it to the utility
in exchange for the real property required from the utility for city
street, public road or state highway purposes. The difference in the
value of the respective real properties shall be considered by the
department in making the exchange.
(2) ORS 366.332 and this section do not vest in any utility any
right, title or interest in any city street, public road, state highway
or other public property. [1965 c.382 §§3,4](1) Whenever in the location, relocation, construction or
betterment of any highway within the state, it is deemed necessary to
locate, relocate or construct the highway, or any part thereof, upon the
right of way of any railroad company, the state, through the Department
of Transportation, may negotiate and agree with the railroad company for
the right to use or occupy the right of way, or so much thereof as is
necessary for highway purposes.
(2) In case no satisfactory agreement can be effected, then the
state, through the department, may acquire the right of way by exercise
of the power of eminent domain, and for that purpose may commence and
prosecute condemnation proceedings to acquire the right to the use and
occupancy of sufficient of the railroad right of way for highway purposes.
(3) Nothing in subsection (2) of this section authorizes the use or
occupancy of the railroad right of way which would interfere with the
operation of the railroad or its necessary appurtenances, taking into
consideration the use of the railroad right of way by the company for
yards, terminals, station grounds and necessary additional trackage, or
which would jeopardize the safety of the public.
(4) In the event that the right of way or property of any railroad
company in the state required or needed for state highway location,
relocation, construction or betterment, and any portion of the property
or right of way is likewise needed and required by the railroad company
for the proper operation of its trains and the usual and ordinary conduct
of its business, but which property or land the railroad company is
willing to deed to the state for highway purposes in exchange for a like
amount of land within a reasonable distance, the state, through the
department, may acquire by purchase, agreement or by exercise of the
power of eminent domain, an equal amount of land or property within a
reasonable distance. After having acquired such land or property, the
state, through the department, may convey the same to the railroad
company in exchange for the land or property needed and required from the
railroad company for highway purposes. The difference in the value of the
respective parcels of land shall be considered by the department in
making the exchange. [Amended by 1965 c.383 §1; 1999 c.59 §100] The
Department of Transportation, in the name of the State of Oregon, hereby
is authorized to convey to any person, firm or corporation all or parts
of the real properties described in section 1 of chapter 21, Oregon Laws
1953, in exchange for other real properties in close proximity thereto
which, in the judgment of the department, are of equal or superior useful
value for public use. [1953 c.21 §2] The Department of
Transportation may acquire by purchase, agreement, donation or by
exercise of the power of eminent domain real property, or any right or
interest therein, including any easement or right of access, deemed
necessary for:
(1) Construction of shops, equipment sheds, office buildings,
maintenance sites, patrolmen accommodations, snow fences, quarry sites,
gravel pits, storage sites, stock pile sites, weighing stations and
broadcasting stations.
(2) Appropriation, acquisition or manufacture of road-building
materials, approach or hauling roads, connecting roads, frontage road,
highway drainage and drainage tunnels.
(3) Maintenance of an unobstructed view of any state highway so as
to provide for the safety of the traveling public.
(4) Any other use or purpose deemed necessary for carrying out the
purposes of this Act.
(5) Elimination or prevention of hazardous or undesirable points of
entry from adjacent property to state highways. [Amended by 1953 c.252 §2]
In all cases where title to real
property is acquired by the Department of Transportation either by
donation, agreement or exercise of the power of eminent domain, a title
in fee simple may be taken. The Department of
Transportation may go upon private property in the manner provided by ORS
35.220 to determine the advisability or practicability of locating and
constructing a highway over the property or the source, suitability or
availability of road-building materials thereon. [Amended by 1953 c.252
§2; 2003 c.477 §5; 2005 c.22 §259]
(1) The Department of Transportation may sell, lease, exchange
or otherwise dispose or permit use of real or personal property,
including equipment and materials acquired by the department, title to
which real or other property may have been taken either in the name of
the department, or in the name of the state, and which real or personal
property is, in the opinion of the department, no longer needed, required
or useful for department purposes, except that real property may be
leased when, in the opinion of the department, such real property will
not be needed, required or useful for department purposes during the
leasing period. The department may exchange property as provided in
subsection (3) of this section regardless of whether the property is
needed by, required by or useful to the department if, in the judgment of
the department, doing so will best serve the interests of the state.
(2) The department may sell, lease, exchange or otherwise dispose
of such real or personal property in such manner as, in the judgment of
the department, will best serve the interests of the state and will most
adequately conserve highway funds or the department's account or fund for
the real or personal property. In the case of real property, interest in
or title to the same may be conveyed by deed or other instrument executed
in the name of the state, by and through the department. All funds or
money derived from the sale or lease of any such property shall be paid
by the department to the State Treasurer with instructions to the State
Treasurer to credit such funds or moneys:
(a) To the highway fund; or
(b) To the department's account or fund for the property. The State
Treasurer shall credit the funds and moneys so received as the department
shall direct.
(3) Property described in subsection (1) of this section may be
exchanged for other property or for services. As used in this subsection,
"services" includes, but is not limited to, public improvements as
defined in ORS 279A.010.
(4)(a) Before offering forest products for sale the department
shall cause the forest products to be appraised.
(b) If the appraised value of the forest products exceeds $15,000,
the department shall not sell them to a private person, firm or
corporation except after a public auction to receive competitive bids.
Prior to such auction, the department shall give notice thereof not less
than once a week for three consecutive weeks by publication in one or
more newspapers of general circulation in the county in which the forest
products are located and by such other media of communication as the
department deems advisable. The minimum bid price and a brief statement
of the terms and conditions of the sale shall be in the notice.
(c) Notice and competitive bidding under paragraph (b) of this
subsection shall not be required if the Director of Transportation
declares an emergency to exist that requires the immediate removal of the
timber. If an emergency has been so declared:
(A) Then the timber, regardless of value, may be sold by a
negotiated price; and
(B) The director shall make available for public inspection a
written statement giving the reasons for declaring the emergency.
(5) The department's account or fund for the forest product shall
be credited with the proceeds of the sale. [Amended by 1953 c.252 §2;
1971 c.279 §1; 1983 c.26 §1; 1989 c.904 §60; 1993 c.741 §40; 2005 c.32 §1] The Department of Transportation
may enter into all contracts deemed necessary for the construction,
maintenance, operation, improvement or betterment of highways or for the
accomplishment of the purposes of this Act. All contracts executed by the
department shall be made in the name of the state, by and through the
department. [Amended by 1953 c.252 §2; 1975 c.771 §24]
(1) Any county, city or
road district of the state or any person, firm or corporation may deposit
moneys in the State Treasury or may deposit with the Department of
Transportation an irrevocable letter of credit approved by the department
for laying out, surveying, locating, grading, surfacing, repairing or
doing other work upon any public highway within the state under the
direction of the department. When any money or a letter of credit is
deposited with the department under this subsection, the department shall
proceed with the proposed highway project.
(2) Money deposited under subsection (1) of this section shall be
disbursed for the purpose for which it was deposited upon a voucher
approved by the department and a warrant. [Amended by 1967 c.454 §38;
1979 c.365 §1]
The Department of
Transportation may allow all claims legally payable out of the highway
fund. The department shall, if satisfied as to the correctness and
validity of a claim, indorse approval thereon. When claims have been
approved and indorsed by the fiscal officer of the department, they shall
be filed with the fiscal officer of the department, who shall audit and
pay the same out of the highway fund. [Amended by 1953 c.252 §2; 1967
c.454 §39] The Department of Transportation may
pay employees by individual and separate vouchers or by a payroll. The Department of
Transportation may repair or cause to be repaired at once any state
highway which has been damaged by slides, flood or other catastrophe so
that the highway may be immediately reopened to traffic. To accomplish
the reopening of the highway the department may, if it is deemed for the
best interests of the state, proceed at once to remove the slide or to
repair the damage with the department's own forces, or with other
available forces. The department may cause such work to be done by
contract without calling for competitive bids. The Department of Transportation may erect and
maintain such directional road and other signs on the state highways at
such places and of such material and design as it selects. [Amended by
1957 c.663 §1] The
Department of Transportation may take down and remove from the right of
way of any state highway or from private property adjoining the highway
any advertising sign or other structure or thing erected or maintained
thereon contrary to law. When removing such sign, thing or structure the
department shall follow and comply with the legal or statutory procedure
provided by law. The
Department of Transportation may construct and maintain within the right
of way of any state highway or section thereof sidewalks, footpaths,
bicycle paths or trails for horseback riding or to facilitate the driving
of livestock. Before the construction of any of such facilities the
department must find and declare that the construction thereof is
necessary in the public interest and will contribute to the safety of
pedestrians, the motoring public or persons using the highway. Such
facilities shall be constructed to permit reasonable ingress and egress
to abutting property lawfully entitled to such rights. (1) The
Department of Transportation shall construct fences on all freeway
overpasses that are built on and after November 4, 1993. The fences shall
be designed to deter persons from throwing objects from the overpasses
onto the freeways.
(2) Beginning in the fiscal year that starts July 1, 1993, the
Department of Transportation shall construct at least 15 fences per year
on existing freeway overpasses. The department shall develop a priority
system to construct fences first on those overpasses that involve the
greatest risk factors. [1993 c.510 §§1,2; 2001 c.104 §125]Note: 366.462 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 366 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. The Department of Transportation
may erect and maintain gates and stock or cattle guards in state highways
at such points where the highways are crossed by drift or stock fences,
where such highways intersect state or government-owned highways or other
public highways and at other places in the state highways as the
department may deem for the best interests of the public. The department
may issue permits for the erection and maintenance of the same. Any gates
constructed under this section must be constructed and maintained upon
the right of way and not upon the traveled portion of the highway. If
gates or stock guards are constructed under this section pursuant to a
permit issued by the department, then the permit may contain such
conditions, obligations and requirements as the department may deem for
the best interests of the general public. (1)
The Department of Transportation may enter into agreements with a
railroad company for the removal of snow from highway and railroad
whenever a state highway is in close proximity to a railroad track and by
reason thereof and in order to remove from the highway snow and ice which
has blocked or threatens to block the highway to traffic it becomes
necessary to cast such snow and ice upon the railroad tracks, thereby
impairing or interfering with train movement and tending to block train
operations. The agreement may be made during or in anticipation of any
such contingency, shall be in writing and shall fix the terms and
conditions under which and the extent to and manner in which the state
may, in removing the snow and ice from the highway, cast it upon the
railroad tracks.
(2) The department may procure or cause to be executed by a
corporation authorized to do such business in the state, a liability
policy of insurance, an irrevocable letter of credit issued by an insured
institution, as defined in ORS 706.008, or an undertaking running in
favor of the state, the department, the railroad company and their
officers and such employees of such parties as the contracting parties
may designate.
(3) The insurance, letter of credit or undertaking:
(a) Shall be acceptable to the contracting parties.
(b) Shall in any event indemnify, protect and hold harmless the
railroad company, its officers and employees designated, the state, the
department, its officers and employees designated, from all claims for
damage occasioned by or in connection with the removal of snow from the
highway and the casting of the snow upon the railroad tracks.
(c) May, if so provided, reimburse either or both of the
contracting parties for loss, cost and expense incurred in connection
with or resulting from such work.
(4) The department may pay out of the highway fund the premium for
the insurance or for the fee for the letter of credit and the cost and
expense incurred or sustained by the railroad company and the state
incident to the snow removal. [Amended by 1953 c.252 §2; 1991 c.331 §58;
1997 c.631 §466]
The Department of Transportation
may from time to time destroy copies of vouchers which have ceased to
possess any record value or serve any purpose and which have been in the
files and custody of the department for a period of at least 10 years.
ROADSIDE REST AREASWhen a new roadside rest area is established adjacent to or
within the right of way of a state highway, or when rest room facilities
are constructed in an existing roadside rest area adjacent to or within
the right of way of a state highway, a separate rest room facility for
disabled persons of both sexes shall be constructed. The facility shall
meet all requirements of ORS 447.210 to 447.280. [1993 c.738 §1]Note: 366.486, 366.487 and 366.490 were enacted into law by the
Legislative Assembly but were not added to or made a part of ORS chapter
366 or any series therein by legislative action. See Preface to Oregon
Revised Statutes for further explanation.
(1) If a roadside rest area adjacent to or within the right of way of a
state highway does not have a separate rest room facility for disabled
persons of both sexes, a disabled person and a person of the opposite sex
who is accompanying a disabled person for the purpose of assisting the
disabled person in using the rest room may enter any existing rest room.
Prior to entering the rest room, the assisting person shall receive
permission from anyone who is in the rest room.
(2) A sign shall be posted outside all rest room facilities subject
to the provisions of subsection (1) of this section stating that
attendants of the opposite sex may accompany or be accompanied by
disabled persons into any rest room. The sign shall include appropriate
graphics. [1993 c.738 §2]Note: See note under 366.486. (1) The
Department of Transportation shall establish by rule a permit program
allowing nonprofit organizations to provide free coffee or other
nonalcoholic beverages and cookies at roadside rest areas. Cookies
offered under the program must come from a licensed facility. Rules
adopted under this section may not restrict the program to any particular
days of the year.
(2) An organization may apply for a permit to provide coffee, other
beverages and cookies by submitting a written request to an employee of
the department designated by the department. The request shall specify
the day on which the organization wishes to offer the beverages and
cookies and the specific rest area where they will be offered. The
request shall be submitted not more than 60 days prior to the date
requested.
(3) The department shall issue a permit to the selected
organization not less than 30 days in advance of the date for which the
permit is issued. If there is more than one request for the same date and
the same place, the department shall select one organization by random
drawing and shall issue the permit to that organization.
(4) The department may not issue more than one permit for the same
time and place.
(5) An organization that receives a permit shall confine
distribution of coffee, other beverages or cookies to an area of the rest
area designated in the permit or by the rest area attendant. The
organization may not obstruct access to any building or other structure
in the rest area.
(6) An organization providing coffee, other beverages or cookies
may receive donations.
(7) An organization may post signs identifying the organization and
the activity, provided that each sign is not more than 10 square feet in
area and there are not more than two signs. The signs may be placed only
on vehicles used in connection with the provision of beverages and
cookies or located in the area designated for the activity.
(8) The department may revoke the permit of any organization that
fails to comply with the provisions of this section or with rules adopted
by the department to implement the provisions. [1993 c.738 §3; 2005 c.256
§1]Note: See note under 366.486.STATE HIGHWAY FUND
(1) The State Highway
Fund shall consist of:
(a) All moneys and revenues derived under and by virtue of the sale
of bonds, the sale of which is authorized by law and the proceeds thereof
to be dedicated to highway purposes.
(b) All moneys and revenues accruing from the licensing of motor
vehicles, operators and chauffeurs.
(c) Moneys and revenues derived from any tax levied upon gasoline,
distillate, liberty fuel or other volatile and inflammable liquid fuels,
except moneys and revenues described in ORS 184.642 (2)(a) that become
part of the Department of Transportation Operating Fund.
(d) Moneys and revenues derived from or made available by the
federal government for road construction, maintenance or betterment
purposes.
(e) All moneys and revenues received from all other sources which
by law are allocated or dedicated for highway purposes.
(2) The highway fund shall be deemed and held as a trust fund,
separate and distinct from the General Fund, and may be used only for the
purposes authorized by law and is continually appropriated for such
purposes.
(3) All interest earnings on any of the funds designated in
subsection (1) of this section shall be placed to the credit of the
highway fund. [Amended by 1953 c.125 §5; 1989 c.966 §43; 2001 c.820 §5](1) Once every two years, the
Oregon Department of Administrative Services shall conduct either a full
highway cost allocation study or an examination of data collected since
the previous study. The purposes of the study or examination of data are
to determine:
(a) The proportionate share that the users of each class of vehicle
should pay for the costs of maintenance, operation and improvement of the
highways, roads and streets in the state; and
(b) Whether the users of each class are paying that share.
(2) The department may use any study design it determines will best
accomplish the purposes stated in subsection (1) of this section. In
designing the study the department may make decisions that include, but
are not limited to, the methodology to be used for the study, what
constitutes a class of vehicle for purposes of collection of data under
subsections (1) to (4) of this section and the nature and scope of costs
that will be included in the study.
(3) The department may appoint a study review team to participate
in the study or examination of data required by subsection (1) of this
section. The team may perform any functions assigned by the department,
including but not limited to consulting on the design of the study.
(4) A report on the results of the study or examination of data
shall be submitted to the legislative revenue committees and the
legislative committees with primary responsibility for transportation by
January 31 of each odd-numbered year.
(5) The Legislative Assembly shall use the report described in
subsections (1) to (4) of this section to determine whether adjustments
to revenue sources described in section 3a (3), Article IX of the Oregon
Constitution, are needed in order to carry out the purposes of section 3a
(3), Article IX of the Oregon Constitution. If such adjustments are
needed, the Legislative Assembly shall enact whatever measures are
necessary to make the adjustments. [2003 c.755 §§1,2]Note: 366.506 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 366 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
The Department of Transportation shall use an amount equal to the amount
of moneys in the State Highway Fund that becomes available for its use
from the increase in tax rates created by the amendments to ORS 319.020,
319.530, 825.476 and 825.480 by sections 1, 2 and 10 to 15, chapter 209,
Oregon Laws 1985, and an amount equal to one-third of the amount of
moneys in the State Highway Fund that becomes available for its use from
any increase in tax rates created by the amendments to ORS 319.020,
319.530, 825.476 and 825.480 by sections 5, 6 and 8 to 15, chapter 899,
Oregon Laws 1987, and from any increase in tax rates that results from
the provisions of sections 16 and 17, chapter 899, Oregon Laws 1987, to
establish and operate a state modernization program for highways. The
program established under this section and the use of moneys in the
program are subject to the following:
(1) The moneys may be used by the department to retire bonds that
the department issues for the modernization program under bonding
authority of the department.
(2) The intent of the modernization program is to increase highway
safety, to accelerate improvements from the backlog of needs on the state
highways and to fund modernization of highways and local roads to support
economic development in Oregon. Projects both on and off the state
highway system are eligible.
(3) Projects to be implemented by the modernization program shall
be selected by the Oregon Transportation Commission. The criteria for
selection of projects will be established after public hearings that
allow citizens an opportunity to review the criteria. The commission may
use up to one-half of moneys available under this section for
modernization projects selected by the commission from a list of projects
of statewide significance.
(4) In developing criteria for selection of projects, the
commission shall consider the following:
(a) Projects must be of significance to the state highway system.
(b) Except for projects that are of statewide significance,
projects must be equitably distributed throughout Oregon.
(c) Projects may be on county or city arterial roads connecting to
or supporting a state highway.
(d) Priority may be given to projects that make a meaningful
contribution to increased highway safety.
(e) Priority may also be given to projects that encourage economic
development where:
(A) There is commitment by private industry to construct a facility.
(B) There is support from other state agencies.
(f) Priority may be given where there is local government or
private sector financial participation, or both, in the improvement in
addition to improvements adjacent to the project.
(g) Priority may be given where there is strong local support.
(5) Except as otherwise provided in this subsection, federal moneys
or moneys from the State Highway Fund other than those described in this
section may be used for the modernization program as long as the total
amount used is equal to the amount described in this section. Federal
moneys that are appropriated by Congress for specific projects and
federal moneys that are allocated by the United States Department of
Transportation for specific projects may not be used for the
modernization program under this section. [1985 c.209 §9; 1987 c.899 §2;
1999 c.969 §4; 2001 c.766 §§1,2; 2003 c.618 §§14,15; 2005 c.837 §13]
(1) The Legislative Assembly finds
that:
(a) Estimated highway, road and street revenues from current
sources will not adequately meet the need for continued development of a
statewide road and bridge system that is economically efficient, provides
accessibility to and from commercial, agricultural, industrial, tourist
and recreational facilities and enhances the highway safety,
environmental quality and land use goals of this state;
(b) Responsibility for the cost of the highway, road and street
system should be proportional and should be based on the number and types
of vehicles that use the system and on the frequency of their use; and
(c) Expansion, modernization, maintenance, repair, reconstruction,
increased capacity and enhanced safety on all roads and bridges is
crucial to the economic revitalization of Oregon.
(2) The Legislative Assembly declares that the purpose of this
section and ORS 319.020, 319.530, 366.507, 366.739, 366.774, 366.790,
825.476 and 825.480 is:
(a) To enhance the revenue base for the state, counties and cities
for continued development and maintenance of the road and bridge system;
and
(b) To enhance the revitalization of this state's economy by
implementing a long-term plan for the state, counties and cities that
establishes priorities for road and bridge improvements. [1987 c.899 §1]Note: 366.508 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 366 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. All state
officials charged with the collection of highway funds shall, upon the
first of each month after collection, unless a different time is
otherwise provided, turn the same over to the State Treasurer, who shall
enter such revenues in the account of the highway fund. [Amended by 1967
c.454 §106](1) The Department of Transportation shall
collect all registration fees for campers, motor homes and travel
trailers. Such fees shall be paid into the State Parks and Recreation
Department Fund.
(2) As used in this section:
(a) "Camper" has the meaning given that term in ORS 801.180.
(b) "Motor home" has the meaning given that term in ORS 801.350.
(c) "Travel trailer" has the meaning given that term in ORS
801.565. [1969 c.605 §46; 1979 c.186 §13; 1983 c.338 §918; 1983 c.363 §2;
1985 c.16 §460; 1985 c.395 §6; 1989 c.904 §36; 1993 c.696 §15; 2003 c.14
§161; 2003 c.655 §72; 2005 c.22 §§260,261] (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.
(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
294.525, 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]
The Department of Transportation may incur obligations to be paid from
the State Highway Fund for the construction, reconstruction, improvement,
repair or maintenance of highways, streets and bridges in excess of the
amount then standing to the credit of the State Highway Fund if in the
opinion of the department there will be sufficient funds available for
the payment of such obligations when they become due and payable and all
other debts, obligations and expenses chargeable against the State
Highway Fund including those amounts that are required by law to be set
aside from the State Highway Fund for particular purposes. Obligations
incurred under the authority of this section need not be payable in the
same biennial period during which the obligation is incurred. [1953 c.125
§2] The
Department of Transportation shall determine the accounting period for
which any expenditures shall be charged against the State Highway Fund.
The department may charge such expenditures against the State Highway
Fund at the time the expenditures are actually paid even though the
expenditures were obligated during a prior accounting period. The
department may keep its accounts on a calendar year basis. [1953 c.125
§3; 1967 c.454 §40]The Department of Transportation shall
submit a biennial statement and budget estimate as required by law, and
shall limit its expenditures from the State Highway Fund during each
biennial period to the total amount of the budget approved according to
law; provided, that the word "expenditures" shall mean all money actually
paid out or due and payable, but shall not mean liabilities or
obligations incurred but not due and payable until a subsequent biennial
period. The provisions of any law establishing a Legislative Assembly
emergency committee shall apply to expenditures from the State Highway
Fund. [1953 c.125 §4] The expenses
incurred in any proceeding by the Department of Transportation under ORS
368.201 to 368.221, when applied to state highways, shall be paid out of
the highway fund. [Amended by 1981 c.153 §62]It hereby is declared to be the policy and intent of the
Legislative Assembly that the total appropriations out of the State
Highway Fund made by it for the payment of expenses incurred by the
Legislative Assembly by and through its interim committee during any
biennium shall be deemed to be the maximum amount necessary for such
purpose. Any unexpended and unobligated balance remaining in any such
appropriation heretofore or hereafter made shall, after the expiration of
the biennium for which the appropriation was made, be returned to the
State Highway Fund and may thereafter be used for any purpose authorized
by law. [1953 c.84 §1]
HISTORIC COLUMBIA RIVER HIGHWAY As used in ORS
366.550 to 366.553, "Historic Columbia River Highway" means all parts of
the original Columbia River Highway, constructed between 1913 and 1922,
in Multnomah, Hood River and Wasco Counties, that have been designated as
a "Historic and Scenic Highway" under ORS 377.100 and all properties and
structures that are within the Columbia River Highway Historic District,
National Register of Historic Places. [1987 c.382 §1]Note: 366.550 to 366.553 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 366 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. The Legislative Assembly declares that it is the
public policy of the State of Oregon to preserve and restore the
continuity and historic integrity of the remaining segments of the
Historic Columbia River Highway for public use and enjoyment and in
furtherance thereof:
(1) To reuse and manage the Historic Columbia River Highway as a
continuous visitor attraction that ties together Columbia Gorge cities
and rural service centers and contributes to their economic development.
(2) To rehabilitate, restore, maintain and preserve all original
roadway and highway-related structures on the intact and usable highway
segments.
(3) To connect intact and usable highway segments with recreation
trails, where feasible, to create a continuous historic road route
through the Columbia Gorge which links local, state and federal
recreation and historic sites.
(4) To provide a coordinated visitor information program to
identify and interpret the significance of the highway.
(5) To preserve and enhance the scenic qualities of the highway and
its associated corridor.
(6) To coordinate appropriate state agency activities and funds to
accomplish these purposes. [1987 c.382 §2]Note: See note under 366.550.(1) The Department of Transportation and the State Parks
and Recreation Department shall prepare and manage a historic road
program, in consultation with the Historic Columbia River Highway
Advisory Committee and other affected entities, consistent with the
purposes of the Columbia River Gorge National Scenic Area Act of 1986 and
the public policy of this state declared in ORS 366.551.
(2) The departments shall inform the advisory committee of those
activities of the departments which may affect the continuity, historic
integrity and scenic qualities of the Historic Columbia River Highway.
(3) The departments shall undertake efforts to rehabilitate,
restore, maintain and preserve all intact and usable segments of the
Historic Columbia River Highway and associated state parks. The
Department of Transportation may expend funds dedicated for footpaths and
bicycle trails under ORS 366.514 to construct footpaths and bicycle
trails on those portions of the Historic Columbia River Highway that are
parts of the state highway system or that are county roads or city
streets and the State Parks and Recreation Department may incorporate
those segments into the Oregon recreation trails system under the
provisions of ORS 390.950 to 390.989 and 390.995 (2).
(4) The departments may acquire real property, or any right or
interest therein, deemed necessary for the preservation of historic,
scenic or recreation qualities of the Historic Columbia River Highway,
for the connection of intact and usable segments, or for the development
and maintenance of parks along or in close proximity to the highway. The
departments shall encourage the acquisition of lands, or interests in
lands, by donation, agreement, exchange or purchase.
(5) The departments shall assist and cooperate with other agencies
and political subdivisions of the state, state agencies, the federal
government, special purpose districts, railroads, public and private
organizations and individuals to the extent necessary to carry out the
provisions of ORS 366.550 to 366.553. The departments may enter into such
contracts as are necessary to carry out these provisions. [1987 c.382 §3;
1989 c.904 §37]Note: See note under 366.550. (1) There is
created in the Department of Transportation an advisory committee to
advise the Director of Transportation and the Oregon Transportation
Commission on policy matters pertaining to the preservation and
restoration of the Historic Columbia River Highway. The committee shall
consist of 10 members, including the State Parks and Recreation Director,
State Historic Preservation Officer, Director of the Economic and
Community Development Department or their delegates, one member appointed
by the Director of Transportation and six citizen members, two residents
each from Wasco, Hood River and Multnomah Counties. The Governor shall
appoint one member from each of the three counties and each county
commission shall appoint one member respectively. Citizen members shall
have knowledge or specific interest in historic or scenic preservation,
engineering design, recreation or related disciplines.
(2) The citizen members shall be appointed to terms of four years,
commencing on July 1 of the year of appointment. Members of the advisory
committee shall be entitled to expenses as provided by ORS 292.495 (2).
(3) The committee shall review the department's preparation of the
historic road program and its ongoing management and submit
recommendations to the Director of Transportation.
(4) The committee shall review proposed highway-related activities
and other public actions, except for routine highway maintenance, which
may affect the historic integrity, continuity, scenic values, public
access and public recreational opportunities within the Columbia River
Highway Historic District and submit recommendations to the director. The
committee may appoint subcommittees composed of qualified members or
other technical specialists, as required, to review plans, construction
or other subjects as designated by the committee. The director shall
provide notice to the committee of proposed activities, actions or
projects at the earliest possible opportunity.
(5) The committee may recommend to the director that a public
hearing with appropriate public notification be held for proposed
activities, actions or projects which significantly affect the Historic
Columbia River Highway.
(6) The committee shall meet regularly a minimum of four times a
year at times and places fixed by the chairperson of the committee. The
department shall provide personnel services to assist the committee
within the limits of available funds. The committee shall adopt rules to
govern its proceedings and may select officers it considers necessary.
[1987 c.382 §4; 1989 c.904 §61; 1993 c.736 §54; 1993 c.741 §42]
Note: See note under 366.550.INTERGOVERNMENTAL HIGHWAY COOPERATION
The State of
Oregon assents to the Act of July 11, 1916, 39 Stat. 355, entitled "An
act to provide that the United States shall aid the states in the
construction of rural post roads, and for other purposes," or Acts
supplementary thereto, and accepts the provisions and benefits of any Act
of Congress having for its purpose the construction, improvement or
maintenance of public roads or highways in the State of Oregon. [Formerly
366.705]The Department of Transportation may enter into all contracts
and agreements with the federal government relating to the survey,
construction, improvement and maintenance of roads and highways,
including county roads and city streets, submit such scheme or program of
construction, improvement or maintenance as may be required by the
federal government, and do all other things necessary fully to carry out
the cooperation contemplated and provided for by the Acts of Congress
mentioned in ORS 366.556. [Formerly 366.710] For the
construction or improvement and maintenance of rural post roads or such
other roads, highways and streets as may be eligible for federal aid
funds, the good faith of the state is pledged to make available funds
which alone, or combined with funds made or to be made available by
counties and cities, will be sufficient to match funds made available to
the State of Oregon by the federal government for highway, road or street
purposes. For the purpose of evidencing such good faith the Department of
Transportation, in the name of the state, is authorized to enter into any
and all agreements with the federal government. [Formerly 366.715] The Department
of Transportation may use, allocate or in any manner employ for the
purpose of matching any sum of money made available to the state by the
federal government for road or highway purposes any moneys credited to
the highway fund, regardless of the source from which such moneys may
have been derived. [Formerly 366.720] For the purpose of
providing funds to match funds made available to the state by the federal
government for highway purposes and for the matching of which federal
funds there are no highway funds immediately available, the Department of
Transportation may borrow money as provided in ORS 367.105. [Formerly
366.725] The
Department of Transportation or officers having control of the state
highways shall enter into such contracts, appoint such officers and do
any other act or thing necessary to fully meet the requirements of the
federal government and the officers acting under the federal statutes
mentioned in ORS 366.556, or of other federal aid furnished. [Formerly
366.730]
The Department of Transportation or officers having control of the state
highways shall, out of the money received in the highway funds each year
from any and all sources, first set aside, if deemed necessary or
expedient, a sufficient amount to comply with the terms of the Federal
Acts mentioned in ORS 366.556, and any other aid hereafter furnished by
the federal government for the construction of roads and highways or to
match the federal aid. [Formerly 366.735](1) Where state or county roads are to be surveyed or
constructed under the supervision of the federal government with the aid
of state or county funds, or both, the State Treasurer or county
treasurer, or both, may advance to the federal government, in the manner
provided in this section, the full amount set forth in the cooperative
agreement, or such portion of the amount as may be specified by the
federal government at any time after the Department of Transportation or
the county commissioners have entered into a cooperative agreement with
the federal government for the survey, construction or maintenance of a
road under any such statute, or under any appropriation statute for the
federal government against which such expenditures may be chargeable.
(2) The advance payments shall be made to the fiscal agent of the
federal government designated by, and upon receipt of, a request for such
funds from the federal government, if the federal government agrees to
refund to the state or county treasurer, or both, as the case may be, any
amount advanced in excess of the proportionate share of the actual cost.
(3) When the state, through the Department of Transportation has
entered into any cooperative agreement with the federal government for
the survey or construction of any state road or highway as in this
section contemplated, the department shall prepare, verify and approve a
claim in favor of the federal government for the amount of the state's
share of the cost of the work, accompanying the claim with a copy of the
agreement. The claim shall be paid by warrant on the State Treasurer in
the manner provided by law, from such funds as are available for road
purposes as shall be directed by the department. [Formerly 366.765] (1) The
Department of Transportation may enter into a cooperative agreement with
any one or more cities, counties, road districts or other municipalities
of the state for the construction, reconstruction, improvement, repair or
maintenance of any state highway, and provide for an allocation of the
cost of the project to the contracting parties.
(2) The Department of Transportation may enter into cooperative
agreements with any county for the survey, construction, improvement,
reconstruction, repair or maintenance of any state highway or part
thereof upon such basis of contribution as may be agreed upon between
them. [Formerly 366.770] (1) The
Legislative Assembly declares that it is the public policy of the State
of Oregon to promote cooperation between the Department of Transportation
and counties on road maintenance projects when it results in an overall
benefit to the public. Monetary savings that result from the cooperative
efforts shall primarily be retained by the counties and the division of
the department that enters into the agreement. The participants should
endeavor to cooperate regardless of the proportion of benefit to either
party.
(2) A county and the Department of Transportation or a division of
the department may establish an intergovernmental road maintenance
agreement that will govern the maintenance of state highways and county
roads within the county or other areas described by the agreement or of a
particular road project. The agreement must be ratified by the governing
body of the county and the Director of Transportation. An agreement under
this section shall require highways and roads to be maintained in
accordance with standards mutually established by the Oregon
Transportation Commission and the county governing body.
(3) All employees and managers of the department and the county who
will perform road maintenance activities described in the agreement or
who will be involved in the road project described in the agreement must
be given a reasonable opportunity to participate with the department and
the counties in establishing the terms and provisions of the agreement.
(4) Nothing in this section or in the agreement affects title to or
ownership of state highways or county roads.
(5) The agreement must:
(a) Provide for the use of state and county road maintenance
equipment and facilities by the participants.
(b) Recognize an agreement between either participant and a state
or federal agency established to protect the environment. The
intergovernmental road maintenance agreement should contain references to
applicable provisions that implement procedures and specifications
contained in the agreement between either participant and the agency.
(c) Establish a procedure, consistent with appropriate collective
bargaining agreements, to ensure that employees of the department and the
county are properly supervised.
(d) Establish a procedure to determine which maintenance methods
will be used by the participants.
(e) Establish a procedure to account for changes in operating costs
due to the establishment of the agreement and to allocate increased costs
or distribute cost savings between the county and the department.
(f) Establish a formula, adjustment factor or procedure for the
equitable adjustment and comparison of the maintenance and equipment use
rates required of the department under federal law and the maintenance
and equipment use rates employed by the county.
(g) Authorize the participants to use either the procurement
procedures applicable to the department or the procurement procedures
applicable to the county as long as the procurement procedures include
adequate safeguards fostering competition and are consistent with ORS
279A.015 and 279C.300. [Formerly 366.773]Note: 366.574 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 366 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
The Department of Transportation may enter into an agreement with any
county, city, town or road district for the construction, reconstruction,
improvement, repair or maintenance of any road, highway or street, upon
terms and conditions mutually agreed to by the contracting parties, and
the department may acquire by purchase, agreement, donation or by
exercise of the power of eminent domain, any real property necessary for
rights of way therefor. [Formerly 366.775; 2005 c.22 §262] (1) The Department of Transportation
and local governments shall consider the importance of farm-to-market
roads when making highway funding decisions.
(2) As used in this section, "farm-to-market road" means a rural or
urban road, street or highway that is used to move agricultural or
logging products to market. [Formerly 366.777]Note: 366.578 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 366 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
ALLOCATIONS TO COUNTIES AND CITIES(Generally)
Except as otherwise provided in ORS 366.744, the taxes collected under
ORS 319.020, 319.530, 803.090, 803.420, 818.225, 825.476 and 825.480,
minus $71.2 million per biennium, shall be allocated 24.38 percent to
counties under ORS 366.762 and 15.57 percent to cities under ORS 366.800.
[Formerly 366.524]
Each biennium, any portion of the $71.2 million
referred to in ORS 366.739 that remains after deducting an amount equal
to total debt service payments payable on outstanding Highway User Tax
Bonds described in ORS 367.620 (2) shall be allocated 50 percent to the
Department of Transportation, 30 percent to counties and 20 percent to
cities. Moneys allocated to counties and cities under this section shall
be distributed in the same manner as moneys allocated under ORS 366.739
are distributed. [Formerly 366.543]Note: 366.742 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 366 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) The following moneys shall be
allocated as provided in subsection (2) of this section:
(a) The amount attributable to the increase in title fees by the
amendments to ORS 803.090 by section 1, chapter 618, Oregon Laws 2003.
(b) The amount attributable to the increase in registration fees by
the amendments to ORS 803.420 by section 2, chapter 618, Oregon Laws
2003, except for the amount paid to the State Parks and Recreation
Department Fund under ORS 366.512; and
(c) The amount attributable to the increase in fees and tax rates
by the amendments to ORS 818.225, 825.476 and 825.480 by sections 3, 4
and 5, chapter 618, Oregon Laws 2003.
(2) The moneys described in subsection (1) of this section shall be
allocated as follows:
(a) 57.53 percent to the Department of Transportation.
(b) 25.48 percent to the department to pay the principal and
interest due on bonds authorized under ORS 367.620 (3) that are issued
for replacement and repair of bridges on county highways. However, any
portion of the 25.48 percent that is not needed for payment of principal
and interest on the bonds described in this paragraph shall be allocated
to counties. Moneys allocated to counties under this paragraph shall be
distributed in the same manner as moneys allocated to counties under ORS
366.739 are distributed.
(c) 16.99 percent to the department to pay the principal and
interest due on bonds authorized under ORS 367.620 (3) that are issued
for replacement and repair of bridges on city highways. However, any
portion of the 16.99 percent that is not needed for payment of principal
and interest on the bonds described in this paragraph shall be allocated
to cities. Moneys allocated to cities under this paragraph shall be
distributed in the same manner as moneys allocated to cities under ORS
366.739 are distributed.
(3)(a) Multnomah County shall spend a majority of moneys
distributed to it under subsection (2)(b) of this section on bridges in
the county.
(b) Moneys distributed to Multnomah County under subsection (2)(b)
of this section that are not spent on bridges shall be distributed
equitably within the county, based on the agreement described in
paragraph (c) of this subsection.
(c) Multnomah County and the cities within the county shall agree
upon the distribution of moneys described in paragraph (b) of this
subsection. When the county and the cities have reached an agreement,
they shall notify the Oregon Transportation Commission of the agreement.
If the commission does not receive notice of an agreement by June 30,
2004, the Department of Transportation may not distribute moneys that
would otherwise go to the county under paragraph (b) of this subsection.
Such moneys shall revert to the State Highway Fund for use by the
Department of Transportation. [2003 c.618 §18]
(1)
The following moneys shall be allocated as described in subsection (2) of
this section:
(a) The amount attributable to the increase in the inspection fee
by the amendments to ORS 803.215 by section 47, chapter 618, Oregon Laws
2003.
(b) The amount attributable to any increase in registration plate
fees by the amendments to ORS 803.570 by section 48, chapter 618, Oregon
Laws 2003.
(c) The amount attributable to the increases in fees for driver
licenses, permits and endorsements by the amendments to ORS 807.370 by
section 49, chapter 618, Oregon Laws 2003.
(d) The amount attributable to the increase in the weight receipt
fee by the amendments to ORS 825.450 by section 50, chapter 618, Oregon
Laws 2003.
(2) The moneys described in subsection (1) of this section shall be
allocated 60 percent to counties and 40 percent to cities. Moneys
allocated under this section shall be distributed in the same manner as
moneys allocated to counties and cities under ORS 366.739 are
distributed. [2003 c.618 §53](1) Each year the
Department of Transportation shall determine the increase in the number
of vehicle registrations and titles that is attributable to ORS 803.565
and the increase in the number of trip permits issued under ORS 803.600
that is attributable to the amendments to ORS 803.600 by section 3,
chapter 600, Oregon Laws 2003.
(2) Notwithstanding any other allocation of moneys to counties and
cities under this chapter, the amount of moneys from the increases
described in subsection (1) of this section shall be allocated 60 percent
to counties and 40 percent to cities. Moneys allocated under this section
shall be distributed in the same manner as moneys allocated to counties
and cities under ORS 366.739 are distributed. [2003 c.618 §55]
(Counties)
There shall be and hereby are appropriated out of the highway fund
annually such sums of money established under ORS 366.739 out of all
moneys credited to the State Highway Fund by the State Treasurer between
July 1 of any year and June 30 of the following year that are subject to
the appropriation under this section by ORS 366.739. The appropriation
shall be distributed among the several counties for the purposes provided
by law. [Formerly 366.525] The sum
designated in ORS 366.762 shall be remitted by warrant to the county
treasurers of the several counties. The remittance in any year shall be
in proportion of the number of vehicles, trailers, semitrailers, pole
trailers and pole or pipe trailers registered in each county, to the
total number of such vehicles registered in the state as of December 31
of the preceding year, as indicated by motor vehicles registration
records. All such vehicles owned and operated by the state and registered
under ORS 805.040, 805.045 and 805.060 shall be excluded from the
computation in making the apportionment. [Formerly 366.530] The appropriation made
by ORS 366.762 shall be remitted to the counties on a monthly basis
within 35 days after the end of the month for which a distribution is
made in an amount determined in ORS 366.739 and 366.762 and credited to
the highway fund for such remittance. [Formerly 366.535] Upon satisfactory
showing before the Department of Transportation by any county that the
county does not have sufficient funds with which to pay, when due, bonded
indebtedness incurred for highway purposes, the department may certify to
such fact. Pursuant to the certificate, a warrant shall be drawn in favor
of the county against the highway fund in the amount set out in each
certificate, which amount so advanced shall be deducted from the next
payment due the county under ORS 366.762 to 366.768. [Formerly 366.540]
(1) Not later than July 31 in each calendar year, the sum of $750,000
shall be withdrawn from the appropriation specified in ORS 366.762, and
the sum of $250,000 shall be withdrawn from moneys available to the
Department of Transportation from the State Highway Fund. The sums
withdrawn shall be set up in a separate account to be administered by the
Department of Transportation.
(2) Not later than July 31 in each calendar year, the sum of $1
million shall be withdrawn from the separate account described in
subsection (1) of this section and distributed to counties that had a
county road base funding deficit in the prior fiscal year. A county's
share of the $1 million shall be based on the ratio of the amount of the
county's road base funding deficit to the total amount of county road
base funding deficits of all counties.
(3) Moneys allocated as provided in this section may be used only
for maintenance, repair and improvement of existing roads.
(4) As used in this section:
(a) "County road base funding deficit" means the amount of a
county's minimum county road base funding minus the amount of that
county's dedicated county road funding. A county has a county road base
funding deficit only if the amount of the dedicated county road funding
is less than the amount of the minimum county road base funding.
(b) "Dedicated county road funding" for a county means:
(A) Moneys received from federal forest reserves and apportioned to
the county road fund in accordance with ORS 294.060;
(B) State Highway Fund moneys distributed to the county, other than
moneys distributed under this section; and
(C) Federal Highway Administration revenues allocated by formula to
the county annually under the federal-aid highway program authorized by
23 U.S.C. chapter 1. These moneys do not include federal funds received
by the county through a competitive grant process.
(c) "Minimum county road base funding" means $1 million beginning
on July 1, 2003, and thereafter means $1 million as adjusted annually on
the basis of the Portland-Salem, OR-WA, Consumer Price Index for All
Urban Consumers for All Items, as published by the Bureau of Labor
Statistics of the United States Department of Labor. [Formerly 366.541]Note: The amendments to 366.772 (formerly 366.541) by section 20,
chapter 618, Oregon Laws 2003, become operative July 1, 2008. See section
21, chapter 618, Oregon Laws 2003. The text that is operative on and
after July 1, 2008, is set forth for the user's convenience.
366.772. (1) Not later than July 31 in each calendar year, the sum
of $500,000 shall be withdrawn from the appropriation specified in ORS
366.762, and the sum of $250,000 shall be withdrawn from moneys available
to the Department of Transportation from the State Highway Fund. The sums
withdrawn shall be set up in a separate account to be administered by the
Department of Transportation.
(2) Not later than July 31 in each calendar year, the sum of
$750,000 shall be withdrawn from the separate account described in
subsection (1) of this section and distributed to counties that had a
county road base funding deficit in the prior fiscal year. A county's
share of the $750,000 shall be based on the ratio of the amount of the
county's road base funding deficit to the total amount of county road
base funding deficits of all counties.
(3) Moneys allocated as provided in this section may be used only
for maintenance, repair and improvement of existing roads.
(4) As used in this section:
(a) "County road base funding deficit" means the amount of a
county's minimum county road base funding minus the amount of that
county's dedicated county road funding. A county has a county road base
funding deficit only if the amount of the dedicated county road funding
is less than the amount of the minimum county road base funding.
(b) "Dedicated county road funding" for a county means:
(A) Moneys received from federal forest reserves and apportioned to
the county road fund in accordance with ORS 294.060;
(B) State Highway Fund moneys distributed to the county, other than
moneys distributed under this section; and
(C) Federal Highway Administration revenues allocated by formula to
the county annually under the federal-aid highway program authorized by
23 U.S.C. chapter 1. These moneys do not include federal funds received
by the county through a competitive grant process.
(c) "Minimum county road base funding" means $1 million beginning
on July 1, 2003, and thereafter means $1 million as adjusted annually on
the basis of the Portland-Salem, OR-WA, Consumer Price Index for All
Urban Consumers for All Items, as published by the Bureau of Labor
Statistics of the United States Department of Labor.Note: 366.772 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 366 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) Moneys paid to counties under ORS
366.762 to 366.768 shall be used only for the purposes stated in sections
3 and 3a, Article IX of the Oregon Constitution, and the statutes enacted
pursuant thereto including ORS 366.514.
(2) Counties receiving moneys under ORS 366.762 to 366.768 shall
report annually to the Legislative Assembly the expenditures of those
moneys in each of the following areas:
(a) Administration;
(b) Bicycle paths;
(c) Construction and expansion;
(d) Operations and maintenance;
(e) Other payments;
(f) Payments to other governments; and
(g) Repair and preservation.
(3) The Association of Oregon Counties shall make an annual report
to the Legislative Assembly presenting the information required by
subsection (2) of this section. The report shall be made to the
committees of the Legislative Assembly with primary jurisdiction over
transportation matters.
(4) For the purposes of subsection (2) of this section, each county
shall account for moneys paid to the county under ORS 366.762 to 366.768
separately from any other county moneys. [Formerly 366.542]Note: 366.774 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 366 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
(Cities) As used in ORS
366.785 to 366.820, unless the context requires otherwise:
(1) "Year" means a calendar year.
(2) "City" means only cities of this state which are regularly
operating as such through elected governmental officers.
(3) "Population" means population as given in the latest
determination of the State Board of Higher Education, except that for a
city of more than 100,000 population according to the latest such
determination, the term means 74 percent of the number of population
given for the city in the determination for computation of its share for
1964, 78 percent for computation of its share for 1965, 82 percent for
1966, 86 percent for 1967, 90 percent for 1968, 94 percent for 1969, 98
percent for 1970; and for 1971 and subsequent years computation shall be
made on the basis of full number of population. [Amended by 1961 c.259
§2; 1961 c.653 §1; 1963 c.399 §1](1) Moneys paid to cities under ORS 366.785 to
366.820 shall be used only for the purposes stated in sections 3 and 3a,
Article IX of the Oregon Constitution and the statutes enacted pursuant
thereto including ORS 366.514.
(2) Cities receiving moneys under ORS 366.785 to 366.820 shall
report annually to the Legislative Assembly the expenditures of those
moneys in each of the following areas:
(a) Administration;
(b) Bicycle paths;
(c) Construction and expansion;
(d) Operations and maintenance;
(e) Other payments;
(f) Payments to other governments; and
(g) Repair and preservation.
(3) The League of Oregon Cities shall make an annual report to the
Legislative Assembly presenting the information required by subsection
(2) of this section. The report shall be made to the committees of the
Legislative Assembly with primary jurisdiction over transportation
matters.
(4) For the purposes of subsection (2) of this section, each city
shall account for moneys paid to the city under ORS 366.785 to 366.820
separately from any other city moneys.
(5) This section does not apply to a city with a population under
5,000. [Amended by 1961 c.653 §2; 1971 c.376 §5; 1985 c.565 §65; 1987
c.899 §4; 1999 c.797 §2]
There shall be and hereby are appropriated out of the highway
fund annually such sums of money established under ORS 366.739 out of all
moneys credited to the highway fund by the State Treasurer between July 1
of any year and June 30 of the following year that are subject to the
appropriation under this section by ORS 366.739. The appropriation shall
be distributed among the several cities as provided in ORS 366.785 to
366.820. [Amended by 1967 c.463 §5; 1979 c.344 §10; 1981 s.s c.3 §109;
1983 c.164 §4; 1983 c.338 §922; 1985 c.209 §5] (1) Except as
provided in subsection (2) of this section, the appropriation specified
in ORS 366.800 shall be allocated to the cities as provided in this
subsection. The moneys subject to allocation under this subsection shall
be distributed by the Department of Transportation according to the
following:
(a) The moneys shall be distributed to all the cities.
(b) Each city shall receive such share of the moneys as its
population bears to the total population of the cities.
(2) Each year, the sum of $500,000 shall be withdrawn from the
appropriation specified in ORS 366.800 and $500,000 shall be withdrawn
from moneys available to the Department of Transportation from the State
Highway Fund and set up in a separate account to be administered by the
Department of Transportation. The following apply to the account
described in this subsection:
(a) Money from the account shall only be used upon streets:
(A) That are not a part of the state highway system;
(B) That are within cities with populations of 5,000 or fewer
persons; and
(C) That are inadequate for the capacity they serve or are in a
condition detrimental to safety.
(b) All moneys in the account shall be allotted each year.
(c) Subject to paragraph (d) of this subsection, the department
shall determine the distribution of the expenditures after considering
applications made to it therefor from the cities.
(d) The department may enter into agreements with cities upon the
advice and counsel of organizations representing cities to establish:
(A) The method of allotting moneys from the account; or
(B) The method of considering applications from cities and
determining distribution based on the applications. [Amended by 1959
c.170 §1; 1985 c.123 §§1,2; 1991 c.355 §1]
Funds accrued and
payable to cities under ORS 366.785 to 366.820 shall be remitted on a
monthly basis within 35 days after the end of the month for which a
distribution is made by the Department of Transportation to the financial
officer of each city. The funds appropriated shall be apportioned on or
before the last day of each month by the department, which shall certify
to the apportionment. Upon such certification, warrants shall be drawn
payable to the cities in the amounts set out. [Amended by 1967 c.454 §44;
1973 c.436 §1; 1975 c.527 §3] (1)
A city shall set aside in a state tax street fund all money which it
receives under ORS 366.785 to 366.820.
(2) No money allocated to a city may be allowed to accumulate over
two successive years unless the city perfects plans for a definite
construction program allowable under ORS 366.785 to 366.820 which will
necessitate the use of more than two years' estimated allocations. The
program shall receive the approval of the Chief Engineer before money
allocated may be accumulated. If any city accumulates allocated funds for
over two years, and a definite construction program is not established,
the funds shall revert to the State Treasurer to be reallocated to other
cities as though they were an additional credit to the cities'
appropriation under ORS 366.785 to 366.820. [Amended by 1993 c.741 §43] Nothing in
ORS 366.785 to 366.815 relieves the Department of Transportation of its
statutory obligations with respect to the construction, reconstruction,
maintenance, repair and improvement of streets or roads taken over by the
state, or confers on the department jurisdiction or control over roads or
streets benefited by ORS 366.785 to 366.815, except as provided therein.
[Amended by 2001 c.104 §126]MISCELLANEOUS PROVISIONS All that portion of the
east and west state highway across the state, commencing at the Idaho
state line at Ontario and Nyssa, through Huntington, Baker City, La
Grande, Pendleton, Umatilla, The Dalles, Hood River, Portland, Astoria
and ending at Seaside on the Pacific Ocean, is designated as the Old
Oregon Trail. That portion of the highway from The Dalles to Astoria
shall retain its identity as the Columbia River Highway section of the
Old Oregon Trail. The road from Hood River, up the Hood River Valley
around Mt. Hood, through Oregon City and on to Portland, shall be known
as the Mt. Hood Loop section of the Old Oregon Trail. [Amended by 1991
c.67 §90; 2001 c.508 §1] (1)
Notwithstanding the description in ORS 366.905, Oregon City, in Clackamas
County, Oregon, is recognized and designated as the true and correct end
of the Oregon National Historic Trail, otherwise known as the Oregon
Trail or the Old Oregon Trail, and as such is deserving of preservation
as an historic and economic resource for this state and the nation.
(2) That northern portion of Oregon City, Oregon, to the south and
east of the confluence of the Clackamas and Willamette Rivers is
recognized and designated as the site of the gathering and dispersal of
the incoming Oregon Trail pioneers. [1987 c.184 §1]
Note: 366.906 was enacted into law by the Legislative Assembly but was
not added to or made a part of ORS chapter 366 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation. The
Legislative Assembly finds and declares that:
(1) Highway 101, the coast highway providing the only access to the
whole western length of this state, is of economic, recreational, scenic,
social and historic importance to the people of the state.
(2) There are many agencies and municipalities with particular
regulatory or program interests in Highway 101 and the area it controls,
but there is no comprehensive management plan or process to insure that
state interests are protected and promoted.
(3) It is important that the State of Oregon develop and maintain a
program of management to promote and insure coordinated management of
Highway 101 as a whole. [1991 c.235 §2] That portion of Broadway
Street in Seaside which meets the Pacific Ocean shall be known as the end
of the Lewis and Clark Trail.Notwithstanding any other law to
the contrary, the Department of Transportation may remove from the state
highway system the state highway designated as the Crooked River Highway,
otherwise defined as State Highway No. 14, which begins at Prineville and
extends southeasterly to a connection with the Central Oregon Highway.
Upon the removal of the highway from the state highway system, the
department shall be under no further obligation with respect to the
construction, reconstruction, maintenance or repair of the highway.
Before taking such action, the department shall, in cooperation with the
county court of Crook County, provide for the location of and establish
as a part of the state highway system another highway between Prineville
and the Central Oregon Highway.
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