As used in this chapter, unless the context
requires otherwise:
(1) “Board” means the board of commissioners of the Port of
Portland.
(2) “Port” means The Port of Portland.
(3) “Elector” means an elector residing in the port.
(4) “Portland metropolitan area” means the Oregon portion of a
standard metropolitan statistical area as designated and published by the
United States Bureau of the Budget with an Oregon population of more than
750,000. [Amended by 1971 c.728 §103; 1973 c.178 §1](1) ORS 777.005 to 777.050,
777.110, 777.120, 777.132 to 777.165, 777.210, 777.220 and 777.405 to
777.435 do not apply to the Port of Portland.
(2) Subject to subsection (1) of this section, the Port of Portland
has all powers possessed by ports formed under ORS 285A.666 to 285A.732,
777.005 to 777.725, 777.915 to 777.953 and 777.990.
(3) ORS 777.530 and 777.535 apply to the Port of Portland and the
Port of Portland has all powers granted to other ports under ORS 777.530
and 777.535.
(4) The Port of Portland shall do such things, perform such duties
and exercise such powers as it may be authorized or empowered to do,
perform or exercise by any Act of the legislature passed for that
purpose, though not directly in amendment of this chapter. The powers
granted by this chapter are in addition to other powers granted by law to
the port.
(5) In addition to such other duties, functions and powers as may
be imposed upon the Port of Portland, the port may make recommendations
to the Oregon Board of Maritime Pilots. [1971 c.728 §116; 1987 c.775 §7;
subsection (3) enacted as 1989 c.644 §5]The Portland metropolitan area is a separate district, to be known
as the Port of Portland, and as such shall have perpetual succession, and
by that name shall exercise and carry out all the powers and objects
conferred on it by law. The port may sue and be sued, plead and be
impleaded in all actions, suits or proceedings brought by or against it;
provided, however, that the bonded or other indebtedness of the port that
was chargeable to or a lien upon the property within the limits of the
port:
(1) Prior to June 30, 1963, shall not be chargeable to or a lien
upon all of that property which lies east of the east boundary line of
range two east of the Willamette Meridian in Multnomah County; or
(2) Prior to June 30, 1973, shall not be chargeable to or a lien
upon all that property lying within the boundaries of Clackamas and
Washington Counties. [Amended by 1963 c.124 §1; 1973 c.178 §2; 2003 c.802
§152] The object, purpose
and occupation of the Port of Portland shall be to promote the maritime,
shipping, aviation, commercial and industrial interests of the port as by
law specifically authorized. The port may acquire, hold, use, dispose of
and convey real and personal property, make any and all contracts the
making of which is not by this chapter expressly prohibited. It may do
any other acts and things which are requisite, necessary or convenient in
accomplishing the purpose described or in carrying out the powers granted
to it by law. The port may supply surface and air craft with fuel and
other supplies at reasonable cost as may be for the best interests of the
port. [Amended by 1959 c.362 §1; 1971 c.728 §104](1) The Port of Portland may purchase or
otherwise acquire all or any of the docks, wharves, elevators, terminals,
dry docks and other properties of the City of Portland that are under the
charge and control of the dock commission of the city.
(2) If the port purchases or otherwise acquires property as
provided by subsection (1) of this section, the port may in payment
therefor assume the payment of all or any part of the bonds, debentures
and other obligations of the City of Portland issued, sold or incurred
for the purpose of acquiring funds to construct, purchase or otherwise
acquire the docks, wharves, elevators, terminals, dry docks or other
properties. The aggregate amount of bonds, debentures and obligations so
assumed shall not exceed a sum determined by the board to be the fair
value of the property so acquired by the port. The limitation provided by
ORS 778.030 shall not apply to bonds, debentures or other obligations
assumed under this section.
(3) The authority granted by this section shall not be exercised
without the prior approval of the electors residing within the port
expressed at an election called and held within the port at which such
question is submitted. [Amended by 1971 c.728 §105] For the
use of the Port of Portland or for public convenience and the convenience
of air transport, shipping, commercial and industrial development of the
port and the waterfront of its harbors, rivers and waterways, the port
may:
(1) Acquire by purchase, condemnation or other lawful method lands
necessary for its use or to be improved for public convenience and the
convenience of the air transport, shipping, commercial and industrial
development of the port as well as all or any part of the waterfront of
its harbors, rivers and waterways.
(2) Acquire by purchase, condemnation or other lawful method lands
necessary or convenient for the purpose of depositing or dumping thereon
earth, sand, gravel, rock or other material dredged or excavated, in the
exercise of any of its powers, from any of the rivers or other waterways
or lands within the boundaries or under the control of the port.
(3) Enlarge its tidal area, fill and reclaim lands, and make such
disposition by use, conveyance, development or lease of lands so filled
or reclaimed as it considers advisable.
(4) Construct, excavate and dredge canals and channels connecting
its waterways with one another, with other waterways and with the sea.
(5) Purchase or otherwise acquire, construct, operate, maintain,
lease, rent and dispose of airports, and their approaches, wharves,
piers, docks, slips, warehouses, elevators, dry docks, terminals,
buildings, and all other facilities and aids incident to the development,
protection and operation of the port and of the air transport, shipping,
commercial and industrial interests of the port, within the port, and
collect wharfage, storage and other charges for the use of such
facilities.
(6) Own, acquire, construct, purchase, lease, operate and maintain
within the port lines of railroad, with sidetracks, turnouts, switches
and connections with other lines of railroad, and streets, roads, water
mains, sewers, pipelines, and also gas and electric conduits and lines
which a utility is unwilling or unable to furnish, within or to or from
the boundaries of the port; and carry and transport freight and
passengers thereon and thereover for hire, and perform lighterage for
hire.
(7) Acquire, own, lease, rent, operate, maintain and dispose of
towboats, barges and other vessels for the transportation of cargo or
passengers in maritime commerce on the Columbia and Snake Rivers and
their tributaries, within or without the boundaries of this state.
(8) 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. [Amended by 1959 c.362 §2; 1967 c.548 §1; 1971 c.728
§106; 1973 c.178 §6; 1981 c.879 §4](1) For the purpose of carrying
into effect any of the powers granted to the Port of Portland, 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. In computing the total of bonds
at any time outstanding, bonds issued for the purpose of providing funds
to meet obligations assumed pursuant to ORS 778.020, shall not be
included. The bonds shall be secured by the taxing power of the port as
provided in ORS 778.065 (1). 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. [Amended by 1963 c.9 §39; 1971
c.702 §1; 1971 c.728 §107a; 1977 c.33 §1; 1991 c.459 §443] Bonds authorized by
ORS 778.030:
(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 of Portland, 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. [1977 c.33 §3 (enacted in lieu of 778.035);
1981 c.94 §57; 1997 c.171 §26]
(1) General obligation bonds shall not be issued by the Port of Portland
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.
(2) Whenever the port issues general obligation bonds for purposes
other than refunding general obligation bonds previously issued and for
purposes other than providing funds to meet the obligations of the City
of Portland assumed pursuant to ORS 778.020 in an aggregate amount equal
to five percent of the present real market value of all the taxable
property within the territorial limits of the port, no additional general
obligation bonds shall be issued for purposes other than refunding
general obligation bonds theretofore issued without the approval of the
electors of the port expressed at an election within the port at which
such question is submitted. [Amended by 1971 c.399 §1; 1997 c.461 §2]The total amount of general obligation bonds issued by the Port
of Portland in any calendar year, except for refunding bonds or bonds
issued to provide funds to meet obligations assumed pursuant to ORS
778.020, shall not exceed $3 million unless a greater amount is approved
by the electors of the port at an election at which such question is
submitted. [Amended by 1971 c.728 §110; 1973 c.178 §7; 1997 c.461 §3]The board shall not expend, within any one calendar year, from
the funds derived from the sale of bonds, in excess of $500,000 to meet
the operating expenses of the Port of Portland. As used in this section
“operating expenses” means the maintenance of plant, structures and
equipment and such dredging as may be required to preserve or restore at
or to its artificial depth a channel previously excavated by the port.
[Amended by 1971 c.728 §113] The Port of Portland
may each year assess, levy and collect taxes upon all taxable real and
personal property situated within its boundaries as required:
(1) To pay principal and interest on bonds issued under ORS 778.030;
(2) To pay bonds, debentures and other obligations of the City of
Portland assumed under ORS 778.020; and
(3) To pay all other expenses that may be incurred in the exercise
of the powers granted to the port. [Amended by 1963 c.9 §40; 1971 c.701
§1; 1971 c.728 §143]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 §54](1) Taxes authorized by ORS 778.065 shall be
levied in each year and returned to the county officers 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 the Port of Portland in the same
manner city taxes are extended.
(2) All taxes levied by the port are 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 §115](1) The Port of Portland may construct, operate, equip and
maintain public parks, marinas and other recreational facilities on land
owned by the port when such facilities may be developed in conjunction
with the exercise by the port of any of its other powers.
(2) The port may convey the land and recreational facilities
developed under this section to a political subdivision or municipal
corporation of this state in exchange for an agreement to operate and
maintain the facilities solely for public recreational use.
(3) The port may enter into an agreement with a political
subdivision or municipal corporation of this state for the operation and
maintenance of recreational facilities. [1971 c.400 §2](1) To the full extent the State of Oregon might exercise
control, or grant to the Port of Portland the right to exercise control,
the port has full control of the rivers, harbors and waterways within its
boundaries and between its boundaries and the sea.
(2) The port may make, change or abolish wharf lines of, in and for
the rivers, harbors and waterways within its boundaries.
(3) As it considers convenient, requisite or necessary, or in the
best interests of the maritime shipping or commercial interests of the
port, the board may by ordinance make, modify or abolish regulations:
(a) For the use or navigation of the rivers, harbors and waterways
mentioned in subsection (1) of this section; or
(b) For the placing of obstructions therein, or the removal of
obstructions therefrom.
(4) The port may enforce the regulations by fines and penalties or
seek other appropriate remedies as the port considers necessary. Fines
and penalties are recoverable in the name of the port in any court of
this state having jurisdiction of actions for the recovery of fines or
penalties imposed by state laws. Fines recovered shall be paid to the
clerk of the court who, after deducting court costs in the proceedings,
shall pay the remainder thereof to the treasurer of the port, to go to
its general fund.
(5) This section does not authorize the port to cause the removal
of bridges or other obstructions existing under a grant by this state.
This section does not authorize the port to exclude cities other than the
City of Portland from free access to the channel of either the Willamette
or Columbia Rivers or the Oregon and the Columbia Sloughs, or the free
use of the rivers or sloughs for navigation. [Amended by 1963 c.145 §2;
1971 c.728 §117]
Where it is necessary to widen the general channel or improve the
navigation of the rivers or sloughs by requiring the removal or
destruction of moorage facilities for houseboats, boathouses or pleasure
craft in the rivers or sloughs, or by establishing or reestablishing
wharf lines that have the effect of destroying or impairing the riparian
rights of the adjoining owners, the adjoining owners or others owning the
moorage facilities shall be reasonably compensated for the removal or
destruction of the moorage facilities and for the destruction or
impairment of the riparian rights; and shall not be required to remove or
destroy the moorage facilities in absence of reasonable compensation
therefor. The Port of Portland may acquire moorage facilities, riparian
rights or the real property of adjoining owners by exercise of the power
of eminent domain as provided in ORS 778.095. [Amended by 1953 c.713 §2;
1971 c.728 §118; 1973 c.203 §9] The Port of Portland may acquire, by
condemnation or otherwise, private property necessary or convenient in
carrying out any power granted the port. The right to acquire property by
condemnation shall be exercised as provided by ORS chapter 35. [Amended
by 1971 c.728 §119](1) When the Port of Portland contemplates the filling
or reclamation of any low, swamp or submersible land within its territory
held in private ownership, it may provide by ordinance for assessment by
the board of the damages and benefits to be sustained by and to accrue to
the land by reason of the filling or reclamation. In making the
assessment the question of channel frontage as well as filling shall be
considered in assessing benefits. The ordinance may provide for payment
of damages to the owner of the land and may provide for creation of a
lien upon the land in favor of the port for the amount of benefits and
for payment of the amount of the lien, either in cash or in installments,
with interest thereon over a term of years.
(2) The ordinance shall provide for a hearing before the board to
be held, upon due notice to all owners of and persons interested in the
lands to be affected by the assessment, before the assessment is made.
(3) Any owner or person interested in any land affected, who is
aggrieved by an assessment made under this section may appeal to the
Circuit Court of Multnomah County for judicial review of the assessment.
[Amended by 1969 c.594 §62; 1971 c.728 §120](1) Except in cases of emergency and except for ordinary
current repair work necessary from day to day, all material purchased for
and all work done in, on or for any dry dock, dredge, boat, scow or other
appliance to be built, owned or operated by the Port of Portland, when
the purchase is made or the work is done by construction, alteration or
general overhauling, shall be purchased or done by or under contract.
Such contracts shall be let to the lowest competent and responsible
bidder, after due advertisement for bids, in the manner usual and
customary in the letting of contracts by public bidding, and under
regulations prescribed by the port.
(2) Notwithstanding subsection (1) of this section or any other
provision of law, the port may let a contract for the construction of a
dry dock to the lowest competent and responsible bidder who submits a bid
to construct the dry dock within the port, if:
(a) The bid of such bidder does not exceed by more than 10 percent
the lowest bid for construction of the dry dock elsewhere; and
(b) In the opinion of the board, the public good will in any way be
served thereby. [Amended by 1961 c.11 §1; 1971 c.728 §121; 1977 c.361 §1] (1) The Port
of Portland may employ engineers, superintendents, mechanics, clerks and
other persons as necessary or convenient in carrying on its work and fix
their rates of compensation.
(2) No employee of the port shall become a member of the Public
Employees Retirement System if membership of the employee in the system
would result in coverage of the employee by, and contributions on the
employee’s behalf by the port to, both a private pension system and the
Public Employees Retirement System. [Amended by 1971 c.495 §1; 1971 c.728
§144] The Port of
Portland may contract with the United States Government to do all or part
of the work of making, maintaining, or both, a depth of water in the
rivers, harbors and waterways within its boundaries and between its
boundaries and the sea as determined by the federal government. The port
may receive therefor compensation as agreed between the federal
government and the port. [Amended by 1963 c.145 §3; 1971 c.728 §123]Nothing in this chapter is intended to grant the Port of
Portland authority to interfere with or detract from the general rights
and powers of a city or a school or road district that is located in
whole or in part within the boundaries of the port. However, the port has
full power to carry out and fulfill the purpose of its creation, and to
exercise its power of assessing, levying and collecting taxes. [Amended
by 1971 c.728 §124]Consistent with the purposes, functions and powers granted to
it by law, the Port of Portland may provide research or technical
assistance for the planning, promotion or implementation of commercial,
industrial or economic development projects upon request by any city,
county or municipal corporation within the port. [1977 c.45 §2]REVENUE BONDSFor the purpose of carrying into effect all or any of
the powers granted to ports, the Port of Portland may from time to time
issue and sell revenue bonds without the necessity of the electors of the
port authorizing the same. Proceeds from the sale of such bonds may be
used also to cover the costs incurred in issuing such 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 such period thereafter as the
port may determine, and to establish, maintain or increase any reserves
for debt service on the bonds and for working capital. Such revenue bonds
shall not in any manner or to any extent be a general obligation of the
port nor a charge upon any other revenues or property of the port not
specifically pledged thereto. [1971 c.546 §2](1) Revenue bonds issued under ORS 778.145
to 778.175 shall be authorized at a meeting by ordinance of the board.
The ordinance may provide for the creation of special trust funds and may
authorize the appointment of a trustee to administer the same, and may
obligate the Port of Portland to set aside and pay into a special trust
fund for the purpose of securing revenue bonds, all or any portion of its
revenues, regardless of the source from which derived, then existing or
which thereafter come into existence, not otherwise pledged or committed
for other purposes. The board may, in addition thereto, pledge or
mortgage for the payment of the principal of and interest on and premium,
if any, of any issue of such bonds any property of the port not pledged
for other purposes. Notice that action upon the bond 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 such meeting, by
publication thereof once each week in a newspaper of general circulation,
published within the corporate boundaries of the port or, if there be no
such newspaper, by posting such notice for a period of not less than two
weeks in three public places in the port.
(2) The money in any special trust fund created by an ordinance
authorizing an issue of revenue bonds shall be used solely for the
purposes provided therefor by the ordinance.
(3) The ordinance may obligate the port, and the port shall have
power to fix, levy and collect such rates, rentals, fees and other
charges for the use and services of all or any of its facilities, which
revenues may be pledged to the payment of the principal of and interest
on and premium, if any, of the revenue bonds or any of them and if so
pledged shall be sufficient to produce revenues, along with other
lawfully available funds, adequate to pay the costs of the operation,
maintenance and repair of any or all port properties; to pay or provide
for the payment of the principal of and interest on, and premium, if any,
of such revenue bonds or any of them, including any reserves for such
payment; and to produce such additional amount of revenues therefrom as
the port may covenant with the holders of such revenue bonds.
(4) The ordinance may provide that in the event the money in a
special trust fund is insufficient to pay the revenue bonds to be paid
out of the fund, such revenue bonds shall be payable out of any part or
all of other nonpledged revenues of the port. Whenever all bonds and
expenses thereof have been paid so that no charge remains upon such
special fund, the board may, by ordinance, transfer any balance remaining
in such fund to its general fund, discharge the trustee, if any, and
dissolve the special fund. Any trustee authorized to administer the fund,
may, subject to approval of the board, invest and reinvest moneys in the
special fund in any security or securities in which the State of Oregon
may by law invest.
(5) If the board fails to set aside and pay revenues into a special
trust fund as required by the ordinance authorizing the issuance and sale
of the bonds secured by the fund, a holder of any of such bonds may bring
suit against the port to compel compliance with the provisions of the
ordinance in the circuit court of the county in which the port has its
principal office. [1971 c.546 §3] The revenue bonds
issued and sold under ORS 778.145 to 778.175:
(1) Shall be deemed to be for all purposes negotiable instruments,
subject only to the provisions of the bonds for registration, and need
not comply with requirements of the Uniform Commercial Code.
(2) May be issued 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 at a designated place or places within or
without the State of Oregon or at the fiscal agency of the State of
Oregon, be equally and ratably secured without priority or be entitled or
subject to such priorities on all or any portion of the revenues of the
Port of Portland, and, notwithstanding any other provision of law to the
contrary, bear such rate or rates of interest either fixed or variable
under a formula fixed at the time of issuance, and contain such other
terms, conditions and covenants as the board may authorize.
(3) Shall contain a recital that principal of and interest on and
premium, if any, 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 coupon form with or without privilege of registration
or may be in registered form, or both, with the privilege of converting
and reconverting from one form to another.
(5) May contain covenants of the port to protect and safeguard the
security and rights of holders of any such bonds and such other terms and
conditions, in conformity with ORS 778.145 to 778.175, which the board in
its discretion determines are necessary or desirable to protect the port
or increase the marketability of the bonds. ORS 778.145 to 778.175 and
any such ordinance which constitutes a contract with the holders of the
bonds, and the provisions thereof shall be enforceable by any holder or
any number of holders of the bonds, as the board may determine.
(6) Shall be in the form prescribed by the board and 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, with
the seal of the port or a facsimile thereof printed, engraved or
lithographed thereon or affixed thereto. 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.
Pending the preparation and delivery of definitive bonds, the port may
issue interim certificates or temporary bonds, exchangeable for
definitive bonds when such bonds shall have been executed and are
available for delivery. Such interim certificates or temporary bonds may
contain such terms and conditions as the board may determine.
(7) 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 ordinance may provide or as otherwise determined by the board. 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. [1971 c.546 §4; 1981
c.879 §5; 1997 c.171 §27](1) The Port of Portland shall have the power, at
any time and from time to time after the issuance of bonds under ORS
778.145 to 778.175 have been authorized, to borrow money for the purposes
for which such bonds are to be issued in anticipation of the receipt of
the proceeds of the sale of such bonds and within the authorized maximum
amount of such bond issue.
(2) Bond anticipation notes shall be issued for all moneys so
borrowed under the provisions of this section. Such notes may be issued
for a period not exceeding one year and may be renewed from time to time
for periods of not exceeding one year, but each such note, including
renewals, shall mature and be paid not later than the fifth anniversary
of the date the original note was issued. Such notes shall be authorized
by ordinance of the board and shall be in such denomination or
denominations, shall bear interest at such rate or rates approved by the
board, shall be in such form and shall be executed in such manner, all as
the board shall prescribe. Such notes may be sold at public or private
sale in the manner and at such price or prices as the board shall
determine, provided that if such notes be renewal notes, they may be
exchanged for notes then outstanding on such terms as the board shall
determine. [1971 c.546 §5] The board may from time to time sell
revenue bonds authorized to be issued and sold pursuant to ORS 778.145 to
778.175, at public or private sale, in the manner and at such price or
prices as it shall determine. [1971 c.546 §6] Revenue
bonds including refunding revenue bonds issued under ORS 778.145 to
778.175 shall be considered to be bonds or obligations of a political
subdivision of the State of Oregon for the purposes of all laws of the
state. [1971 c.546 §7] The power and
authority given to the Port of Portland is vested in and shall be
exercised by a board of nine commissioners. The board may exercise such
powers, at regular or special meetings, as is usual and customary with
similar bodies. [Amended by 1971 c.728 §125] (1) The board shall be composed
of residents of the State of Oregon. The Governor shall make appointments
to the board so as to assure that not fewer than two board members are
residents of each county constituting the port district.
(2) A person is eligible for appointment as a commissioner of the
Port of Portland 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 State of Oregon.
[Amended by 1961 c.469 §1; 1971 c.403 §17; 1971 c.728 §126; 1973 c.178
§3; 1987 c.179 §1; 1997 c.461 §1] (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 778.220 and 778.235, 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. [Amended by 1969 c.695 §15; 1971 c.728
§127] 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 Multnomah 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 778.215. [Amended by 1971 c.728 §128] (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. [Amended by 1971 c.728 §129] (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. [Amended by 1969 c.345 §19; 1971 c.728
§130; 1987 c.51 §1] (1) If a
commissioner appointed pursuant to ORS 778.215 refuses to serve, ceases
to have the qualifications required by ORS 778.210 (1) or fails to attend
for the period of 60 successive days any of the regular or special
meetings of the board regularly and duly called and held, the
commissioner’s place on the board is vacant.
(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 City of Portland. [Amended by
1961 c.469 §2; 1971 c.728 §131](1) The board may legislate with respect to the
internal affairs of the Port of Portland by the adoption of ordinances.
Every ordinance enacted by the board shall be preceded by an enacting
clause substantially as follows: “Be It Enacted by The Port of Portland.”
(2) Except as otherwise provided by this section, in order to be
effective, all ordinances require the affirmative vote of a majority of
the commissioners of the port at a meeting of the board duly and
regularly held.
(3) Ordinances making appropriations, the annual tax levy and
emergency ordinances take effect immediately upon passage. All other
ordinances are subject to the referendum and shall become effective 30
days after enacted, unless a later date is fixed therein, in which event
they shall take effect at a later date, subject to the referendum. Except
for ordinances making appropriations and the annual tax levy, when an
ordinance is enacted, a notice containing a concise summary of the
ordinance and the location within the port where a copy of the complete
ordinance may be obtained without charge shall, within five days after
passage of the ordinance, be published at least once in a newspaper of
general circulation within the port.
(4) Ordinances making appropriations and the annual tax levy and
emergency ordinances shall be passed by an aye and nay vote. Emergency
ordinances shall contain the statement that an emergency exists and
specify with distinctness the facts and reasons constituting the
emergency. The unanimous vote of all the commissioners present, and of
not less than seven commissioners, is required to pass an emergency
ordinance.
(5) In case a referendum petition is filed against an ordinance or
part thereof, the operation of the ordinance or part thereof shall be
suspended pending the outcome of the referendum election. [Amended by
1971 c.170 §1; 1971 c.728 §134](1) The board of the Port of Portland in
accordance with ORS 198.510 to 198.600 may by ordinance make, modify or
abolish regulations as convenient or necessary to provide for policing or
regulating the use of airports, and any facilities located at or in
conjunction with airports, owned, operated, maintained or controlled by
the port.
(2) The port may appoint peace officers who shall have the same
authority as other peace officers, for the enforcement of port, city and
county ordinances and state laws at airports owned, operated, maintained
or controlled by the port.
(3) This section does not limit the authority of a state, county or
municipal peace officer to enforce state laws and city and county
ordinances at airports owned, operated, maintained or controlled by the
port. [1955 c.425 §§1,2,3; 1971 c.268 §22; 1971 c.728 §135; 1979 c.102 §1] (1) Except as
provided in this section, the electors of the Port of Portland may
exercise the powers of the initiative and referendum, with reference to
ordinances of the board, in accordance with ORS 255.135 to 255.205.
(2) A referendum petition shall be filed not more than 30 days
after the date the ordinance is adopted. [1973 c.178 §5; 1983 c.350 §327]PENALTIES Any person who violates an ordinance adopted by
the board of the Port of Portland under ORS 778.085 or 778.260 shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine
of not more than $250. [1971 c.728 §136]
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