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USA Statutes : oregon
Title : TITLE 31 HIGHWAYS, ROADS, BRIDGES AND FERRIES
Chapter : Chapter 382 INTRASTATE BRIDGES
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As used in this chapter, unless the
context requires otherwise, “county court” includes board of county
commissioners.BRIDGES UNDER DEPARTMENT OF TRANSPORTATIONWhenever in the judgment of the Department of
Transportation the construction of a bridge over any stream, river, bay,
arm of the ocean or other body of water on any state highway, federal aid
highway, any highway constituting a direct or immediate extension thereof
or a connection between two state highways or federal highways is
necessary in order to afford adequate convenience and a safe means of
travel for the public and such bridge should be constructed and operated
as a toll bridge, then the department may:
(1) Construct the bridge.
(2) Pay in the first instance the cost and expense out of highway
funds.
(3) Thereafter replenish or reimburse the state highway funds with
tolls received as a result of the use and operation of the toll bridge.Funds for the construction of any toll bridge by the Department
of Transportation shall be procured from the sale of bonds authorized to
be issued and sold for highway construction, but if no bonds are
available for the purpose, then funds available from any other source may
be used. (1) The Department of
Transportation may determine and fix the rate of toll to be charged for
transit over any toll bridge mentioned in ORS 382.105, which rate shall
be sufficient to reimburse the highway funds for the initial outlay of
costs.
(2) As soon as sufficient funds have been received from tolls
collected for the use of such bridge to reimburse the highway funds the
bridge shall be operated as a free bridge. (1) The Department of
Transportation may operate free of tolls any of the bridges constructed
pursuant to the terms and provisions of chapter 9, Oregon Laws 1933,
Second Special Session.
(2) The Department of Transportation may pay, in whole or in part,
out of any highway revenues subject to the control of the department the
principal of and interest on the bonds issued pursuant to the terms and
provisions of chapter 9, Oregon Laws 1933, Second Special Session.
(3) This section shall not abrogate or impair the obligations of
any bonds or of any contract with the purchaser or holder of any or all
of the bonds issued or of any other contract made pursuant to the terms
and provisions of chapter 9, Oregon Laws 1933, Second Special Session.
(4) The authority conferred by this section is cumulative, in
addition and supplemental to the authority conferred by any other law. In
so far as this section is inconsistent with any other law this section is
controlling.(1) No bridge shall be constructed over or across any navigable
water wholly or in part within this state or over lands lying between
high and low water on any navigable stream within or forming the boundary
of this state unless and until the plans, and the elevation and clearance
of the bridge, are first approved by the Department of Transportation,
except that:
(a) Such approval is not required when the bridge is located wholly
within the corporate limits of a city of over 100,000 population.
(b) If such bridge is to be constructed by a county, the elevation
and clearance but not the plans of the proposed bridge must first be
approved.
(2) If such bridge is located within the limits of any port
district existing under the laws of this state or between any such port
district and the Pacific Ocean, it shall not be constructed unless and
until the plans, elevation and clearance of the bridge are first approved
by the board of commissioners of the port district. [Amended by 1963
c.602 §1; 1981 c.153 §75] If the money provided by
ORS 368.705 is expended and an emergency arises demanding immediate
action by it, the county court may in its discretion apply any moneys in
the county treasury, not otherwise appropriated, toward defraying the
expense of building or repairing bridges on any of the county or state
roads within the county or over streams forming boundaries between the
county and any other county.MULTNOMAH COUNTY BRIDGES(1) The Board of County Commissioners of Multnomah County shall
operate and maintain all bridges, as defined in subsection (2) of this
section, together with the approaches thereof, erected, owned by or
leased to the City of Portland or Multnomah County, across the Willamette
River within the boundaries of Portland, and the City of Portland shall
surrender and deliver possession and control of such bridges, except as
provided in ORS 382.310 to 382.330, to the board of county commissioners.
(2) As used in ORS 382.305 to 382.330, “bridge” means the bridges
and parts thereof.
(1) The Board of County Commissioners of Multnomah County shall:
(a) Maintain, keep in good condition and repair and operate the
bridges and their approaches. The lighting of the bridges and their
approaches is a part of the duty to maintain and operate such bridges,
and the board may enter into contracts for such lighting.
(b) Operate, maintain and keep in good condition all parts of the
bridges owned by the city or leased by the city or by the board of county
commissioners.
(2) The Board of County Commissioners of Multnomah County shall, at
the cost and expense of the county:
(a) Employ, hire and discharge, from time to time, agents, workers,
laborers and servants, as it deems necessary in the conduct, maintenance,
repair and operation of the bridges and their approaches.
(b) Make needful rules and regulations for the operation and
maintenance of the bridges, but such rules and regulations shall be
subject to the exercise by the City of Portland of such police power and
authority as the city has under its charter with respect to the bridges
owned by the city.
(3) The Board of County Commissioners of Multnomah County may enter
into agreements or leases for the use by the public, for highway purposes
and for the operation of street cars thereon, of the upper highway deck
of the bridges constructed across the Willamette River in Portland, by
persons or corporations other than the City of Portland. [Amended by 2005
c.22 §263]If the Board of County Commissioners of
Multnomah County makes an agreement or lease for the use of the upper
deck of any bridge constructed across the Willamette River within
Portland and if any public service corporation operating a street car
line within Portland desires to maintain and operate its street cars over
the upper deck of the bridge so leased, the board of county commissioners
may agree with the public service corporation upon the terms and
compensation for such use. If they are unable to agree, the amount of
compensation to be paid by the public service corporation shall be the
same as may at such time be fixed or charged by the City of Portland for
the use of other bridges across the Willamette River by public service
corporations. The City
of Portland, Oregon, may:
(1) Regulate traffic upon and across the bridges and their
approaches constructed by the City of Portland.
(2) Lay and maintain upon the bridges and their respective
approaches constructed by the City of Portland all rails and tracks
necessary, desirable or convenient for the operation of street cars
thereon.
(3) Provide for the use of the bridges and their approaches
constructed by the City of Portland and rails and tracks thereon by
street cars propelled by electrical and other motive power, and the
carrying of passengers on such street cars.
(4) Make contracts with and grant rights, privileges and franchises
to any persons, firms or corporations for the use of the bridges and
their approaches, and rails and tracks by cars, street cars and trains,
the carrying of passengers thereon and for charging and collecting fares
and tolls under such rights, privileges and franchises.
(5) Contract for, agree upon and charge and collect rents and other
compensation for such use by cars, street cars and trains, and the Board
of County Commissioners of Multnomah County shall have no right to
establish or collect rents or other compensation for the use of the
bridges by cars, street cars and trains.
(6) Exercise all other power and authority over the bridges and
their approaches not expressly conferred by ORS 382.305 to 382.330 on
Multnomah County.
(1) The Board of County Commissioners of Multnomah County shall operate,
maintain and repair the bridge existing on February 25, 1913, across the
Willamette River from Adams Street on the east side of the river to
Glisan Street on the west side of the river, in Portland, subject to the
terms and provisions of the lease executed by the Oregon-Washington
Railroad and Navigation Company, party of the first part, and the City of
Portland, party of the second part, dated October 9, 1912, and filed with
the city auditor on October 19, 1912.
(2) The board of county commissioners may, from time to time, enter
into leases or agreements with the owners of such bridge for the use of
the upper deck and its approaches for highway purposes by the public and
the operation of street cars thereon.
(3) In the event that no public service corporation makes any
contract or agreement with the City of Portland for the operation of its
street cars over the upper deck of such bridge or its approaches prior to
February 25, 1913, the compensation to be paid by the public service
corporation shall be fixed by and paid to the City of Portland, subject
to the lease mentioned in subsection (1) of this section. As used in ORS
382.335 to 382.425:
(1) “Board of county commissioners” means the Board of County
Commissioners of Multnomah County and includes the constituted
authorities of Multnomah County having control of road construction,
maintenance and operation.
(2) “Construct” includes repair, maintain, improve or other words
of similar meaning.
(3) “Construction” includes repair, maintenance, improvement,
reconstruction or other words of similar meaning.Bridges over the Willamette River in Portland, Oregon, and the
Willamette Slough within Multnomah County are permanent roads and include
approaches and viaducts leading thereto.Multnomah County may borrow money for the purpose of
constructing and reconstructing bridges across the Willamette River in
Portland, Oregon, and Willamette Slough within Multnomah County and issue
bonds to evidence such indebtedness.
Whenever a petition therefor, signed by not less than 10 percent of the
electors of Multnomah County and stating the amount of the proposed bond
issue is filed with the county clerk, the board of county commissioners
shall, subject to ORS 382.355 and 382.360, order an election to determine
whether or not the county shall issue bonds for the construction of the
bridge mentioned in ORS 382.345. However, if the county debt for the
construction of permanent roads already incurred or authorized, together
with the new debt sought to be created by the petition, exceeds six
percent of the assessed valuation of all the property in the county, then
the board of county commissioners shall disregard the petition.(1) The petition mentioned in ORS 382.350 shall be
filed with the county clerk and presented to the board of county
commissioners at or before its next regular session.
(2) The board of county commissioners shall examine the petition as
soon as it is presented. If it is satisfied that the petition
substantially conforms to the requirements of ORS 382.370 and contains
the names and post-office addresses, places of residence and precincts of
the requisite number of electors as required by ORS 382.350, the board of
county commissioners shall make an order directing that a special
election be called and held in the county for the purposes specified in
the petition at a time to be then fixed by the board of county
commissioners, which shall not be less than 30 nor more than 40 days
after the date of making the order and not more than 90 days after the
day of filing the petition.
(3) If the board of county commissioners determines either that the
petition does not substantially conform to the requirements of ORS
382.370 or that it does not contain names and post-office addresses,
places of residence and precincts of the requisite number of electors as
required by ORS 382.350, it shall make an order declaring that fact,
particularly designating the defects and refusing to order a special
election. (1)
There shall be no appeal from the order mentioned in ORS 382.355 (2).
(2) Within 10 days after the entry of the order mentioned in ORS
382.355 (3), any one or more of the petitioners may appeal to the circuit
court in the same manner as appeals are taken from the county court in
actions at law, except that the notice of appeal, if not entered in the
journal at the time the order is made, shall be served on the county
clerk and no appeal bond shall be required.
(3) If the circuit court upon appeal is satisfied that the board of
county commissioners should have ordered an election, the circuit court
shall direct the board of county commissioners to proceed as if it had
declared the proceedings sufficient. If upon appeal the circuit court
decides that the judgment of the board of county commissioners was
correct it shall make an order affirming the judgment of the board of
county commissioners. There shall be no appeal from the judgment of the
circuit court. The bonds mentioned
in ORS 382.345 shall be issued only upon approval of a majority of those
voting at any election for the same. Petitions for
bridge bond elections, bridge bond election notices and ballots shall be
in substantially the same form as prescribed by ORS 381.440. [Amended by
1983 c.350 §254] (1) Elections for the issuance
of the bonds may be held at any general election or at any time, subject
to the time limitations of ORS 382.355 (2).
(2) The laws of this state governing special and general elections
in so far as they do not conflict with ORS 382.335 to 382.425 apply to
elections under ORS 382.335 to 382.425. If at any such
general or special bridge bond election a majority of the electors voting
at such election votes in favor of issuing the bonds, the board of county
commissioners shall enter an order in its journal declaring that fact.
The order shall be absolutely conclusive as to the regularity of all the
proceedings in reference to the matter.
The board of county commissioners of its own motion may submit the
question of issuing bonds for the purposes mentioned in ORS 382.345 at
any general election. This may be done by an order of the board of county
commissioners, entered in the journal at least 40 days next preceding any
general election. The order shall set out the amount of bonds proposed to
be issued, the length of time they shall run and the maximum rate of
interest they shall bear. After having entered such order the board of
county commissioners shall proceed to submit the question to the electors
of the county in the same manner and with like effect as upon the
petition mentioned in ORS 382.350.Thirty days after the entry upon the records of the order mentioned
in ORS 382.380, or if the election is contested, within 30 days after the
final determination of such contest, the board of county commissioners
shall arrange to issue such bonds as were authorized at the election and
shall thereafter, as soon as may in its judgment be deemed expedient,
issue and sell the bonds. The board of county commissioners may arrange
the form, details and sale of the bonds consistently with ORS 382.335 to
382.425. (1) The bonds mentioned in
ORS 382.345 shall:
(a) Be in denominations of $100 or more, but not exceeding $1,000.
(b) Run not to exceed 30 years from the date of their respective
issuance.
(c) Bear interest at a rate determined by the board of county
commissioners, payable semiannually.
(d) Have interest coupons attached to them, one coupon for each
interest payment that will be made.
(e) Be signed by the chairperson of the board of county
commissioners and the county clerk. The interest coupons shall bear the
printed facsimile signatures of the chairperson of the board of county
commissioners and the county clerk.
(f) Be sealed with the seal of the county.
(g) Bear the certificate of the county treasurer over the signed
statement that they have been registered in the treasurer’s office,
naming the date registered.
(h) Be issued in series and mature serially.
(2) The bonds and interest coupons shall:
(a) Be lithographed or printed on good bond paper.
(b) Be made payable to bearer, in any coin or currency which, at
the time of payment, is legal tender for the payment of public and
private debts within the United States.
(c) Be paid by the county treasurer upon presentation at the
treasurer’s office or at the fiscal agency of the state in New York City,
upon the date of payment named thereon.
(3) Subject to subsections (1) and (2) of this section,
denominations of the bonds, dates of maturity and dates when interest is
payable may be determined by the board of county commissioners. [Amended
by 1981 c.94 §35] The county treasurer shall keep a
register of all the bonds issued or sold under ORS 382.335 to 382.425,
noting therein the number of bonds, amount, date of issuance, date of
sale and such facts as in the judgment of the county treasurer serve to
keep an accurate record of the bonds so issued and sold. (1) The board of county
commissioners shall advertise in one newspaper in the county outside of
Portland, if there is one, in one leading newspaper in Portland, Oregon,
and in one leading financial newspaper in New York City for two weeks
before any sale of bonds, the fact of the sale, inviting bids for the
bonds and stating such facts as will interest prospective purchasers. For
example, the date and place of sale, the terms of sale, the character of
the bonds, the amount, interest and denomination of the bonds, the fact
that all bids must be accompanied by a certified check for five percent
of the amount of the bid, that any and all bids may be rejected, that the
bonds may be sold only for cash, not below par, and to the highest bidder
and such other facts as may in the judgment of the board of county
commissioners procure the most advantageous sale of the bonds may be
stated.
(2) All bids to purchase bonds shall be sealed and accompanied by a
certified check for five percent of the amount of the bid. The board of
county commissioners may reject any and all bids.
(3) No bonds authorized by ORS 382.345 shall be sold for less than
par or for anything but cash. The proceeds of
all the bonds sold under ORS 382.335 to 382.425 shall be paid into the
county treasury and shall go into a special bridge fund. Such proceeds
shall be disbursed for the purposes for which the bonds are issued.(1) The board of county commissioners shall, at the time of
making the annual tax levy upon the previous year’s assessment, levy a
tax on all the taxable property in the county sufficient to pay the
outstanding bonds at maturity and the interest on all outstanding bonds
for the current year. The proceeds derived from the tax shall be used
only for the payment of the principal and interest of the bonds. Such
proceeds shall be paid by the county treasurer to the bearer of the bonds
or sent to the fiscal agency at New York City for the payment of the
interest coupons upon presentation, as provided in ORS 382.395.
(2) The board of county commissioners in its annual budget has the
option of providing for the application of all or part of the proceeds of
the county motor license fund to all or part of the payments of principal
and interest on bridge bonds maturing in the ensuing year. In case this
option is exercised and such other provision is made for meeting the debt
requirement, in whole or in part, then the tax levy authorized by
subsection (1) of this section shall only be for such amount, if any, as
may be necessary over and above this other provision of funds. Upon the completion of any
bridge constructed under ORS 382.335 to 382.425, title thereto and full
control thereof shall be vested in Multnomah County, control to be
exercised on behalf of the county by the board of county commissioners.In all proceedings relative to the bonds or to bridge
construction, the County Clerk of Multnomah County shall be the clerk of
the board of county commissioners. The records of all proceedings shall
be recorded in the books of the county clerk.CITY BRIDGES Each
incorporated city in this state may erect and maintain bridges across
navigable or other water within or without the boundaries of the city
when found necessary or convenient and take such action and proceedings
as are suitable for obtaining the approval of the proper authorities of
the United States Government therefor._______________
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