As used in ORS 777.005 to 777.725 and 777.915 to 777.953, unless
the context requires otherwise:
(1) “Board” means the board of commissioners of a port.
(2) “County” means the county in which the port, or the greater
portion of the area of the port, is located.
(3) “County board” means the county court or the board of county
commissioners of the county.
(4) “County clerk” means the county clerk of the county.
(5) “Port” means a port formed pursuant to ORS 777.010 and 777.050.
(6) “Owner” or “landowner” means the record owner of real property
or the vendee of a recorded contract of purchase of real property, if
any, to the exclusion of the vendor. [Amended by 1971 c.728 §1; 1983 c.83
§109; 2003 c.802 §148] (1) Ports may be formed
in the manner provided in this section and ORS 777.050.
(2) A proposed port may include all the territory in one county.
However, where a petition is filed for formation of a port, the
territorial limits of which do not include the county as a whole, the
limits proposed by the petition shall not extend beyond the natural
watershed of any drainage basin whose waters flow into another bay,
estuary or river navigable from the sea situate within the county.
[Amended by 1959 c.602 §1; 1963 c.209 §1; 1967 c.342 §1; 1971 c.727 §182;
1971 c.728 §2; 2003 c.802 §149]
From the date of the formation order, the port
specified in the order shall:
(1) Have perpetual succession.
(2) Have, and may exercise and carry out, the corporate powers and
objects declared by ORS 777.005 to 777.725 and 777.915 to 777.953.
(3) Make all contracts, hold, receive and dispose of real and
personal property, and do all other acts and things which may be
requisite, necessary or convenient in carrying out the objects of the
corporation or exercising the powers conferred upon it.
(4) Sue and be sued, plead and be impleaded in all actions, suits
or proceedings brought by or against it. [Amended by 1971 c.727 §184;
1971 c.728 §10]
The Legislative Assembly
recognizes that assistance and encouragement of enhanced world trade
opportunities are an important function of the state, and that
development of new and expanded overseas markets for commodities exported
from the ports of this state has great potential for diversifying and
improving the economic base of the state. Therefore, development and
improvement of port facilities suitable for use in world maritime trade
at the Ports of Umatilla, Morrow, Arlington, The Dalles, Hood River and
Cascade Locks and the development of deepwater port facilities at
Astoria, Coos Bay, Newport, Portland and St. Helens is declared to be a
state economic goal of high priority. All agencies of the State of Oregon
are directed to assist in promptly achieving the creation of such
facilities by processing applications for necessary permits in an
expeditious manner and by assisting the ports involved with available
financial assistance or services when necessary. [1981 c.879 §6; 1993
c.106 §1]Note: 777.065 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 777 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
(1)
ORS chapter 255 governs the following:
(a) The nomination and election of district commissioners.
(b) The conduct of district elections.
(2) The electors of the district may exercise the powers of the
initiative and referendum regarding a district measure, in accordance
with ORS 255.135 to 255.205. [1983 c.350 §325]A port may enter into agreements with other ports to exercise
jointly all powers granted to any of the agreeing ports. The agreement
may authorize joint acquisition of real property or other interests in
land and may provide for the allocation among the agreeing ports of
expenses incurred or revenues received in the performance of the
agreement. [1981 c.879 §10]Note: 777.090 to 777.100 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 777 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.Any agreement between the
Port of Astoria, individually or in conjunction with another port,
pursuant to ORS 777.090, and the State Land Board shall specify a
division between the parties of all net revenues accruing from the
management of the deepwater port facility at Tongue Point. The State Land
Board’s share of the net revenues shall be transferred to the Department
of State Lands and credited to the Common School Fund. [1981 c.879 §9]Note: See note under 777.090.Annually, the directors of any
agreeing ports and the Director of the Department of State Lands shall
report to the Legislative Committee on Trade and Economic Development the
nature of all agreements made under ORS 777.090 and accomplishments
thereunder. [1981 c.879 §11]Note: See note under 777.090. A port may improve bays,
rivers and harbors within its limits and between its limits and the sea
for the width and length and to the depth the port considers necessary or
convenient for the use of shipping and as the means at its disposal will
allow. It may construct the canals, basins and waterways necessary or
convenient for the use of shipping or the extension of the commerce of
the port. [Amended by 1971 c.728 §12] Two or more ports may
enter agreements, to exercise jointly all powers granted to each of the
agreeing ports individually. In the exercise of such powers ports may
acquire jointly all lands, rights in real property, leases or easements
necessary for their purposes. However, ports so acting jointly shall not
acquire real property or rights in any other port without the consent of
such port. [1961 c.367 §2; 1971 c.728 §13] A port may:
(1) Contract with the federal government to do all or part of the
work of making or maintaining, or both, a depth of water in the bays,
harbors or rivers as determined by the federal government; and
(2) Receive therefor compensation as agreed between the federal
government and the port. [Amended by 1971 c.728 §14](1) A port may enter into intergovernmental agreements under ORS
chapter 190:
(a) To provide facilities or services that any of the parties to
the agreement might provide or perform separately for the improvement or
maintenance of the bays, harbors and channels of the Columbia River and
other Oregon rivers and streams; or
(b) To exercise the powers that any of the parties to the agreement
has to control the use of the waters, shores and banks thereof.
(2) Any port may enter into a contract with any person or into an
intergovernmental agreement under ORS chapter 190 for the use and control
of water for promoting erosion control, pollution control or otherwise
protecting, maintaining and enhancing waters within the boundaries of the
port district.
(3) Expenses incurred or revenues received in the performance of a
contract or agreement entered into under subsections (1) and (2) of this
section shall be allocated among the parties as the contract or agreement
shall provide. [1961 c.367 §3; 1971 c.691 §1; 1971 c.728 §139; 2003 c.802
§150]
Consistent with the purposes, functions and powers granted to it by law,
a port may provide research or technical assistance for the planning,
promotion or implementation of commercial, industrial or economic
development projects upon request by any public body as defined in ORS
174.109 within the boundaries of the port. [1977 c.209 §2; 2003 c.802
§151]Note: 777.113 was added to and made a part of ORS chapter 777 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) A port
may acquire, by condemnation or other lawful method, hold, use, enjoy and
convey, lease or otherwise dispose of real and personal property, or any
interest therein, necessary or convenient in carrying out its powers.
Condemnation proceedings shall be conducted as provided by ORS chapter 35.
(2) A port shall not purchase real property without first
appointing a disinterested independent appraiser to appraise the
property. If the appraiser determines the value of the property exceeds
$500,000, then the port shall appoint one additional appraiser who may be
either a port staff appraiser or a disinterested independent appraiser.
The appraisal shall fix the fair market value of the property proposed to
be purchased. This subsection, however, does not require a port to
purchase such property at the appraised value, nor shall the appraisal be
admitted in evidence in any condemnation proceeding.
(3) An appraiser appointed under this section shall be a state
certified appraiser, as defined in ORS 674.010.
(4) A port may purchase real or personal property upon a
contractual basis when the period of time allowed for payment under the
contract does not exceed 20 years. [1971 c.728 §17 (enacted in lieu of
777.115, 777.185 and 777.187); 1973 c.127 §2; 1975 c.43 §1; 1979 c.17 §1;
1991 c.5 §45; 1993 c.201 §1]
(1) To the full extent the State of Oregon might exercise control or
grant to ports the right to exercise control, a port has full control of
all bays, rivers and harbors within its limits, and between its limits
and the sea. As convenient, requisite or necessary or in the best
interests of the maritime shipping and commercial interests of the port,
a port may, within its limits:
(a) Make, change or abolish wharf lines in bays, rivers and harbors.
(b) By ordinance make, modify or abolish regulations for the use of
navigation, or for the placing of obstructions in or the removal of
obstructions from bays, rivers and harbors.
(2) A port shall have the authority to engage in the control and
prevention of river and stream bank erosion, and the prevention of damage
from floodwater and sediment, and to make, establish, change, modify or
abolish such rules and regulations to preserve natural resources and
prevent estuary and stream pollution within the boundaries of the
district. [Amended by 1971 c.268 §20; 1971 c.691 §2; 1971 c.728 §140](1) A port may establish,
maintain and operate a tugboat and pilotage service in the port and
between the port and the sea. To provide such service, it may purchase,
lease, control and operate tugboats and pilot boats and collect charges
from vessels employing such tugs for towage or pilotage services.
(2) The charges for towage and pilotage shall be fixed by the board
and filed in the records of the port. A port is entitled to a lien upon a
vessel for any sums due the port for piloting or towing such vessel. The
master and owner of such vessel shall, in addition, be jointly and
severally liable to the port for the sums due.
(3) If a vessel or cargo, while being towed by a vessel owned or
operated by a port or while under the charge of a pilot employee thereof,
suffers injury or loss by reason of the fault of the tug, or the
negligence or incompetency of the pilot, the port shall not be liable for
any loss or injury thereof in excess of $5,000.
(4) A port may claim and collect salvage for services rendered to
vessels in distress in the same manner as a natural person. [Amended by
1971 c.728 §20](1) A port may distribute
water for domestic purposes, industrial purposes, irrigation purposes or
for the purposes of recharging ground water basins or reservoirs within
or without the port.
(2) A port may construct, improve, maintain and operate public
marina or other recreation facilities. Such facilities may include
campgrounds or parks which the port may operate and maintain or lease to
public or private organizations or persons for operation and maintenance.
[1969 c.497 §3; 1971 c.728 §29; 1973 c.127 §1; 1974 c.39 §1; 1987 c.103
§1]Note: 777.132 was added to and made a part of ORS chapter 777 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) The power and authority
given a port is vested in and shall be exercised by a board of five
commissioners, each of whom shall be an elector registered in the port.
(2) Within 10 days after the formation of the port, the Governor
shall appoint the first board of five commissioners, each of whom shall
be an elector registered in the port.
(3) The commissioners shall meet at a place within the port,
designated by the Governor, on the fifth day after their appointment and
shall organize as a board, first making and subscribing to an oath of
office. The term of office of each commissioner shall be determined by
lot at the first meeting of the board. The terms of two of the
commissioners expire June 30 next following the first regular district
election, and the terms of the remaining three commissioners expire June
30 next following the second next regular district election.
(4) At the first regular district election following the
appointment of the first board, two commissioners shall be elected. At
the second regular district election following the appointment of the
first board, three commissioners shall be elected.
(5) Except as provided in subsection (3) of this section, the term
of commissioner is four years.
(6) The term of a commissioner shall expire when the commissioner
is absent from four or more consecutive regular meetings of the board of
port commissioners and the board declares the position vacant. The
vacancy shall be filled as provided by ORS 198.320. [Amended by 1967
c.185 §1; 1971 c.647 §136; 1971 c.727 §§185,200; 1971 c.728 §30; 1973
c.796 §74; 1983 c.83 §110; 1983 c.350 §318; 1995 c.705 §1] (1) Each
office of commissioner of the board of a port shall be designated by
number as Position No. 1, Position No. 2, and so forth.
(2) The secretary of a port shall assign a position number to each
office on the board. The number so assigned shall be certified by the
secretary to the commissioner in office holding that position. The
secretary shall file a copy of the certification with the elections
officer for the district. [1969 c.297 §2; 1971 c.728 §31; 1983 c.350 §319] (1) A board
shall meet at a place within the port as it may from time to time
determine. A board shall hold at least one regular meeting in each month
on a day to be fixed by it, and may hold special meetings as provided by
its rules.
(2) A board shall choose from its number a president, vice
president, treasurer and secretary, who shall hold their offices until
the next election of officers and who shall have the powers and perform
the duties usual in such cases. Annual reports shall be made by the
president, vice president, treasurer and secretary and filed with the
board.
(3) All proceedings of a board shall be entered in the records of
the board. All books, maps, plans, documents, vouchers, reports and other
papers and records pertaining to the business of the port shall be public
records. [Amended by 1971 c.728 §32] A port may employ engineers,
superintendents, mechanics, clerks or other persons as it may find
requisite, necessary or convenient and fix their rates of compensation.
[Amended by 1967 c.412 §1; 1971 c.403 §16; 1971 c.728 §36] Upon a petition of the
electors filed with the board within 10 days after the date of a boundary
or name change order a board shall subdivide the port. Such a petition
shall be signed by electors registered in the district equal in number to
at least 25 percent of the electors who voted at the last port election.
The board by resolution shall divide the port into five subdistricts
approximately equal in population. Not later than the 10th day after the
resolution is adopted, the secretary of the board shall file a certified
copy of the resolution with the county clerk of each county in which the
district is located. [Amended by 1963 c.268 §19; 1967 c.498 §3; 1971
c.727 §186; 1971 c.728 §37; 1983 c.83 §111; 1983 c.350 §320](1) At the first regular district election after
the effective date of the division of a port into subdistricts under ORS
777.155 or 777.326, one commissioner shall be elected from each
subdistrict. Thereafter election of commissioners shall be by subdistrict
and by the electors in each such subdistrict.
(2) The terms of office of the incumbent commissioners of a port
that is subdivided as provided by ORS 777.155 or 777.326 terminate on
June 30 following the first regular district election after the effective
date of the division of the port into subdistricts.
(3) The two commissioners who receive the greatest number of votes
cast at the election under subsection (1) of this section shall hold
office for the term of four years beginning July 1 following the
election. The three commissioners who receive the lesser number of votes
cast at the election shall hold office for the term of two years
beginning July 1 following the election. [Amended by 1963 c.268 §20; 1967
c.498 §4; 1971 c.727 §187; 1971 c.728 §38; 1973 c.796 §75; 1983 c.350
§321]Notwithstanding ORS 198.320, the Governor may
fill vacancies on the board of any port by appointment when the vacancies
exist as a result of the failure to nominate and elect board members as
provided in ORS 777.080, 777.135 and 777.160. The appointees shall be
electors registered in the port. If the port is divided into subdistricts
under ORS 777.155 or 777.326, the appointees shall be electors registered
in the subdistrict represented by the vacant position. The terms of the
appointees shall be determined by lot at a meeting of the board held
within five days after the appointment. However, the term of an appointee
shall expire on June 30 next following the succeeding regular district
election at which a successor is elected. The terms of the appointees
shall be arranged with the terms of the other members so that the terms
of not more than three commissioners expire on June 30 next following any
regular district election. [Amended by 1969 c.669 §18; 1971 c.728 §39;
1981 c.173 §53; 1983 c.83 §112; 1983 c.350 §322] All ports created
prior to April 17, 1920, under any special law of the Legislative
Assembly of this state shall, in addition to the powers they possessed on
that date, have all the powers possessed by ports under the general laws
of this state, except the power to borrow money and issue bonds under ORS
777.410 and 777.415. [Amended by 1971 c.728 §41] A
port may by ordinance in accordance with ORS 198.510 to 198.600 make,
modify or abolish regulations to provide for the policing, control,
regulation and management of property owned, operated, maintained or
controlled by the port. A port, for the purpose of enforcing such
ordinances, may appoint peace officers who shall have the same authority,
for the purpose of the enforcement of the ordinances, as other peace
officers. [1955 c.699 §§2,3,4; 1959 c.255 §1; 1971 c.268 §21; 1971 c.728
§42]A port may, for hire:
(1) Acquire, charter, own, lease, rent, dispose of, maintain and
operate towboats, barges and other watercraft for the transportation of
all kinds of merchandise, freight and commercial or recreational
passengers, and engage generally in maritime trade and commerce, within
or without the boundaries of this state.
(2) Own, acquire, construct, operate and maintain railroad terminal
grounds and yards; and construct, operate and maintain such line or lines
of railroad, with necessary sidetrack, turnouts, switches and connection
and arrangements with other common carriers, as may facilitate water
commerce between common carriers and points within the port; and carry
and transport freight and passengers and move passenger trains over the
lines.
(3) Acquire, own, lease, rent, operate, maintain and dispose of
unit trains and related facilities for the transportation of bulk
commodities to facilities within the port from locations within or
without the port. [1971 c.728 §22 (enacted in lieu of 777.130); 1979
c.109 §1; 1981 c.879 §2; 2001 c.883 §39f] A
port may:
(1) Establish, operate and maintain water transportation lines in
any of the navigable waters of this state and waters tributary thereto,
any portion of which may touch the boundaries of the port.
(2) Engage generally in the business of buying and selling coal,
fuel oil and all kinds of fuel for watercraft of all kinds.
(3) Acquire, construct, maintain or operate sea walls, jetties,
piers, wharves, docks, boat landings, warehouses, storehouses, elevators,
grain bins, terminal icing plants, facilities for processing
agricultural, fish or meat products, bunkers, oil tanks, ferries, canals,
locks, tidal basins, bridges, subways, tramways, cableways, conveyors,
power plants, power transmission lines, administration buildings and
fishing terminals, and modern appliances and buildings for the economical
handling, packing, storing and transportation of freight and handling of
passenger traffic with full power to lease and sell the same, together
with the lands upon which they are situated, whether held by the port in
its governmental capacity or not.
(4) For the public convenience and the convenience of its shipping
and commercial interests, may improve all or any portion of the
waterfront of its harbors, rivers and waterways.
(5) Enlarge its tidal area, and construct, excavate or dredge
canals and channels connecting its waterways with one another or with
other waterways and the sea.
(6) Acquire or construct, maintain or operate airports anywhere
within the port.
(7) Acquire, construct, maintain, operate, support, promote or
invest in facilities and related activities for the propagation of fish
in accordance with the commercial fishing laws. [1971 c.728 §23 (enacted
in lieu of 777.130); 1979 c.407 §3] A port may
collect from vessels using any port facility, wharfage, dockage and
drydockage; and collect from owners or consignees of goods passing over
the docks and warehouses, wharfage and storage charges for goods so
handled. [1971 c.728 §24 (enacted in lieu of 777.130)](1) A port may:
(a) Design, erect, complete, operate and maintain all necessary
hydroelectric, steam-generating, electric, oil, gasoline or other
power-producing plants or systems, for the purpose of generating
electrical current for lighting and power purposes.
(b) Acquire rights of way for the placing of transmission lines
over which to carry the electrical energy required between the points of
origin or production and the locations where such power may be carried
for distribution, and sell, lease and dispose of same.
(2) This section does not authorize a port to enter into the
business of supplying electric energy or services, or other power
service, to municipalities or to the public, or for any purpose other
than the construction or operation of docks, terminals, elevators or
other shipping facilities, or in any of the work ports are authorized by
law to engage in.
(3) Notwithstanding subsections (1) and (2) of this section, a port
may construct, acquire, own or operate, by itself or with other public or
private entities, electrical generating plants, electric distribution
facilities and related fuel supply and steam generation and distribution
facilities. However, the electric output of such plants or systems shall
not be sold or delivered, directly or indirectly, to any person or other
entity located within this state other than:
(a) An electric utility as defined in ORS 758.505; or
(b) The Bonneville Power Administration.
(4) The related fuel supply facilities of a port shall be
constructed and operated for the sole purpose of furnishing fuel to the
generating plants or systems owned by the port by itself or with other
public or private entities.
(5) Except as provided in subsection (6) of this section, natural
gas used to fuel the generation of electricity or energy by any port as
described in subsection (3) of this section shall be purchased from or
transported by an entity, if any, that is a public utility as defined in
ORS 757.005 and approved by the Public Utility Commission under ORS
758.400 to 758.475 to distribute natural gas in the service territory in
which the port is located.
(6) The rate charged a port by the public utility shall be the rate
found to be reasonable by the Public Utility Commission under ORS
757.230. When reviewing the rate, the Public Utility Commission shall
also determine the cost of alternatives to natural gas service from the
public utility. For the purposes of this subsection, the cost of
alternatives to natural gas service from the public utility is the cost
incurred by a person other than a port without consideration of
governmental entitlements that are available to a port but not to private
persons. If the rate acceptable to the public utility and found to be
reasonable by the Public Utility Commission is greater than such cost of
alternatives, the port may pursue other alternatives for natural gas
service. [1971 c.728 §25 (enacted in lieu of 777.130); 1985 c.773 §4;
1991 c.253 §1] A
port may advertise and promote the facilities and commerce of the port,
through public and trade media, exhibits, fairs, trade fairs and trade
tours, either alone or in cooperation with others or through associations
or organizations having similar interests. [1971 c.728 §26 (enacted in
lieu of 777.130)](1) A port may construct buildings or
other improvements and acquire personal properties including but not
limited to machinery and equipment considered necessary whether or not
now in existence or under construction, suitable for use by any industry
for the manufacturing, refining, processing or assembling of any
agricultural, mining or other products or by any commercial enterprise in
storing, warehousing, distributing or selling or servicing any products
of agriculture, mining or industry or by any profit or nonprofit
enterprise for research and development. The port has full power to lease
and sell the buildings, improvements and personal property, together with
the lands upon which they are situated, whether held by the port in its
governmental capacity or not.
(2) In addition, a port may:
(a) Acquire and develop land, or develop land already owned, as the
site for an industrial or research and development park, including as a
part of such development provisions for water, sewage, drainage, roads,
transportation, power, communication or other similar facilities which
are incidental to the development of the site;
(b) Develop the site pursuant to a comprehensive plan in a manner
compatible with other uses in the area in which the industrial or
research and development park is located and adopt regulations necessary
to implement the plan;
(c) Lease, sublease or sell tracts of land within an industrial or
research and development park as building sites to any industry or
commercial enterprise or profit or nonprofit enterprise described by this
subsection; and
(d) Charge and collect fees for services made available within the
industrial or research and development park.
(3) A port may acquire, construct, maintain or operate sports,
recreation, convention and trade show facilities.
(4) For revenue bonding purposes under ORS 777.560 to 777.590,
projects undertaken under this section shall be classified as either:
(a) Sales, if the port is to sell outright or by conditional sale
its interest in the property, or, if by contract the port’s title to the
property is retained for a limited term only;
(b) Leases, if the port is only to rent, lease, sublease or charge
a user fee for the property with the intention of retaining title to, or
possession of, the property for its future benefit and use; or
(c) Loans, if the port is to lend the proceeds of such revenue
bonds and has no ownership interest in the property. [1971 c.728 §27
(enacted in lieu of 777.130); 1979 c.109 §2; 1979 c.407 §1a; 1983 c.459
§15; 1987 c.103 §2; 1997 c.171 §22] A
port may, in general, do such other acts and things, not mentioned by ORS
777.195 to 777.258, as tend to promote the maritime shipping, aviation
and commercial interests of the port. [1971 c.728 §28 (enacted in lieu of
777.130)]
(1) The Legislative Assembly finds:
(a) That recent changes in federal law authorize the United States
Army Corps of Engineers to require ports and other local communities to
provide a portion of the costs of dredging harbors and channels near
those communities;
(b) That port districts and communities in this state cannot afford
to pay the costs necessary to continue the dredging activities that are
essential to keep the major harbors and waterways navigable for larger
vessels in maritime trade; and
(c) That the State of Oregon must therefore pay for such dredging
activities when ports cannot, or this state must tolerate the loss of
maritime trade and commerce that will inevitably result from the halt of
dredging activities.
(2) Therefore, it is the purpose of this section and ORS 777.267 to
provide a method of financing required dredging activities in the ports
of this state when those ports are unable to finance such activities.
[1989 c.1020 §1]Note: 777.262 and 777.267 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 777 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) There is
established in the State Treasury the Marine Navigation Improvement Fund.
The moneys in the fund and interest earnings on the moneys in the fund
are continuously appropriated to the Economic and Community Development
Department for the purposes of:
(a) Paying a portion of the costs of dredging activities that are
carried out in the harbors and channels on the Oregon coast and along the
Columbia River when federal law or regulation requires a portion of the
costs of such dredging to be paid by nonfederal interests; and
(b) Paying the study and construction costs of other new navigation
improvement projects that directly support a federally authorized
navigation improvement project.
(2) The Marine Navigation Improvement Fund established by this
section consists of moneys appropriated to the fund by the Legislative
Assembly, repayment of loans made with moneys in the fund and bond
proceeds deposited in the fund.
(3) Moneys in the fund shall be used primarily to make loans to
ports for eligible projects. The department may award a grant or provide
other assistance from moneys in the fund to a port for an eligible
project only if a loan is not feasible due to the financial hardship of
the port or other special circumstances, as set forth in rules adopted by
the department.
(4) Eligibility for assistance from the Marine Navigation
Improvement Fund shall be limited to and funded, subject to the
availability of funds, in the following order of priority:
(a) Federally authorized studies and construction of new navigation
improvement projects.
(b) Other new navigation improvement projects if the projects
directly support or provide access to a federally authorized navigation
improvement project or a federally authorized navigation channel.
(5) Financial assistance for construction costs under subsection
(4)(a) of this section shall be limited to those projects that have
completed all federally required studies and have confirmed positive
cost-benefit ratios as required by the National Economic Development Plan.
(6) Financial assistance for construction costs under subsection
(4)(b) of this section is limited to projects sponsored by a port, as
defined in ORS 777.005 or 778.005, that meet criteria developed by the
department.
(7) Financial assistance for studies of other new construction
projects under subsection (1)(b) of this section is limited to projects
that meet criteria developed by the department. [1989 c.1020 §2; 1991
c.461 §87; subsection (3) enacted as 1991 c.461 §88; 2001 c.570 §1; 2003
c.741 §13]Note: See note under 777.262. (1) A
port may own, acquire, construct, operate, improve and maintain pipelines
and related facilities for the transportation of products and materials
that promote the maritime shipping, aviation and commercial interests of
the port.
(2) A port may enter into connection and other agreements with
entities owning or operating pipelines and related facilities as may
assist the port with regard to its authority described in this section.
(3) A port may acquire by purchase, gift or the exercise of the
power of eminent domain rights of way for the placement of pipelines and
related facilities.
(4) This section does not grant any additional authority to a port
to own, purchase or sell the products and materials carried within the
pipelines, but only grants authority over pipelines and related
facilities used for transportation purposes.
(5) Except as otherwise specifically authorized by law, this
section does not authorize a port to exercise authority over natural gas
pipelines and related facilities, the transportation of natural gas or
the acquisition of natural gas pipeline rights of way. [1991 c.367 §2](Columbia River Channel Deepening Project) As used in ORS
777.277 to 777.287:
(1) “Channel Deepening Account” means the account in the Marine
Navigation Improvement Fund created by ORS 777.282.
(2) “Channel Deepening Debt Service Account” means the account in
the Marine Navigation Improvement Fund created by ORS 777.282.
(3) “Channel deepening project” means a project to deepen the deep
draft Columbia River navigation channel from an authorized depth of 40
feet.
(4) “Department” means the Economic and Community Development
Department.
(5) “Director” means the Director of the Economic and Community
Development Department.
(6) “Grant agreement” means the grant agreement described in ORS
777.284.
(7) “Oregon nonfederal share” means that portion of the cost of the
channel deepening project that is allocable to the Oregon sponsors and
that is not paid by the federal government, the State of Washington or
the Washington sponsors.
(8) “Oregon sponsors” means the Port of St. Helens, the Port of
Portland or any agency acting on behalf of the government of the State of
Oregon as a financial contributor to the channel deepening project.
(9) “Primary sponsor” means the Port of Portland as representative
of the Oregon sponsors.
(10) “Project cooperation agreement” means a written agreement
between the United States Government and a nonfederal sponsor that
requires the United States Government to construct, and the nonfederal
sponsor to share in the cost of, a project authorized under the Water
Resources Development Act or a similar Act of the United States Congress.
(11) “Washington sponsors” means the Port of Vancouver, the Port of
Kalama, the Port of Woodland, the Port of Longview or any agency acting
on behalf of the government of the State of Washington as a financial
contributor to the channel deepening project. [1997 c.644 §1; 1997 c.612
§16; 2002 s.s.3 c.6 §20; 2003 c.741 §14]Note: 777.277 to 777.287 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 777 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.(1) The Channel Deepening Account
is hereby created in the Marine Navigation Improvement Fund.
(2) Any earnings on amounts in the Channel Deepening Account shall
be credited to the Channel Deepening Account. All moneys on deposit from
time to time in the Channel Deepening Account, including investment
earnings thereon, shall be allocated and are hereby appropriated
continuously to the Economic and Community Development Department, and
shall be transferred by the department to the primary sponsor pursuant to
and upon the terms and conditions set forth in the grant agreement
entered into under ORS 777.284 to pay the Oregon nonfederal share.
(3) Notwithstanding directions for transfer of moneys to the
primary sponsor in subsection (2) of this section and the grant agreement
entered into under ORS 777.284 prior to August 29, 2003, the Economic and
Community Development Department shall transfer moneys in the Channel
Deepening Account on August 29, 2003, to the Channel Deepening Debt
Service Account for payment of bond-related costs for lottery bonds
issued under ORS 285B.551 (5) and section 12, chapter 741, Oregon Laws
2003, and for lottery bonds issued for channel deepening under ORS
285B.551 (3) and section 6, chapter 942, Oregon Laws 2001.
(4) The Channel Deepening Debt Service Account is hereby created in
the Marine Navigation Improvement Fund.
(5) Any earnings on amounts in the Channel Deepening Debt Service
Account must be credited to the Channel Deepening Debt Service Account.
All moneys on deposit from time to time in the Channel Deepening Debt
Service Account, including investment earnings thereon, and all amounts
required by this section to be deposited in the Channel Deepening Debt
Service Account, shall be allocated and are hereby appropriated
continuously to the Economic and Community Development Department for
payment of bond-related costs for lottery bonds issued under ORS 285B.551
(5) and section 12, chapter 741, Oregon Laws 2003, and for lottery bonds
issued for channel deepening under ORS 285B.551 (3) and section 6,
chapter 942, Oregon Laws 2001.
(6) The restrictions on the use of moneys in the Marine Navigation
Improvement Fund set forth in ORS 777.267 do not apply to moneys in the
Channel Deepening Account or the Channel Deepening Debt Service Account.
[1997 c.644 §3; 2001 c.942 §9; 2003 c.741 §15]Note: See note under 777.277.(1) Within six months after August 29, 2003, the
Director of the Economic and Community Development Department shall enter
into, or modify, a grant agreement with the primary sponsor that commits
the Economic and Community Development Department to request that the
State Treasurer issue lottery bonds as provided in ORS 285B.551 (3) and
section 6, chapter 942, Oregon Laws 2001, to obtain lottery bond proceeds
for deposit in the Channel Deepening Account for payment of the Oregon
nonfederal share.
(2) The total amount paid to the primary sponsor pursuant to the
grant agreement may not exceed the lesser of the amount of the Oregon
nonfederal share or the total amount deposited in the Channel Deepening
Account. The grant agreement:
(a) Shall specify a method for determining the total amount of the
Oregon nonfederal share; and
(b) May not contain provisions or be construed or enforced in any
manner that would cause the grant agreement to constitute a debt or
liability of the state that violates section 7, Article XI of the Oregon
Constitution. [1997 c.644 §4; 2001 c.942 §10; 2002 s.s.1 c.8 §3; 2003
c.741 §16]Note: See note under 777.277. The Oregon sponsors are
each hereby authorized to enter into agreements with agencies of the
United States for the channel deepening project and, notwithstanding any
other provision of law, may each agree to be bound by any requirement
imposed by an Act of the United States Congress as a condition of federal
participation in the channel deepening project. [1997 c.644 §5]Note: See note under 777.277.(Annexation)(1)
This section applies when an annexation would increase the area of a port
by one-half or more, or would increase the assessed value of taxable
property within a port by one-half or more. An annexation proposal
subject to this section, if approved by the county board, shall be
submitted to the electors at an election which shall be held at the same
time as a primary election or general election.
(2) When the county board orders an election on the annexation
proposal, the board shall adopt an order dividing or redividing the area
of the port, including the territory annexed, into five subdistricts. The
boundaries of the subdistricts shall be determined in accordance with ORS
777.155 and shall be described in the order calling the election on the
proposed annexation.
(3) At the first regular district election following the effective
date of the annexation, one commissioner from each of the five
subdistricts established under subsection (2) of this section shall be
elected. The terms of the incumbent commissioners shall terminate and the
terms of the commissioners elected under this subsection shall commence
as provided in ORS 777.160.
(4) If the annexation is approved, the order proclaiming the
annexation shall also describe the boundaries of the subdistricts
established as provided by subsection (2) of this section. [1967 c.498
§2; 1971 c.647 §140; 1971 c.727 §§188,201; 1971 c.728 §49; 1983 c.350
§323; 1987 c.267 §79; 1995 c.712 §111; 1997 c.541 §386] The
Department of State Lands is authorized to consent to annexation with
respect to any land owned by the State of Oregon, under the jurisdiction
of the department, which is located in the territory proposed to be
annexed. [1963 c.268 §12; 1971 c.727 §189] When territory not part of another
port or wholly belonging to the state or federal government is surrounded
by the boundaries of a port, the board of the surrounding port may, by
resolution, annex the territory to the port with or without the consent
of any resident or owner of property within the territory and without
submitting the proposed annexation to the electors for approval. [1963
c.268 §13; 1971 c.728 §52] A board may, within 60 days
following an order of annexation, change the name of the port by order
made at any regular meeting. Notice of the proposed change, including the
new name, shall be given by publication in a newspaper of general
circulation in the port once a week for three successive weeks prior to
the meeting. [1963 c.268 §16; 1971 c.727 §190; 1971 c.728 §54](Port Fiscal Matters) (1)
Money of a port shall be deposited in one or more banks designated by the
board. Funds shall be withdrawn only when previously ordered by the
board, upon a check signed and countersigned by such persons as may be
authorized by resolution of the board.
(2) A receipt or voucher showing clearly the nature and items
covered by each check drawn shall be kept on file. [Amended by 1971 c.728
§33; 1989 c.428 §1] (1)(a) For the
purpose of carrying into effect any of the powers granted by ORS 777.105
to 777.258, a port may, when authorized so to do by the electors, borrow
money and sell and dispose of bonds, which shall constitute a general
obligation of the port and be secured by the port’s full faith and
credit. The bonds shall be secured by the taxing power of the port as
provided in ORS 777.430 (2). In addition, the port may provide that the
bonds shall be payable from and secured by a lien and pledge of all or
any part of the revenues derived by the port from the facilities
constructed from the proceeds of the bonds. Bonds outstanding at any one
time shall never exceed in the aggregate two and one-half percent of the
real market value of all taxable property within the port, computed in
accordance with ORS 308.207.
(b) A port may provide for the creation of special trust funds and
may authorize the appointment of a trustee to administer such funds. A
port may obligate itself to set aside and pay into a special trust fund
any revenues pledged to the payment of bonds. A port, from available
funds, may establish and fund debt service, operation and maintenance
reserves.
(c) Proceeds from the sale of bonds may be used by a port to pay
the costs incurred in issuing the bonds, to pay the costs of preliminary
work incident to issuing and selling the bonds, including but not limited
to planning, engineering, inspection, accounting, fiscal, legal, trustee
and other similar expenses, to pay interest on the bonds for such time as
the port may determine, but not exceeding six months beyond completion of
the facilities financed with the bonds, and to establish reserves for
debt service on the bonds.
(2) Without elector approval the board may, whenever it determines
that an emergency exists, issue bonds, within the limitation provided by
subsection (1) of this section, in an aggregate amount not exceeding
$100,000 in any period of 12 months. Bonds shall not be issued under this
subsection to provide funds for the acquisition of land. Bonds issued
under this subsection shall be issued and sold in accordance with
subsection (3) of this section but shall mature in such length of time,
not exceeding five years, as the board determines.
(3) All bonds issued under this section shall bear interest at the
rate of percent per annum established by ORS 288.515 to 288.600 and shall
be issued on such terms and conditions and at such time or times as the
board shall determine. They shall be sold in the manner and under the
conditions provided by ORS 777.500. Bonds issued under this section and
ORS 777.415 shall be executed in behalf of the port by its president and
secretary, shall be in denominations of $1,000 or multiples thereof, and
shall mature in installments beginning not more than five and ending not
more than 30 years from issue date. [Amended by 1957 c.375 §1; 1963 c.9
§37; 1965 c.223 §1; 1971 c.728 §71; 1973 c.127 §3; 1977 c.698 §1; 1981
c.94 §52; 1981 c.289 §1; 1985 c.773 §2; 1991 c.459 §439]
When it is proposed to borrow money or to sell and dispose of bonds as
authorized by ORS 777.410 (1), a board shall first pass a resolution
authorizing the borrowing of money and the issuance and sale of bonds.
The resolution shall state the amount of money to be raised, the maximum
rate of interest that the bonds will bear and the nature and terms of the
bonds. The resolution also shall state the general purpose for which the
moneys to be raised are to be used. The question of issuance of the bonds
shall then be referred by the board to the electors of the port at a
special election to be called for that purpose. The money raised shall be
expended for no other purpose than that expressed in the resolution and
the purpose shall be stated in the ballot title used in the election. A
contract involving the expenditure of funds to be raised under ORS
777.410 (1) shall not be entered into by the board until the borrowing of
the funds is approved by a majority of those voting on the question at
the special election provided for by this section. [Amended by 1957 c.375
§2; 1971 c.647 §142; 1971 c.728 §72] (1) In carrying out the purposes of
ORS 777.005 to 777.725 and 777.915 to 777.953, a port may assess, levy
and collect taxes upon all taxable real and personal property situated
within the port, in an amount each year not to exceed one-fourth of one
percent (0.0025) of the real market value of the property, computed in
accordance with ORS 308.207.
(2) Each year a port may also assess, levy and collect a tax upon
all such property in an amount sufficient to pay the yearly interest on
general obligation bonds or other evidences of indebtedness theretofore
issued by the port and then outstanding, together with any portion of the
principal of general obligation bonds maturing within that year. The tax
shall be applied only in payment of interest and principal of such bonds
or indebtedness. However, the board may apply any other funds it may have
toward such payments.
(3)(a) A port may assess, levy and collect a tax upon all taxable
real and personal property situated within the port for the purpose of
providing revenue to a city or county in which the port is located for
law enforcement services provided by the city or county within the
boundaries of the port.
(b) A tax described in this subsection may be levied only as
prescribed under ORS 280.040 to 280.145.
(c) The transfer of moneys raised pursuant to this subsection to a
city or county for funding law enforcement services of the city or county
within the port is a public purpose for which a port levying a tax under
this subsection has been organized. [Amended by 1963 c.9 §38; 1971 c.728
§73; 1991 c.459 §440; 2001 c.500 §1] (1) Taxes
authorized by ORS 777.430 shall be levied in each year and returned to
the county officer whose duty it is to extend the tax roll by the time
required by law for city taxes to be levied and extended. The county
officer whose duty it is to extend the county levy shall extend the levy
of a port in the same manner as city taxes are extended.
(2) All taxes levied by a port become payable at the same time and
shall be collected by the same officers as regular county taxes. The
county officers collecting the taxes shall pay them to the treasurer of
the port as provided by law. [Amended by 1971 c.728 §74]For purposes of ad valorem taxation, a boundary change must
be filed in final approved form with the county assessor and the
Department of Revenue as provided in ORS 308.225. [2001 c.138 §52]If a port fails or refuses to levy the special tax provided by
ORS 777.430 (2), within the time provided, in an amount sufficient to pay
the interest accruing during the 12 months following October 1 next
ensuing on bonds theretofore issued by the port and then outstanding,
together with any portion of the principal of such bonds maturing within
the 12 months, the county board of the county in which the port is
located, shall levy at its July term immediately following such failure
or refusal by the port, a tax on all the taxable real and personal
property situated within the port, at a rate sufficient to pay such
interest and principal. [Amended by 1971 c.728 §75] (1) Taxes
levied under ORS 777.440 by the county board shall be assessed and
collected as if the levy had been made by the port itself.
(2) However, taxes thus levied by the county board shall not be
paid to the treasurer of the port by the county officers collecting the
tax, but shall be paid to the county treasurer to the credit of the port
issuing the bonds to be used for the purpose provided by subsection (3)
of this section.
(3) The county treasurer shall pay from the fund the interest on or
maturing principal of any bond described by ORS 777.440 as it becomes
due, and at such places as are designated in the bonds or interest
coupons thereof, or upon the presentation at the county treasurer’s
office of the bonds or coupons, which must show the amount due and the
number and series of the bond.
(4) All bonds or coupons thereof thus paid shall be immediately
reported by the county treasurer to the port board.
(5) On October 1 of the next calendar year following the year of
the levy by the county board, the county treasurer shall ascertain the
exact amount of interest and principal payable and still remaining
unpaid. The county treasurer shall retain from the fund an amount
sufficient to pay such principal and interest and pay to the treasurer of
the port any balance of the fund remaining after making such deduction.
[Amended by 1971 c.728 §76]In addition to other powers granted a port, a
port may, at any time, upon proper resolution adopted by the board, issue
promissory notes to assist it in carrying out the powers granted the port
under this chapter. The promissory notes shall not exceed a term of five
years and shall bear interest not to exceed the rate established for
bonds under ORS 288.515 to 288.600. A port shall not have more than $1
million in promissory notes outstanding at any one time. No tax-derived
revenues shall be pledged or used to retire the notes. The notes shall be
signed by the president and the treasurer of the port and shall state
what assets and revenues of the port shall be security for the notes and
that the notes do not constitute a full faith and credit pledge of the
port. No officer or employee of the port shall hold promissory notes
under this section. Expenditure of note proceeds and payment on notes
issued under this section shall first be properly budgeted in accordance
with the Local Budget Law. [1979 c.119 §2; 1981 c.94 §53; 1993 c.97 §28;
1999 c.177 §1]A port may, in accordance with ORS 777.455 to 777.505, issue
refunding bonds for the purpose of refunding and retiring all or any part
of its outstanding bonds when the holders are willing to surrender such
bonds. When judgment is taken against a port based on bonds and interest
coupons issued by the port, refunding bonds may be issued to provide
funds with which to pay such judgment. Such bonds may be issued, pursuant
to an ordinance or resolution adopted by the board, without elector
approval. Such bonds may be issued in the full amount of the outstanding
bonds and any judgment on bonds and interest coupons less any sinking
funds applicable thereto. The full faith and credit of the issuing port
shall be pledged to the payment of the principal of and interest on each
of such bonds. Debt limitations imposed by law do not apply to refunding
bonds. [Amended by 1971 c.728 §77] (1) The
refunding bonds shall bear interest at a rate determined by the board,
payable semiannually, and shall be in such denominations and mature at
such times as determined by the board, but the bonds must all mature not
later than 30 years after their date of issue.
(2) The board may provide that the bonds are subject to call and
redemption prior to maturity, in numerical order, in inverse numerical
order or in the entire amount of the issue outstanding. The bonds may be
called only on interest-paying dates.
(3) Before calling bonds containing optional provisions, the port
shall publish a notice of call in one issue of a newspaper specializing
in financial matters published in New York, New York, at least 30 days
before such interest-paying date.
(4) Callable refunding bonds, at the option of the board, may be
called and retired or may be refunded again in accordance with the terms
of the bonds and the provisions of ORS 777.455 to 777.505.
(5) Both the principal of the bonds and the interest thereon, when
due, shall be paid in lawful money of the United States at the office of
the treasurer of the issuing port, or at the fiscal agency of the State
of Oregon in the City and State of New York, at the option of the board.
[Amended by 1971 c.728 §78; 1981 c.94 §54] The refunding bonds may be
exchanged par value for par value for the bonds they are issued to refund
and may be issued and delivered to a judgment creditor in the amount of
the judgment, or the bonds may be advertised for sale and sold for not
less than the par value thereof.Upon issuance of any refunding
bonds the port board shall levy a tax sufficient to pay the principal and
interest of such bonds at maturity. If the bonds are serial bonds the tax
shall provide an amount of money sufficient to pay the next maturing
installment of principal and the interest on the entire issue. If the
bonds are issued as term bonds the tax shall be sufficient to raise an
amount of money, which, if the same amount were raised each year
thereafter for the life of the bonds, would produce a sum equal to the
principal amount of the bonds so issued. The proceeds of taxes levied
under this section shall be set aside when collected into a special fund
and used for no other purpose than the payment of the bonds so issued.
[Amended by 1971 c.728 §81] If there
is a default in payment of principal or interest of bonds issued pursuant
to ORS 777.455, the holders thereof shall be reinvested with and have all
the remedies they would have had if they were holding obligations
refunded by the issuance of such bonds. [Amended by 1971 c.728 §82] The authority
contained in ORS 777.455 to 777.505 is supplemental and in addition to
all other powers granted to port districts to issue bonds. [Amended by
1971 c.728 §83](1) A board may enter into agreement with the holders
of its outstanding indebtedness providing for compromise of the
indebtedness and the refunding thereof by the issuance of bonds under ORS
777.455. An agreement may provide for the amount of refunding bonds to be
issued, the interest rate the bonds are to bear, the dates of maturity of
the bonds and the amount of money to be raised by taxes each year to pay
the principal of and interest on the bonds. When an agreement is entered
into, a port shall have complete authority to issue bonds in accordance
therewith.
(2) The board may provide in the ordinance authorizing such
refunding bonds:
(a) For setting aside a sinking or other fund into a special trust
fund for payment of the bonds.
(b) For the pledging of taxes and other revenues directly to the
payment of the principal of or interest on the bonds or to the sinking
fund.
(c) For limitations on subsequent borrowings by the port either in
the nature of permanent debt or temporary financing.
(d) For limitations on the amounts of appropriations in subsequent
budgets for operating expenses.
(3) A port has all necessary authority to carry out the terms and
conditions so included in any such ordinance. The validity of the
refunding bonds, however, shall not be dependent upon nor affected by the
validity or regularity of the ordinance provisions enumerated in
subsection (2) of this section. [Amended by 1971 c.728 §84](1) Refunding bonds shall be
advertised for sale at least once each week for not less than two
successive weeks in a newspaper of general circulation published within
the port or, if there is no such newspaper, then in a newspaper published
in the county in which the port is located.
(2) All bids for such bonds shall be in writing and be sealed and,
unless the sale is made to the sinking fund of the particular port or to
the State of Oregon, shall be accompanied by a certified check or a
cashier’s check upon a bank doing business in this state for an amount of
not less than two percent of the par value of the bonds for which the bid
is submitted. Bids shall be opened publicly at the time and place
specified in the advertisement. The bonds shall be sold for cash.
(3) If the bids for the purchase of the bonds are not satisfactory,
the board may reject any and all of the bids and may readvertise for bids
in the manner provided by this section.
(4) The date of sale shall not precede by more than four months the
first succeeding date upon which the bonds to be refunded thereby will
mature or may be called, redeemed or otherwise retired. [Amended by 1971
c.728 §79; 1981 c.94 §55](1) Refunding bonds, upon
payment therefor in cash, may be delivered to the purchaser thereof at
any time after sale date, but not later than the date as of which the
refunded bonds have been called for payment. The bonds shall be delivered
at the place in the State of Oregon designated by the board in the notice
of sale of the bonds.
(2) Proceeds of sale of the bonds equal to the total par value of
the bonds refunded shall be deposited at the fiscal agency mentioned in
ORS 777.460 in conformity with the laws relating to deposits of funds
with the fiscal agency or, at the option of the issuing port, pursuant to
ORS 295.005 to 295.165, in a special trust account to be used solely for
the payment of the principal of the outstanding refunding bonds and for
no other purpose.
(3) The outstanding refunded bonds shall be redeemed and retired as
soon as possible after the date of sale of the refunding bonds issued in
lieu thereof, but in no case shall such refunding bonds be invalidated by
reason of the failure of the port to redeem or retire the refunded bonds.
[Amended by 1967 c.451 §29; 1971 c.728 §80] A port board may issue
warrants drawn upon any officer designated the custodian of money
belonging to or credited to the port. Warrants shall be signed by the
treasurer and countersigned by the president of the port or in the
absence or inability of the president to act, by the vice president.
Warrants shall show upon their face the nature and extent of the
obligation satisfied. They may be used in payment of any obligation of
the port, including expenses of operation, payment of the principal
amount of port bonds at their maturity and in payment of interest or
interest coupons of the bonds at the time the interest becomes due and
payable. [Amended by 1971 c.728 §34] (1) The
treasurer of a port, or the treasurer of the county who is the legal
custodian of funds belonging to or credited to a port, shall pay the
warrants of the port when presented, if the treasurer has money in
custody for the purpose of paying the obligation for which the warrant
was given. The treasurer shall write on the face of the warrant the date
of redemption and the treasurer’s signature.
(2) If there are no funds in the custody of the port treasurer to
pay the warrant when presented, the port treasurer shall indorse thereon
“Not Paid for Want of Funds” and the date of presentment over the
signature of the port treasurer. The warrant shall draw interest at the
legal rate from the date of such indorsement. Thereafter, the county
treasurer, upon presentment of the warrant, shall pay upon the warrant
any funds which may come into the county treasurer’s custody for the
purpose of paying the obligation for which the warrant was issued and
shall, over the signature of the county treasurer, indorse the amount of
the payment upon the warrant with the date of the payment.
(3) However, a warrant drawn in payment of the principal or face
amount of a port bond shall in no event draw interest in excess of the
rate of interest expressed upon the face of the port bond, and the rate
of such interest shall appear upon the face of the warrant. Interest on a
warrant shall cease from the date of notice by publication in some
newspaper printed or circulated in the county. Notice shall be given by
the port treasurer authorized to redeem the warrant, stating that there
are funds to redeem outstanding warrants. The treasurer shall give notice
when the treasurer has $10,000 belonging to the fund. [Amended by 1971
c.728 §35]
(1) A port may assess, levy and collect each year in addition to other
taxes which it is by law authorized to levy, a special tax upon all
taxable real and personal property situated within the port.
(2) Such annual levy shall not exceed one-tenth of one percent. The
proceeds thereof shall be used only in the purchase on the open market of
bonds of the port, at such prices, as the board determines.
(3) All funds collected from such levy shall be placed in a
separate fund, designated the bond sinking fund, and shall be used
exclusively for the purposes provided by this section as long as the
principal of any bond of the port remains outstanding or unpaid. After
the principal of all bonds of the port has been paid, the balance
remaining in such fund may be transferred to any other fund as the board
may direct. [Amended by 1971 c.728 §85](1) When a port constructs or acquires a
local improvement which the port is authorized to construct or acquire,
the board of that port may levy special assessments against property
within the port in proportion to the benefits such property will receive
on account of the construction or acquisition of the local improvement.
However, before proceeding to construct or acquire a local improvement
for which special assessments will be levied, the board shall adopt an
ordinance that:
(a) Describes the local improvement to be constructed or acquired
and the part of the work to be undertaken immediately;
(b) Contains a preliminary estimate of the probable cost of the
local improvement;
(c) Determines the manner of financing the local improvement. The
board may provide that the cost of the construction or acquisition shall
be paid in part by assessments against the property directly benefited
and in part out of general funds, ad valorem tax levies, the proceeds of
the sale of bonds, service charges or any combination of such sources.
The determination of the board as to the proportion of cost allocation
shall be based on its sound discretion;
(d) Describes one or more assessment districts containing the
properties against which the cost of the local improvement will be
assessed;
(e) Provides for the method of assessment, the recording of
assessment liens on properties that are directly benefited and for the
making of supplemental assessments and rebates;
(f) Contains provision for a notice to be mailed to each affected
property owner announcing the intention of the board to construct or
acquire a local improvement, to create one or more assessment districts
and to assess benefited property for a part or all of the cost; and
(g) Provides for a hearing not sooner than 20 days after the
mailing of the notices described in paragraph (f) of this subsection at
which affected property owners may appear to support or object to the
proposed local improvement and assessment. The board shall consider such
objections and may adopt, correct, modify or abandon the proposed local
improvement or assessments.
(2) Special assessments in the port shall, so far as practicable,
be apportioned within the port in accordance with the special and
peculiar benefit each lot or parcel of land receives from the
construction or acquisition of a local improvement.
(3) Special assessment districts authorized by this section may be
established for, and limited to, financing the costs of planning and
engineering required for the construction or acquisition of a local
improvement.
(4) As used in this section, “local improvement” has the meaning
given that term by ORS 223.001. [1989 c.644 §2; 1991 c.902 §117]Note: 777.530 and 777.535 were added to and made a part of ORS
chapter 777 by legislative action but were not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further
explanation. The
provisions of ORS 223.205 to 223.314 (Bancroft Bonding Act) and ORS
223.770 relating to the assessment of property benefited by public
improvements and to the issuance of bonds and other obligations for the
cost of such improvements, shall apply insofar as practicable and
applicable in relation to the assessment by ports of the cost or any
portion of the cost of improvements against the property benefited in
accordance with ORS 777.530 and to the issuance of bonds and other
obligations by the port. However, notwithstanding ORS 223.295, the
limitation specified in ORS 777.410 (1)(a) on the amount of general
obligation bonds outstanding at any one time applies to bonds and other
obligations issued under this section. [1989 c.644 §3; 1991 c.902 §116;
1995 c.333 §21; 1997 c.249 §223]Note: See note under 777.530.
For the purpose of carrying into effect any of the powers granted to
ports, a port may issue and sell revenue bonds in accordance with ORS
777.560 to 777.590 without the necessity of obtaining the prior approval
of the electors of the port. Proceeds from the sale of revenue bonds may
be used by the port in its governmental capacity or loaned to private
parties. The proceeds may be used to cover the costs incurred in issuing
the bonds, and preliminary work incident to carrying out such purposes
and powers, including but not limited to planning, engineering,
inspection, accounting, fiscal, legal and trustee expenses, the cost of
issuance of bonds, engraving, printing, advertising and other similar
expenses, and to pay interest on the outstanding bonds issued for any
project during the period of actual construction and for six months after
the completion thereof. Revenue bonds shall not be a general obligation
of the port nor a charge upon the tax revenues of the port, nor a charge
upon any other revenues or property of the port not specifically pledged
thereto. [1955 c.423 §2; 1959 c.337 §1; 1971 c.728 §86; 1993 c.97 §29](1) Revenue bonds shall be authorized by
resolution or ordinance of the board. The resolution or ordinance shall
provide for the creation of a special trust fund, authorize the
appointment of a trustee to administer the fund, and obligate the port to
set aside and pay into the special trust fund all, or a portion, of its
nontax-derived revenues not otherwise pledged or committed for other
purposes for any activity authorized by ORS 777.105 to 777.258, other
than an activity under ORS 777.250 (4)(a) or (c). For a facility or
facilities designated under ORS 777.250 (4)(a) or (c), no revenues other
than those derived from the particular facility or facilities to be
financed by the sale of the particular issue of revenue bonds then being
authorized shall be pledged. The board may, in addition, pledge for the
payment of the principal and interest of any issue of such bonds any
property of the port not pledged for other purposes. However, with
respect to revenue bonds issued to finance a facility or facilities
designated under ORS 777.250 (4)(a) or (c), the board, in addition, may
only pledge or mortgage such facilities including buildings, improvements
or properties, and any land acquired in connection with such facilities,
for the benefit of the holders of revenue bonds issued therefor. Notice
that action upon the bond resolution or ordinance will be taken at the
designated meeting of the board shall be given for a period of not less
than two consecutive weeks, prior to the meeting, by publication once
each week in a newspaper of general circulation, published within the
port or, if there be no such newspaper, in a newspaper of general
circulation, published within the county.
(2) A special trust fund created by a resolution or ordinance
adopted under subsection (1) of this section shall be used solely for
payment of principal and interest due upon the revenue bonds issued and
sold pursuant to the resolution or ordinance, and to the payment of the
costs and expenses enumerated in ORS 777.560.
(3) The resolution or ordinance may provide that if the money in
the special trust fund is insufficient to pay the revenue bonds the bonds
shall be payable out of any part or all of other nontax-derived revenues
of the port. However, for a facility or facilities designated under ORS
777.250 (4)(a) or (c), no revenues other than those derived from the
particular facility or facilities to be financed by the sale of the
particular issue of revenue bonds then being authorized shall be pledged.
When all bonds and expenses thereof have been paid so that no charge
remains upon the special fund, the board may, by resolution or ordinance,
transfer any balance remaining in the fund to its general fund, discharge
the trustee and dissolve the special fund. The trustee authorized to
administer the fund may, subject to approval of the board, invest and
reinvest moneys in the special fund in securities in which the State of
Oregon may by law invest.
(4) ORS 777.560 to 777.590 and the provisions of the resolution or
ordinance authorizing a revenue bond issue constitute a contract with the
holders of the bonds, and shall be enforceable by any owner or holder of
the bonds. [1955 c.423 §3; 1959 c.337 §2; 1965 c.223 §3; 1967 c.621 §1;
1971 c.728 §87; 1979 c.407 §2; 1997 c.171 §23]Revenue bonds issued under ORS 777.560 to
777.590:
(1) Shall be negotiable instruments.
(2) Shall bear such dates, mature at such times, be payable at a
designated place or at the fiscal agency of the State of Oregon, as
determined by the board, and bear such rate or rates of interest either
fixed or variable under a formula fixed at the time of issuance as the
board may authorize.
(3) Shall contain a recital that principal and interest on the
revenue bonds are payable solely out of revenues and property of the port
pledged to the payment thereof by the ordinance of the board authorizing
the issue of which the bonds are a part.
(4) May be in registered or coupon form or may be in registered
form with the privilege of converting to coupon form.
(5) May contain covenants of the port to protect and safeguard the
security and rights of holders of such bonds and such other terms and
conditions, in conformity with ORS 777.560 to 777.590, which the board
determines are necessary or desirable to protect the port or increase the
marketability of the bonds.
(6) Shall be in the form prescribed by the board and executed with
either the autograph or facsimile signature of the president and
countersigned by the secretary of the port. However, coupons, if any,
attached to the bonds need bear only the printed or lithographed
facsimile signature of the president and the secretary.
(7) May be issued with the right reserved to the board to redeem
the bonds at par or at par plus a premium, in numerical order or in
inverse numerical order, upon a designated interest-paying date or dates
prior to the final maturity date or dates of the bonds. Notice of
redemption shall be given in the manner specified in the bonds, as
provided in ORS 288.520. Newspaper publication of notice of redemption is
not required for bonds that are in registered form. [1955 c.423 §4; 1959
c.337 §3; 1965 c.223 §4; 1971 c.728 §141; 1971 c.778 §1; 1981 c.879 §3;
1997 c.171 §24] (1) The board may from time to time sell
revenue bonds authorized pursuant to ORS 777.565, as provided by this
section.
(2) Except as provided by subsections (3) and (4) of this section,
the bonds shall be advertised for sale at least once each week for not
less than two successive weeks in a newspaper of general circulation
published within the port or, if there is no such newspaper, then in a
newspaper published in the county. Bids shall be in writing and be sealed
and, unless the bidder is the State of Oregon, accompanied by a certified
check or a cashier’s check upon a bank doing business in this state in an
amount not less than two percent of the par value of the bonds. Bids
shall be opened publicly at the time and place specified in the
advertisement. If the bids are not satisfactory, the board may reject any
and all bids and may readvertise for bids in the manner provided by this
subsection.
(3) The board may sell any of the bonds to the federal government
or any agency thereof at private sale without advertisement or calling
for bids.
(4) Revenue bonds including revenue bonds to refund such bonds of a
port may be sold to any person either at a public or private sale without
advertisement or calling for bids as the board may in its sole discretion
determine. [1955 c.423 §5; 1959 c.337 §4; 1965 c.223 §5; 1967 c.416 §1;
1971 c.728 §89; 1981 c.94 §56] (1) A port may, without the
necessity of authorization from the electors of the port, issue and sell
its refunding revenue bonds for the purpose of redeeming revenue bonds
which are outstanding or paying interest due thereon:
(a) At maturity pursuant to redemption provisions in the
outstanding revenue bonds; or
(b) At any time before maturity if the holders of the outstanding
revenue bonds consent or if the outstanding revenue bonds authorize
redemption before maturity.
(2) ORS 777.560 to 777.590 apply to bonds authorized to be issued
and sold under this section. [1955 c.423 §7; 1959 c.337 §6; 1965 c.223
§7; 1971 c.728 §90](1) ORS 777.560 to 777.590 are complete authority
for the issuance and sale of revenue bonds and refunding revenue bonds.
Any restrictions, limitations, conditions or procedure provided by other
statutes relating to issuance and sale of bonds or other obligations do
not apply to the issuance and sale of revenue bonds and refunding revenue
bonds under ORS 777.560 to 777.590.
(2) The lease of any property of the port and the pledging of
revenues therefrom to the payment of the costs and expenses enumerated by
ORS 777.560, and to the payment of principal and interest on bonds issued
and sold under ORS 777.560 to 777.590, shall be considered to further the
public interest within the meaning of ORS 271.310. [1955 c.423 §8; 1959
c.337 §7; 1965 c.223 §8; 1971 c.728 §91; 2005 c.443 §27](Special Elections) When a board desires to hold an election
for the purpose of submitting to the electors of the port any measure
that may lawfully be submitted to the electors, at any meeting called in
accordance with its rules or the statutes governing the board, the board
may adopt a resolution calling a special election. In the resolution the
board may describe in general terms the measures which are to be
submitted at the election. [Amended by 1971 c.728 §92; 1973 c.796 §76;
1975 c.647 §52; 1983 c.350 §326](Establishment of Water Transportation Lines) As used in ORS
777.705 to 777.725, “bonus” or “bonuses” includes payment of funds for:
(1) Chartering vessels;
(2) Guaranteeing to vessels, transportation lines, companies or
persons, cargo and tonnage, and guaranteeing to vessels, transportation
lines, companies or persons against loss on account of delay in the
Columbia River or Willamette River or at the Columbia River bar;
(3) Absorption of charges for lightering, dredging, towage and
pilotage of any vessels; or
(4) Fixing of pilotage and stevedoring charges, seamen’s wages,
fuel costs, supplies and other charges and expenses incident to maritime
commerce, at such a rate as may place a port on a competitive basis in
such matter with other ports. [Amended by 1971 c.728 §97] The payment of a bonus
authorized by ORS 777.715 and 777.720 includes the payment of sums
necessary to make good the guarantee described by ORS 777.705. [Amended
by 1971 c.728 §98](1) By the payment of bonuses to a person engaged or
preparing to engage in the operation of water transportation lines, a
port may:
(a) Aid in establishing water transportation lines between the port
and any other domestic or foreign port or ports; and
(b) Aid in establishing water transportation lines on the interior
rivers of this state, on the rivers between Washington and Oregon, or on
the rivers of Washington and Idaho reached by navigation from Oregon’s
rivers.
(2) A port may charter vessels. [Amended by 1971 c.728 §99] A board
may expend the money raised as authorized by ORS 777.725 in the form of a
bonus or bonuses payable to the persons described by ORS 777.715. The
money shall be expended in the manner and at such times as the board
determines will result in the greatest benefit and advantage to the port
and will best aid the establishment and continued operation of the water
transportation lines. The board may contract as may be necessary to carry
into effect the purposes of ORS 777.725. [Amended by 1971 c.728 §100](1) For
the purpose of ORS 777.705 to 777.725 and 777.915 to 777.953, a port may
borrow money and sell and dispose of bonds. The bonds shall not, singly
or in the aggregate, with previous debts and liabilities incurred and
outstanding for such purposes, exceed one-fourth of one percent (0.0025)
of the real market value of all taxable property within the port. The
bonds shall be issued from time to time as the board may determine, and
shall be of such denominations, run for such period of years and for such
rate of interest as the board determines.
(2) Bonds shall not be issued unless authorized by the majority of
the electors voting upon the question at an election called for that
purpose.
(3) Every issue of bonds shall be in serial form so as to mature in
numerical order in equal installments annually on and after five years
from date. The bonds shall not bear interest exceeding in any event a net
effective rate of seven percent per annum. The bonds shall be signed on
behalf of the port by its president and countersigned by its secretary.
The bonds shall be so conditioned that the port shall agree, in
consideration of the premises, to pay at a place therein named to the
bearer or registered holder thereof the sum named therein at the maturity
thereof in lawful money of the United States, with interest thereon in
like lawful money at the rate per annum named therein, payable
semiannually in accordance with the tenor and terms of interest coupons
thereto attached.
(4) The bonds shall be known as water transportation bonds of the
Port of (insert name of port), County of (insert name of county), State
of Oregon, as the case may be.
(5) The bonds shall be sold for cash to the highest responsible
bidder, upon sealed bids, after advertising; but the board may reject any
and all bids tendered and proceed to readvertise when bids are not
satisfactory. [Amended by 1967 c.293 §35; 1971 c.728 §101; 1991 c.459
§441]EXPORT TRADING CORPORATIONS The Legislative Assembly
hereby finds that:
(1) The geographical location of this state, its maritime
resources, its skilled labor force and the availability of land for
industrial and commercial development provide an opportunity for the
citizens of this state to expand participation in and increase the
benefits from international trade and commerce.
(2) The development and operation of international trade and
commerce is in the public interest because that trade and commerce
promotes the commerce of this state, creates and retains jobs and
diversifies the economy of this state.
(3) Export trading corporations, encouraged by federal law, provide
a means to develop and facilitate international trade and commerce and
the export and import of goods and services through this state by
furnishing services necessary to international trade and by the purchase,
sale and financing of goods and services.
(4) Export trading corporations can facilitate the expansion of
total exports and imports and are an important mechanism for
experimentation in the development of innovative international trade
programs beneficial to local, state, regional and national economic needs.
(5) Export trading corporations can provide a means for meeting
this state’s need for well-developed export and import trade
intermediaries and can achieve economies of scale and acquire expertise
enabling them to export and import goods and services or provide export
and import trade services at a reasonable cost to producers. [1983 c.200
§1] As used in ORS
777.755 to 777.800, unless the context requires otherwise:
(1) “Board” means the board of directors of an export trading
corporation.
(2) “Commissioner” means a member of the board of commissioners of
a port.
(3) “Commissioners of the port” means the board of commissioners of
the port which formed the export trading corporation.
(4) “Export trading corporation” means a municipal corporation
formed by a port under ORS 294.125, 294.316, 646.740 and 777.755 to
777.800.
(5) “Export trading project” means a transaction or arrangement for
the purchase, sale, exchange or delivery of goods or services in
international trade or commerce.
(6) “Port” means a municipal corporation formed under ORS 285A.666
to 285A.732, 777.005 to 777.725, 777.915 to 777.953 and 777.990 or ORS
chapter 778.
(7) “Services” includes, but is not limited to, architectural,
automatic data processing, business, communications, consulting,
engineering, financial, insurance, legal, management, product research
and design, repair, training and transportation services. [1983 c.200 §2](1) Any port may form an export trading
corporation. Proceedings to form an export trading corporation shall be
initiated by a resolution adopted by the commissioners of the port
proposing the formation of an export trading corporation and fixing a
time and place for a public hearing on the resolution. The hearing shall
be held not less than 30 days after adoption of the resolution.
(2) Notice of the public hearing shall be published in one or more
newspapers of general circulation within the port not less than 15 days
prior to the date fixed for the public hearing.
(3) Any person may appear at the public hearing and present oral or
written statements for or against the proposal to form an export trading
corporation.
(4) After the public hearing, if the commissioners of the port
determine the formation of an export trading corporation would promote
the purposes of ORS 294.125, 294.316, 646.740 and 777.755 to 777.800, the
board may by ordinance form an export trading corporation.
(5) An ordinance forming an export trading corporation shall
include:
(a) The name of the export trading corporation.
(b) The names of the initial board of directors.
(c) The office address and the name and address of the initial
registered agent.
(6) Unless a later date is specified, the ordinance shall take
effect and the export trading corporation formed on the 30th day after
enactment of the ordinance. The ordinance shall be subject to the powers
of initiative and referendum vested in the electors of the port.
(7) A certified copy of the ordinance shall be filed with the
Secretary of State.
(8) The port by ordinance may dissolve the export trading
corporation. The ordinance shall include a plan for the dissolution and
liquidation of the assets of the export trading corporation. Any surplus
assets remaining after payment of the indebtedness of the export trading
corporation shall be transferred to the port. [1983 c.200 §3] An export trading
corporation shall constitute a municipal corporation of this state and a
public body, corporate and politic, exercising public power. No part of
the net earnings of an export trading corporation shall accrue to the
benefit of a private person. An export trading corporation may:
(1) Develop, manage and operate export trading projects.
(2) Conduct market research, advertising and marketing, within and
outside the boundaries of this state.
(3) Purchase or otherwise acquire, finance, hold, maintain, sell,
lease or otherwise dispose of goods or services of every type or nature,
within or outside the boundaries of this state.
(4) Acquire or provide communication, insurance, legal assistance,
transportation, including trade documentation and freight forwarding,
foreign exchange, letters of credit and other necessary or desirable
services.
(5) Purchase or otherwise acquire, construct, operate, maintain,
lease, rent and dispose of warehouses, elevators, terminals, buildings
and other necessary or desirable facilities, within or outside the
boundaries of this state.
(6) Enter into contracts, joint ventures, brokerage or other
agreements with any person for the purchase, sale or distribution of
goods or services, within or outside the boundaries of this state.
(7) Levy and collect rentals, commissions, fees, storage and other
charges for use of facilities or services rendered.
(8) Apply for and accept financial, technical or other assistance
from any person, including the federal, state, county or city government,
or other municipal corporations.
(9) Enter into contracts with any governmental entity or municipal
corporation.
(10) Do such other acts or things as may be necessary or convenient
for the exercise of the powers granted by ORS 294.125, 294.316, 646.740
and 777.755 to 777.800. [1983 c.200 §10] (1) An export trading corporation
may enter into agreements which provide for the establishment of prices
or rates, or which require a party to the agreement to sell, lease or
purchase a commodity or service solely to or from the export trading
corporation or to the persons designated in the agreement, when such
agreements are entered into pursuant to export trade activities specified
in a certificate issued to the corporation under 15 U.S.C. §§4001 to
4021. This subsection is not intended to confer any immunity from federal
antitrust laws beyond the immunity conferred by a certificate issued
under 15 U.S.C. §§4001 to 4021.
(2) When entering into agreements containing the provisions
described in subsection (1) of this section, the export trading
corporation shall be deemed to be performing a governmental function
essential for the benefit of the people of this state and the development
and diversification of the economy of this state.
(3) An export trading corporation and a port may enter into
agreements for the port to provide accounting, clerical, technical,
sales, promotional and other administrative services. The port shall be
reimbursed not less than the actual cost for providing such services.
[1983 c.200 §13] For
the purpose of carrying into effect all or any of its powers, an export
trading corporation may:
(1) Borrow money, evidence such borrowing with its promissory notes
or other obligations of indebtedness, and pledge in whole or in part any
of its assets or revenues not subject to prior liens or pledges.
(2) Issue and sell revenue bonds in the manner and upon the terms
and conditions authorized by ORS 777.560 to 777.590.
(3) Purchase, negotiate and sell letters of credit, bills of
lading, dock receipts, dock warrants, drafts and other documents of title
as defined in ORS 71.2010 (15). [1983 c.200 §11](1) An obligation of an export trading
corporation, whether arising from the sale of revenue bonds or otherwise,
shall not in any manner be a general obligation of the port, nor a charge
upon any revenues or property of the port.
(2) An export trading corporation shall not acquire stock or other
equity interest in any private corporation organized for profit. [1983
c.200 §12](1) An export trading corporation is not a contracting
agency for the purposes of ORS 279A.055, 279A.065, 279A.070, 279A.075,
279A.100, 279A.105, 279A.120, 279C.005, 279C.100 to 279C.125, 279C.300 to
279C.470 and 279C.570 and ORS chapter 279B, except ORS 279B.025,
279B.235, 279B.240, 279B.270, 279B.275 and 279B.280.
(2) An export trading corporation is not a public employer for the
purposes of ORS chapters 238 and 238A. [1983 c.200 §16; 2003 c.733 §81;
2003 c.794 §331](1) The board of directors of the export trading corporation
shall consist of three members. Only commissioners of the port shall be
eligible to serve as members of the board of directors. The board of
directors shall be elected by majority vote of the commissioners of the
port.
(2) The initial board of directors shall consist of one director
elected for a one-year term, one director elected for a two-year term and
one director elected for a three-year term. Following election of the
initial board, the term of office of a director is three years. A
director shall serve until a successor is elected and qualified.
(3) Before the expiration of the term of a director, the
commissioners of the port shall elect a successor. A director is eligible
for reelection. In case of a vacancy for any cause, the commissioners of
the port shall elect a person to serve for the unexpired term.
(4) The board shall choose from among its members by majority vote
a president, vice president and secretary-treasurer to serve for such
terms as the board may determine.
(5) Directors shall not be entitled to compensation for their
services but shall be entitled to reimbursements for actual and necessary
expenses incurred or paid in the performance of their duties as members
of the board. [1983 c.200 §4] (1) The board may hold regular
meetings at the time and place fixed by the rules of the board. A
majority of the members of the board constitutes a quorum for the
transaction of business.
(2) Special meetings may be held when called by the president of
the board or by a majority of the members of the board in the manner
prescribed by the rules of the board. [1983 c.200 §5]
(1) Except as provided in subsection (2) of this section, all meetings of
the board shall be open to the public and all persons shall be permitted
to attend any meeting.
(2) In addition to matters which may be considered in executive
session under ORS 192.660, the board may also meet in executive session
to:
(a) Consider preliminary negotiations for an export trading project
involving financial or commercial information which the board in good
faith determines should be kept confidential.
(b) Review the operation, modification, enlargement or abandonment
of an export trading project involving financial or commercial
information which the board in good faith determines should be kept
confidential.
(3) In its discretion the board may allow representatives of the
news media to attend executive sessions held under subsection (2)(a) and
(b) of this section on such terms and conditions as the board may
prescribe. [1983 c.200 §6](1) The board may appoint a chief executive officer
who shall be responsible for the administration of the business affairs
of an export trading corporation. The chief executive officer shall
perform such duties as the board may prescribe.
(2) The chief executive officer shall hold office for an indefinite
term and may be removed from office only by the affirmative vote of a
majority of the board. Removal of a chief executive officer may be
reconsidered by the board but is otherwise final and not subject to
appeal. [1983 c.200 §7] (1) An export
trading corporation may employ such persons within or outside the
boundaries of this state as necessary or convenient to accomplish its
purposes. In addition, an export trading corporation may appoint such
agents, brokers or representatives, within or outside the boundaries of
this state, as necessary or convenient to accomplish its purposes.
(2) The chief executive officer of an export trading corporation
may employ, appoint, discipline or remove all employees, agents, brokers
and representatives of an export trading corporation, and fix the
compensation to be paid to such persons. [1983 c.200 §8](1) Except as provided in subsection (2) of this
section, no officer, agent or employee of an export trading corporation
shall disclose commercial or financial information concerning an export
trading project.
(2) Commercial or financial information may be disclosed:
(a) In a judicial proceeding when disclosure is ordered by a court
of competent jurisdiction;
(b) With the consent of the persons whose interests are affected by
disclosure;
(c) By an officer, agent or employee of an export trading
corporation acting within the scope of employment, as prescribed by rules
of the board; or
(d) When the board finds the information would not reasonably be
considered confidential, the export trading corporation has not obliged
itself in good faith not to disclose the information and disclosure is in
the public interest. [1983 c.200 §9](1) Except as provided in
subsection (2) of this section, the written records of an export trading
corporation shall be public records available for inspection under ORS
192.410 to 192.505.
(2) In addition to the exemptions set forth in ORS 192.501 to
192.505, the following public records of an export trading corporation
are exempt from disclosure:
(a) Information consisting of financial, commercial, sales,
production, cost or similar business records of a private concern or
enterprise which is not otherwise required to be disclosed by state or
federal law.
(b) Trade secrets, as defined in ORS 192.501 (2). [1983 c.200 §14] An export trading corporation shall report
annually to the port on the operations of the export trading corporation.
A copy of the report shall be filed by the export trading corporation
with the Secretary of State. [1983 c.200 §15]OREGON INTERNATIONAL PORT OF COOS BAY As used in ORS
777.915 to 777.953, unless the context requires otherwise:
(1) “Board” means the board of commissioners of the Oregon
International Port of Coos Bay.
(2) “Port” means the Oregon International Port of Coos Bay. [1987
c.565 §2](1) The Port of Coos Bay is hereby renamed the Oregon
International Port of Coos Bay.
(2) Notwithstanding ORS 777.135 to 777.165, 777.410 and 777.415,
ORS 777.915 to 777.953 apply to the Oregon International Port of Coos
Bay. [1987 c.565 §§2a,3] The power and
authority given to the port is vested in and shall be exercised by a
board of five commissioners. The board may exercise such powers, at
regular or special meetings, as is usual and customary with similar
bodies. [1987 c.565 §4] (1) The board shall
be composed of electors registered in the port.
(2) A person is eligible for appointment as a commissioner of the
port who at the time of the appointment is a citizen of the United States
and of the State of Oregon, and who has for one year immediately
preceding appointment resided within the port. [1987 c.565 §5] (1)
Upon the expiration of the term of a commissioner, a successor shall be
appointed by the Governor, subject to confirmation as provided by ORS
171.562 and 171.565. Except as provided in ORS 777.927 and 777.930,
appointees, when confirmed, shall hold office for a term of four years
and until their respective successors have been appointed, confirmed and
qualified.
(2) If a vacancy occurs by death, resignation or disqualification
of a commissioner, the vacancy shall be filled by appointment by the
Governor for the unexpired term subject to confirmation as provided by
subsection (1) of this section. [1987 c.565 §6]If the Governor is at any time satisfied
that a commissioner has been guilty of malfeasance in office, the
Governor may file with the Secretary of State a written statement of the
acts of the commissioner constituting the malfeasance. Thereupon the
Secretary of State shall transmit a copy of the statement to the
commissioner named and another copy to the clerk of the Circuit Court for
Marion County. After the expiration of 10 days following the delivery of
the statement to the commissioner a hearing shall be held before the
court, of which hearing the commissioner is entitled to at least five
days’ notice. If upon the hearing the court determines that the
commissioner has been guilty of malfeasance in office, written findings
to that effect shall be made and filed by the court. Thereupon the
commissioner shall be considered removed from office. The vacancy so
created shall be filled as provided in ORS 777.925. [1987 c.565 §7](1) If a commissioner appointed under ORS
777.925 fails, without being excused by the remaining members of the
board, to attend for a period of 60 days any of the regular or special
meetings of the board regularly and duly called and held, that
commissioner may be removed from office by the Governor.
(2) The board may grant a leave of absence not exceeding three
months to a commissioner unable to attend meetings of the board by reason
of illness or continued absence from the Oregon International Port of
Coos Bay. [1987 c.565 §10] (1) The board shall
hold at least one regular meeting in each month on a day to be fixed by
it, and may hold special meetings as provided by the rules of the board.
At all regular and special meetings a majority of the commissioners then
members of the board constitutes a quorum.
(2) The board may create an executive committee of which every
commissioner shall be a member and of which a number less than a
majority, as the board may determine, may constitute a quorum for the
transaction of business. The committee may hold its meetings under such
rules as the board may prescribe. However, the executive committee has no
power except as a committee and only as expressly conferred upon it by
the rules of the board. In no event shall the committee exercise the
general powers of the board. The board has no power to appoint or
delegate any part of its power or authority to any committee except the
executive committee. [1987 c.565 §8] (1) The Governor shall designate one member
of the board as president of the board, who shall hold that office until
removed from it by the Governor. The president of the board shall have
the powers and perform the duties usual to the office of president.
(2) The president of the board shall designate from the other
members of the board a vice president, treasurer and secretary of the
board, who shall hold those offices until removed from them by the
president. Each officer shall have the powers and perform the duties
usual to the respective offices. [1987 c.565 §9] The board shall
report to the Legislative Assembly of this state, biennially, everything
done or performed by the board under this chapter. [1987 c.565 §11](1) For the purpose of carrying
into effect any of the powers granted to the port, the port has the power
to borrow money and to sell and dispose of bonds which shall constitute a
general obligation of the port and be secured by the port’s full faith
and credit. Such bonds outstanding at one time shall never exceed in the
aggregate one and three-fourths percent of the real market value of all
taxable property within the limits of the port, computed in accordance
with ORS 308.207. The bonds shall be secured by the taxing power of the
port as provided in ORS 777.430 (2). In addition, the port may provide
that the bonds shall be payable from and secured by a lien and pledge of
all or any part of the revenues derived by the port from the facilities
constructed from the proceeds of the bonds.
(2) The port may provide for the creation of special trust funds
and may authorize the appointment of a trustee to administer the same and
may obligate itself to set aside and pay into a special trust fund any
revenues pledged to the payment of the bonds. The port may establish and
provide from available funds for the funding of debt service, operation
and maintenance reserves.
(3) Proceeds from the sale of the bonds may also be used to pay the
costs incurred in issuing the bonds, preliminary work incident to
carrying out such powers, including but not limited to planning,
engineering, inspection, accounting, fiscal, legal and trustee expenses
and other similar expenses, and to pay interest on the bonds for such
period as the port may determine, but not to exceed six months beyond
completion of the facilities financed with the bonds, and to establish
reserves for debt service on the bonds. [1987 c.565 §12; 1991 c.459 §442] Bonds authorized by
ORS 777.940:
(1) May be issued from time to time in one or more series, bear
such date or dates, mature at such times and in such amounts, be in such
denomination or denominations, be payable within or without the State of
Oregon, bear such rate or rates of interest and have such other terms,
conditions and covenants as the board may by ordinance determine.
(2) May be in coupon form with or without privilege of registration
or may be in registered form, or both, with the privilege of converting
or reconverting to one form or another.
(3) Shall be signed by the president and by the secretary or an
assistant secretary of the port, either manually or by their printed,
engraved or lithographed signature; provided, however, that at least one
signature is manual. The seal of the port or a facsimile thereof shall be
printed, engraved or lithographed on the bonds. Coupons, if any, attached
to the bonds need bear only the printed, engraved or lithographed
facsimile signature of the president and the secretary or an assistant
secretary of the port.
(4) May be issued with the right reserved to the board to redeem
the bonds at par or at par plus a premium, in such order, and at such
time or times prior to the final maturity date or dates of the bonds, as
the board by ordinance may provide. Notice of redemption shall be given
in the manner specified in the bonds, as provided in ORS 288.520.
Newspaper publication of notice of redemption is not required for bonds
that are in registered form. [1987 c.565 §13; 1997 c.171 §25]Bonds shall not be issued by the port to provide funds
for the establishment or operation of surface ship and air lines or for
the payment of bonuses to either such line or lines without the approval
of the electors of the port expressed at an election called and held
within the port at which such question is submitted. [1987 c.565 §14](1) The total amount of general
obligation bonds issued in any calendar year by the port without the
approval of the electors of the port shall not exceed $500,000.
(2) The aggregate outstanding principal amount of general
obligation bonds issued by the port without the approval of the electors
of the port shall not at any time exceed $1.5 million.
(3) Nothing in this section applies to refunding bonds. [1987 c.565
§15]Notwithstanding any other provision of law, proceeds
from the sale of bonds issued by the port without the approval of the
electors of the port under ORS 777.947, except for refunding bonds, shall
be used only for construction, maintenance and repair of facilities and
works necessary for industrial development within the port, construction,
maintenance and repair of docks, piers, wharves, dredge and spoil sites
and navigation aids and as matching moneys for state and federal grants
for the purposes described in this section. [1987 c.565 §16] (1) The board, on
its own motion, may initiate a proposal for annexation to the port of
territory that is not within another port organized under ORS 285A.600 to
285A.708 and this chapter. Such territory may be either wholly or
partially within or outside the same county in which the port is located.
However, if the territory proposed to be annexed is outside Coos County,
then the territory must be situated entirely within the watershed of the
Coos River and its tributaries. The proposal for annexation shall be made
in a resolution adopted by the board.
(2) After adoption of a resolution proposing annexation of the
territory described in subsection (1) of this section to the port, the
board shall fix a day for a public hearing before the board at which time
the electors of the port and of the affected territory may appear and be
heard on the question of annexation.
(3) The board shall cause notice of the hearing to be published
once each week for two successive weeks prior to the day of the hearing
in a newspaper of general circulation in the county and shall cause
notices of the hearing to be posted in four public places in the port for
the same period.
(4) After the public hearing, the board shall file the resolution
proposing annexation with the governing body of the county in which the
territory proposed to be annexed is situated. The county governing body
shall order an election to be held in the territory. The county governing
body shall also order the board to hold an election within the boundaries
of the port on the same day, both elections to be held for the purpose of
submitting the proposed annexation to the electors. The board shall
certify the results of the election to the county governing body. The
order of annexation shall be entered by the county governing body when a
majority of all the votes cast in the territory and the port are in favor
of the annexation.
(5) After the date of entry of an order by the county governing
body annexing territory to the port, the territory annexed shall become
subject to the outstanding indebtedness, bonded or otherwise, of the port
in like manner as the territory within the port.
(6) ORS 198.705 to 198.955 and 777.326 do not apply to an
annexation proceeding conducted under this section. [1987 c.565 §16a]PENALTIES (1) Failure by a port treasurer, or county
treasurer charged with the duties provided by ORS 777.515, to comply with
the requirements of that section for a period of 10 days is a Class A
violation, and upon conviction the court shall impose a fine of not less
than $500.
(2) Subject to ORS 153.022, any person violating a regulation
adopted by a port board under ORS 777.120 or 777.190 shall be guilty of a
misdemeanor and upon conviction shall be punished by a fine of not more
than $250. [Amended by 1971 c.728 §102; 1999 c.1051 §226]_______________
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