2007 Oregon Code - Chapter 381 :: Chapter 381 - Interstate Bridges
Chapter 381 —
Interstate Bridges
2007 EDITION
INTERSTATE BRIDGES
HIGHWAYS, ROADS, BRIDGES AND FERRIES
INTERSTATE BRIDGES UNDER STATE JURISDICTION
381.005Â Â Â Â Construction,
acquisition and maintenance of
381.010Â Â Â Â Agreements
for carrying out powers
381.015Â Â Â Â Contents
of agreement
381.020Â Â Â Â Using
funds available for bridge expenses; reimbursement
381.075Â Â Â Â Bridge,
connecting road and approaches as state highway
381.080Â Â Â Â ORS
381.005 to 381.075 as cumulative
381.096Â Â Â Â Construction,
acquisition and maintenance of
381.098Â Â Â Â Agreements
for carrying out powers granted by ORS 381.096
381.100Â Â Â Â Contents
of agreement
INTERSTATE BRIDGES UNDER LOCAL JURISDICTION
381.205Â Â Â Â Construction,
acquisition and maintenance of interstate bridges by counties, cities, towns
and ports
381.210Â Â Â Â Agreements
for carrying out powers of counties, cities, towns and ports
381.215Â Â Â Â Independent
or cooperative action
381.220Â Â Â Â Contents
of agreement
381.225Â Â Â Â Using
funds available to public body for bridge expenses
381.227Â Â Â Â Employment
and compensation of attorneys
381.230Â Â Â Â Using
bond proceeds for bridge expenses; security
381.235Â Â Â Â Formal
requirements and conditions of bonds
381.237Â Â Â Â Issuance
of refunding revenue bonds
381.239Â Â Â Â Revenue
bonds and refunding revenue bonds are negotiable instruments; not deemed
general obligations of issuer
381.240Â Â Â Â Incurring
indebtedness for bridge expenses; issuing voted bonds
381.245Â Â Â Â Payment
of bond principal and interest with bridge tolls
381.250Â Â Â Â Acceptance
of funds from United States and gifts
381.255Â Â Â Â Selection
of bridge sites
381.260Â Â Â Â Plans
and specifications for bridge construction
381.265Â Â Â Â Provision
in bridge plans for rail traffic; contracting with railroad companies
381.270Â Â Â Â Bids
for bridge construction
381.275Â Â Â Â Contracts
made in name of authority authorizing work
381.280Â Â Â Â Bond
required with certain contracts
381.285Â Â Â Â Power
to exercise eminent domain
381.290Â Â Â Â Operation
of bridge as free or toll bridge
381.295Â Â Â Â Bridge,
connecting road and approaches as state highway
381.300Â Â Â Â Acquisition
and operation of interstate ferry by bridge authority
381.302Â Â Â Â Acquiring
and operating interstate ferry by bridge authority as part of cost of acquiring
interstate bridge
381.305Â Â Â Â Authority
conferred by ORS 381.205 to 381.300 is supplemental authority
INTERSTATE BRIDGES FINANCED BY
381.405    “Construct,”
“construction” and “county court” defined
381.410Â Â Â Â Interstate
bridges as permanent roads
381.415Â Â Â Â Counties
given state power to construct bridges
381.420Â Â Â Â County
financing construction of interstate bridges
381.440Â Â Â Â Bond
election; petition requirements; debt limitation
381.490Â Â Â Â County
bonding committee
381.495Â Â Â Â Duties
and powers of bonding committee
381.500Â Â Â Â Terms
and conditions of bonds
381.505Â Â Â Â Registering
bonds
381.510Â Â Â Â Bond
advertisement and sale
381.515Â Â Â Â Custody
and disbursement of bond proceeds
381.520Â Â Â Â Tax
to pay bond interest and principal
INTERSTATE BRIDGES FINANCED BY CITY BONDS
381.605Â Â Â Â City
construction, operation and financing of interstate bridges
381.611Â Â Â Â Bond
election; petition requirements
381.615Â Â Â Â Majority
vote required
381.635Â Â Â Â Duties
and powers of council
381.640Â Â Â Â Terms
and conditions of bonds
381.645Â Â Â Â Registering
bonds
381.650Â Â Â Â Bond
advertisement and sale
381.655Â Â Â Â Custody
and disbursement of bond proceeds
381.660Â Â Â Â Use
of tolls to pay bonded indebtedness and bridge maintenance
381.665Â Â Â Â Tax
for bridge expense not paid by tolls
381.670Â Â Â Â Plans
for bridge construction; bids; awarding contract
INTERSTATE BRIDGES UNDER STATE JURISDICTION
     381.005
Construction, acquisition and maintenance of
     381.010
Agreements for carrying out powers. For the purpose of carrying out or putting into effect the right,
power and authority granted by ORS 381.005 to 381.080 or any other law, the
Department of Transportation in the name of the state may make and enter into
agreements with:
     (1) The Government of the
     (2) The State of
     (3) Any county, municipality, port or
other political subdivisions or agencies of the State of
     (4) Any county, municipality, port or any
other political subdivisions of this state.
     (5) Any persons, associations,
corporations, domestic or foreign.
     381.015
Contents of agreement. Any
agreement made or contract entered into pursuant to the authority of ORS
381.005 to 381.080 shall, among other things, contain express provisions with
respect to:
     (1) The site of the bridge.
     (2) The maximum financial obligation
assumed by each of the contracting parties.
     (3) The estimated cost of the structure
with its approaches and connecting roads.
     (4) The sources from which all the funds
are to be obtained or derived.
     (5) Whether the bridge is to be operated
free to the public or as toll bridge.
     (6) Any other appropriate matters or
provisions consistent with the prudent principles of economy and good business.
     381.020
Using funds available for bridge expenses; reimbursement. The Department of Transportation may pay out
of state highway funds or any other funds available to it any part of the cost
of the construction, purchase, maintenance, operation, repair, reconstruction
and improvement of any bridge mentioned in ORS 381.005 assessed and allocated
to this state. In the event the bridge is operated as a toll bridge, then the
share of toll revenues accruing to this state shall be applied by the
department to reimburse the state highway funds for expenditures made in
connection with the bridge.
     381.025 [Repealed by 2007 c.531 §19]
     381.030 [Repealed by 2007 c.531 §19]
     381.035 [Repealed by 2007 c.531 §19]
     381.040 [Repealed by 2007 c.531 §19]
     381.045 [Repealed by 2007 c.531 §19]
     381.050 [Repealed by 1975 c.771 §33]
     381.055 [Repealed by 1969 c.197 §1]
     381.060 [Repealed by 1975 c.771 §33]
     381.065 [Amended by 1971 c.741 §27; repealed by 2007
c.531 §19]
     381.070 [Repealed by 2007 c.531 §19]
     381.075
Bridge, connecting road and approaches as state highway. The connecting road and approaches to any
bridge mentioned in ORS 381.005, on the Oregon side of the Columbia River,
together with the bridge to the center of the channel of the river, shall be
part of the Oregon state highway system and shall be so declared and designated
by the Department of Transportation by an appropriate resolution duly adopted
and entered in the minutes and records of the department.
     381.080
ORS 381.005 to 381.075 as cumulative. The authority conferred by ORS 381.005 to 381.075 is cumulative and in
addition and supplemental to the authority conferred by any other law.
     381.085 [Repealed by 1953 c.389 §7]
     381.086 [1953 c.389 §1; repealed by 2007 c.531 §19]
     381.088 [1953 c.389 §2; 1987 c.447 §123; repealed by
2007 c.531 §19]
     381.090 [1953 c.389 §3; repealed by 2007 c.531 §19]
     381.092 [1953 c.389 §4; repealed by 2007 c.531 §19]
     381.094 [1953 c.389 §5; repealed by 2007 c.531 §19]
     381.096
Construction, acquisition and maintenance of
     381.098
Agreements for carrying out powers granted by ORS 381.096. For the purpose of carrying out or putting
into effect the right, power and authority granted by ORS 381.096 or any other
law, the Department of Transportation in the name of the state may make and
enter into agreements with:
     (1) The Government of the
     (2) The State of
     (3) Any county, municipality, port or
other political subdivisions or agencies of the State of
     (4) Any county, municipality, port or any
other political subdivisions of this state.
     (5) Any persons, associations,
corporations, domestic or foreign. [1955 c.85 §2]
     381.100
Contents of agreement. Any
agreement made or contract entered into pursuant to the authority of ORS
381.098 shall, among other things, contain express provisions with respect to:
     (1) The site of the bridge.
     (2) The maximum financial and other
obligations assumed by each of the contracting parties.
     (3) The estimated cost of the structure
with its approaches and connecting roads.
     (4) The sources from which all the funds
are to be obtained or derived.
     (5) Any other appropriate matters or
provisions consistent with the prudent principles of economy and good business.
[1955 c.85 §3]
     381.110 [1989 c.264 §5; repealed by 2007 c.531 §19]
INTERSTATE
BRIDGES UNDER LOCAL JURISDICTION
     381.205
Construction, acquisition and maintenance of interstate bridges by counties,
cities, towns and ports.
Each county, city, town or port of this state adjoining or bordering on any
interstate river or stream of water may construct, reconstruct, purchase, rent,
lease or otherwise acquire, improve, operate and maintain bridges over any
interstate river or stream of water to any adjoining state.
     381.210
Agreements for carrying out powers of counties, cities, towns and ports. For the purpose of carrying out or putting
into effect the right, power and authority granted by ORS 381.205 to 381.305 or
any other law, each of the public bodies or agencies mentioned in ORS 381.205
may make and enter into any agreements with:
     (1) The Government of the
     (2) The State of
     (3) Any adjoining state, the county,
municipality, port or other political subdivision or agency of such adjoining
state.
     (4) The Oregon Department of
Transportation.
     (5) Any persons, associations,
corporations, domestic or foreign.
     381.215
Independent or cooperative action. In carrying out ORS 381.205 to 381.305, each of the counties, cities,
towns or ports mentioned in ORS 381.205 may act independent of or in
conjunction with each other upon such terms and conditions as may be agreed
upon by the contracting parties.
     381.220
Contents of agreement. Any
agreement made or contract entered into pursuant to the authority of ORS
381.205 to 381.305 shall, among other things, contain express provisions with
respect to:
     (1) The site of the bridges.
     (2) The maximum financial obligation
assumed by each of the contracting parties.
     (3) The estimated cost of the structure
with its approaches and connecting roads.
     (4) The sources from which all the funds
are to be obtained or derived.
     (5) Whether the bridge is to be operated
free to the public or as a toll bridge.
     (6) Any other appropriate matter or
provision consistent with the prudent principles of economy and good business.
     381.225
Using funds available to public body for bridge expenses. Any county, city, town or port mentioned in
ORS 381.205 may pay out of its respective funds or any other funds available to
any of them, all or any part of the cost of the construction, reconstruction,
purchase, maintenance, operation or repair of any bridge authorized by ORS
381.205 to 381.305.
     381.227
Employment and compensation of attorneys. Whenever any county undertakes the construction or acquisition of an
interstate bridge or ferry pursuant to ORS 381.205 to 381.305, the county court
or board of county commissioners may employ and pay reasonable compensation to
attorneys, including the district attorney of the county, for services
heretofore or hereafter performed in connection with the construction or
acquisition of such bridge or ferry. Such compensation, which in the case of
the district attorney shall be in addition to any other compensation allowed by
law, shall be payable solely out of the funds received from the sale of bonds
for the construction or acquisition of the bridge or ferry or the revenues
derived from the operation thereof. [1953 c.44 §1]
     381.230
Using bond proceeds for bridge expenses; security. The construction, purchase, acquisition,
operation or maintenance of any bridge or of its approaches authorized by ORS
381.205 to 381.305 may be financed in whole or in part through the issuance and
sale of revenue bonds. As security for the payment of the bonds, the total or
any part of the revenues from any such bridge may be hypothecated and pledged
by the governing authorities purchasing, constructing, operating or maintaining
the bridge without the necessity of the electors of the political subdivisions
authorizing the same. However, no such hypothecation or pledge of revenues, or
the issuance of the revenue bonds shall constitute in any manner, or to any
extent be made to constitute, a general obligation of any county, city, town or
port making the pledge.
     381.235
Formal requirements and conditions of bonds. Revenue bonds mentioned in ORS 381.230:
     (1) Shall be made to mature at such times
and bear such annual rate of interest, payable semiannually, as the authority
issuing them may determine.
     (2) May have coupons attached representing
the interest payments.
     (3) Shall contain a recital that the bonds
and the interest thereon shall be limited in payment to the special fund to be
derived from tolls or other income from the bridge.
     (4) May contain such other terms and
conditions and be in such form and signed by such official or officials as the
authority issuing the bonds shall determine, but the coupons attached to the
revenue bonds need bear only the facsimile signature of the officer designated
to sign the coupons.
     381.237
Issuance of refunding revenue bonds. (1) Any county, city, town or port mentioned in ORS 381.205,
heretofore or hereafter issuing its revenue bonds under ORS 381.205 to 381.305,
may thereafter issue and sell its refunding revenue bonds for the purpose of
refinancing and redeeming such outstanding revenue bonds at maturity pursuant
to redemption provisions, or at any time before maturity either with the
consent of the holders thereof or if the bonds shall so provide.
     (2) In determining the amount of refunding
revenue bonds to be issued:
     (a) Due credit shall be given for the
application of any sinking funds available for the payment of such outstanding
revenue bonds, less appropriate reserves deemed necessary to be retained on
account of the refunding revenue bonds.
     (b) There may be included in determining
such amount the costs and expenses in connection with the issuance and sale of
the refunding revenue bonds, the premium, if any, to be paid on any of the
revenue bonds to be refunded, the unpaid interest to accrue on the revenue
bonds to be refunded prior to the retirement thereof, and the cost of any
improvements to the bridge then determined by the governing authority to be
necessary or advisable.
     (3) The refunding revenue bonds shall be
secured in the same manner and be payable from the same source as the revenue
bonds refinanced and redeemed as may be otherwise provided in the resolution
adopted by the governing authority of the county, city, town or port, but in no
event shall such refunding revenue bonds constitute general obligations of the
county, city, town or port, nor an indebtedness or liability within the meaning
of any constitutional limitation or provision. [1953 c.648 §2]
     381.239
Revenue bonds and refunding revenue bonds are negotiable instruments; not
deemed general obligations of issuer. All revenue bonds and refunding revenue bonds issued under ORS 381.205
to 381.305 shall be negotiable instruments under the law merchant,
notwithstanding they shall be payable solely from the revenues pledged for that
purpose. None of such bonds shall be deemed a charge upon the tax or other
revenues of the issuing entity. [1951 c.648 §4]
     381.240
Incurring indebtedness for bridge expenses; issuing voted bonds. Any and all of the counties, cities, towns
or ports mentioned in ORS 381.205, independently or in conjunction with each
other, may incur indebtedness and issue negotiable bonds therefor in order to
obtain funds for the whole or any part of the cost of the construction,
reconstruction, purchase, acquisition or maintenance of the bridges authorized
by ORS 381.205 to 381.305 when so authorized by the electors of the county,
city, town or port. The proposition to incur such indebtedness and to issue
bonds therefor may be submitted to the electors of the political subdivision at
any general or special election.
     381.245
Payment of bond principal and interest with bridge tolls. If any bridge constructed, purchased or
otherwise acquired under ORS 381.205 to 381.305 is operated as a toll bridge,
and the revenues or any part thereof derived as a result of the tolls and
charges collected have been pledged and revenue bonds issued, in fixing and
determining the amount of tolls to be charged consideration shall be given,
among other things, to the amount necessary to be received to pay the interest
upon the revenue bonds and to provide for the retirement of the principal of
the bonds. Provisions shall be made for the application of the revenue so
received to the payment of the interest and principal of the revenue bonds as
their respective payments become due.
     381.250
Acceptance of funds from United States and gifts. In carrying out ORS 381.205 to 381.305 each
of the counties, cities, towns or ports mentioned in ORS 381.205 may:
     (1) Accept from the
     (2) Accept from any source any grant or
donation of land or any gift of money or other valuable thing made available
for any of the purposes contemplated by ORS 381.205 to 381.305.
     381.255
Selection of bridge sites.
The parties contracting for the construction of any bridges under ORS 381.205
to 381.305 shall select and agree upon sites, but no such bridge shall be
constructed unless it connects or provision is made for connection with a state
and federal highway in this state and any state or federal highway in the adjoining
state.
     381.260
Plans and specifications for bridge construction. Before any bridge is constructed by any of
the counties, cities, towns or ports mentioned in ORS 381.205, the authorities
desiring to construct the same shall select the location of the bridge and
prepare the plans and specifications and the estimated cost of the structure,
including rights of way, approaches and connecting roads.
     381.265
Provision in bridge plans for rail traffic; contracting with railroad
companies. (1) Preparation
of the specifications and designs of any bridge constructed under ORS 381.205
to 381.305 may give consideration to and include provisions for facilities and
accommodations for traffic by rail as well as for traffic by motor vehicle,
team, pedestrian or other regular highway traffic.
     (2) If provision is made for rail traffic,
then the agencies under whose jurisdiction and control the bridge has been
constructed may contract with any railroad companies for the use of the part of
the bridge constructed to accommodate traffic by rail. The contract may be upon
such terms and conditions as the interested parties may agree.
     381.270
Bids for bridge construction.
Competitive bids shall be invited for the construction of any bridge mentioned
in ORS 381.260 in conformity with the plans, specifications and design. The
call for bids shall require that each bidder accompany the bid with a certified
check or a bidderÂ’s bond or an irrevocable letter of credit issued by an
insured institution as defined in ORS 706.008 in the amount of not less than
five percent of the amount of the bid. The contract, if awarded, shall be
awarded to the bidder adjudged to be the lowest and best, responsible bidder.
Any and all bids may be rejected and refused if it appears to be the best interest
of the general public. [Amended by 1991 c.331 §60; 1997 c.631 §468]
     381.275
Contracts made in name of authority authorizing work. All contracts made and entered into for the
construction, purchase, acquisition, reconstruction, improvement or repair of
any bridge mentioned in ORS 381.205 shall be made in the name of the authority
authorizing performance of the work.
     381.280
Bond required with certain contracts. There shall be required, in connection with all contracts mentioned in
ORS 381.275 and involving the employment of labor and materials, a satisfactory
bond in a sum not less than 50 percent of the total amount of the contract. The
bond:
     (1) Shall be conditioned upon the faithful
performance of the contract.
     (2) Shall contain a condition that the
contractor shall promptly, as due, make payments to all persons supplying the
contractor, or the subcontractors, labor and materials of the contractor for
the performance of the work, and that such contractor shall pay all
contributions or amounts due to the State Industrial Accident Fund from such
contractor or subcontractors of the contractor incurred in the performance of
the contract.
     (3) May contain such other conditions or
provisions as the
     381.285
Power to exercise eminent domain. Any county, city, town or port mentioned in ORS 381.205 may exercise
the power of eminent domain to carry out any of the provisions of ORS 381.205
to 381.305 in accordance with the procedure provided in ORS chapter 35. [Amended
by 1971 c.741 §28]
     381.290
Operation of bridge as free or toll bridge. Any bridge constructed, purchased or otherwise acquired and operated
under ORS 381.205 to 381.305 may be operated free to the public or on toll. If
operated on toll, the revenues therefrom may be pledged as provided in ORS
381.230.
     381.295
Bridge, connecting road and approaches as state highway. The connecting road and approaches to any
bridges mentioned in ORS 381.205, on the Oregon side of the interstate river,
together with the bridge to the center of the channel of the river, shall be
part of the Oregon state highway system and shall be so declared and designated
by the Department of Transportation by an appropriate resolution duly adopted
and entered in the minutes and records of the department.
     381.300
Acquisition and operation of interstate ferry by bridge authority. In the event that any county, city, town or
port mentioned in ORS 381.205 has purchased or acquired or agreed to purchase
or acquire any ferry which is being operated in carrying passengers and freight
over and across any interstate river or stream at or in proximity to the site
or location of a bridge constructed or to be constructed under ORS 381.205 to
381.305, the authority constructing the bridge may:
     (1) Enter into an agreement with the
political subdivision which has acquired or agreed to acquire the ferry,
succeeding to its rights upon such terms and conditions as may be mutually agreed
to by the interested parties.
     (2) Operate the ferry free to the public
or on tolls. If operated on tolls the revenues derived therefrom may be pledged
and revenue bonds issued and sold in the same manner as provided in ORS 381.230
and 381.235 for the pledging of the tolls received from bridges and issuing
revenue bonds thereon and therefor.
     381.302
Acquiring and operating interstate ferry by bridge authority as part of cost of
acquiring interstate bridge.
(1) Whenever any county, city, town or port mentioned in ORS 381.205,
heretofore or hereafter determines through its governing authority to construct
a bridge under ORS 381.205 to 381.305, it may, as a part of the cost of the
bridge, include and acquire any then existing and operating ferry, with appurtenant
properties, which the governing body determines to be serving the same area to
be served by the proposed bridge and the continued operation of which would
adversely affect the traffic on the bridge.
     (2) Any ferry thus acquired may be
operated by the authority constructing such bridge free or on tolls, and if
operated on tolls, the tolls charged shall be pledged to the payment of its
revenue bonds and interest thereon issued on account of the bridge. Tolls thus
collected shall be sufficient to meet all operating costs and expenses,
including insurance, maintenance and a reasonable depreciation, and such
payments as may have been determined by the governing authority to be necessary
to apply on the amortization of the principal and interest of the revenue bonds
during the period pending the completion and opening of the bridge.
     (3) Upon the opening of such bridge to
traffic, and thereafter while the bridge is open to traffic, no ferry thus
acquired shall operate. The property used in the operation of any such ferry
may be sold or disposed of by the governing authority in such manner as will
protect the bridge from the competition thereof.
     (4) Acquisition of any such ferry may be
made upon such terms as the governing authority shall determine, and the acquisition
price may be made payable not later than the time of the opening of the bridge.
     (5) Whenever the governing authority of
the county, city, town or port determines to proceed in accordance with this
section to acquire any ferry as a part of the cost of a bridge, and to
thereafter operate such ferry as permitted by this section, it may do so
regardless of whether such ferry operates from a point within the boundaries of
the county, city, town or port, provided that there has been received a report
of engineers indicating the advisability of the acquisition of such ferry in
connection with the construction and operation of the bridge. [1953 c.648 §3]
     381.305
Authority conferred by ORS 381.205 to 381.300 is supplemental authority. The authority conferred by ORS 381.205 to
381.300 is in addition and supplemental to the authority conferred by any other
law.
INTERSTATE
BRIDGES FINANCED BY
     381.405
“Construct,” “construction” and “county court” defined. As used in ORS 381.405 to 381.520:
     (1) “Construct” includes repair, maintain,
improve or other words of similar meaning.
     (2) “Construction” includes repair,
maintenance, improvement or other words of similar meaning.
     (3) “County court” means the county court
of the county in which the bridge mentioned in the context is situated, and
includes the board of county commissioners or other constituted authorities in
the county having control of bridge construction.
     381.410
Interstate bridges as permanent roads. Bridges over rivers and bodies of water forming interstate boundaries
are permanent roads and include approaches and viaducts leading thereto.
     381.415
Counties given state power to construct bridges. For the purposes of ORS 381.405 to 381.520
the right, power and authority of the state to construct bridges, viaducts and
roadways over navigable streams and the beds thereof or upon any state lands is
granted and given to all counties.
     381.420
County financing construction of interstate bridges. Counties may borrow money for the purpose of
constructing interstate bridges and issue bonds to evidence such indebtedness.
     381.425 [Repealed by 1991 c.220 §15]
     381.430 [Repealed by 1991 c.220 §15]
     381.435 [Repealed by 1991 c.220 §15]
     381.440
Bond election; petition requirements; debt limitation. (1) This section establishes the procedure
for determining whether a county shall issue bonds for the construction of an
interstate bridge under ORS 381.420. The question shall be decided by election.
The county court:
     (a) May order the election on its own
resolution; or
     (b) Shall order the election when a
petition is filed as provided in this section.
     (2) The order of the county court calling
the election shall set out the amount of bonds proposed to be issued, the
length of time they shall run and the maximum rate of interest they shall bear.
     (3) The requirements for preparing,
circulating and filing a petition under this section shall be as provided for
an initiative petition in ORS 250.165 to 250.235.
     (4) Notwithstanding subsection (3) of this
section, if ORS 250.155 makes ORS 250.165 to 250.235 inapplicable to a county,
the requirements for preparing, circulating and filing a petition under this
section shall be as provided for an initiative petition under the county
charter or an ordinance adopted under the county charter.
     (5) Notwithstanding subsection (1) of this
section, if the county debt for the construction of permanent roads already
incurred or authorized, together with the new debt sought to be created by the
petition, exceeds two percent of the assessed valuation of the county, then the
county court shall not call an election under this section.
     (6) An election under this section shall
be held on a date specified in ORS 203.085. The election shall be conducted
under ORS chapters 246 to 260.
     (7) A county may hold no more than one
election under this section in any 12-month period. [Amended by 1983 c.350 §248]
     381.445 [Repealed by 1983 c.350 §331a]
     381.450 [Repealed by 1983 c.350 §331a]
     381.455 [Repealed by 1983 c.350 §331a]
     381.460 [Repealed by 1983 c.350 §331a]
     381.465 [Repealed by 1983 c.350 §331a]
     381.470 [Repealed by 1983 c.350 §331a]
     381.475 [Repealed by 1983 c.350 §331a]
     381.480 [Repealed by 1983 c.350 §331a]
     381.485 [Repealed by 1983 c.350 §331a]
     381.490
County bonding committee.
The county court is created a bonding committee of the county. The judge of the
county court or chairperson of the board of county commissioners shall be
chairperson and the county clerk shall be secretary of the bonding committee.
     381.495
Duties and powers of bonding committee. If the electors of the county approve the issuance of bonds, the
bonding committee shall arrange to issue and sell the bonds. The bonding
committee may arrange the form, details and sale of the bonds in a manner
consistent with ORS 381.405 to 381.520. [Amended by 1983 c.350 §249]
     381.500
Terms and conditions of bonds.
(1) The bonds mentioned in ORS 381.420 shall:
     (a) Be in denominations of $100 or more,
but not exceeding $1,000.
     (b) Run not to exceed 30 years from the
date of issuance.
     (c) Bear interest at a rate not to exceed
six percent per year, payable on January 1 and July 1.
     (d) Have interest coupons attached to
them, one coupon for each interest payment that will be made.
     (e) Be signed by the judge of the county
court or chairperson of the board of county commissioners and the county clerk.
The interest coupons shall bear the printed facsimile signatures of the county
judge or chairperson of the board of county commissioners and the county clerk.
     (f) Be sealed with the seal of the county.
     (g) Bear the certificate of the county
treasurer over the signature of the county treasurer that they have been
registered in the office of the county treasurer, naming the date of register.
     (2) The bonds and interest coupons shall:
     (a) Be lithographed or printed on good
bond paper.
     (b) Be made payable to bearer, in any coin
or currency which, at the time of payment, is legal tender for the payment of
public and private debts within the
     (c) Be paid by the county treasurer upon
presentation at the office of the county treasurer or at the fiscal agency of
the state in
     381.505
Registering bonds. The
county treasurer shall keep a register of all the bonds issued or sold under
ORS 381.405 to 381.520, noting therein the number of bonds, amount, date of
issuance, date of sale and such facts as in the judgment of the county
treasurer serve to keep an accurate record of the bonds so issued and sold.
     381.510
Bond advertisement and sale.
(1) The bonding committee shall advertise in one newspaper in the county, if
there is one, in one leading newspaper in Portland, Oregon, and in one leading
financial newspaper in New York City for two weeks before any sale of bonds,
the fact of the sale, inviting bids for the bonds and stating such facts as
will interest prospective purchasers. For example, the date and place of sale,
the terms of sale, the character of the bonds, the amount, interest and
denomination of the bonds, the fact that all bids must be accompanied by a
certified check for five percent of the amount of the bid, that any and all
bids may be rejected, that the bonds may be sold only for cash, not below par,
and to the highest bidder and such other facts as may in the judgment of the
bonding committee procure the most advantageous sale of the bonds may be
stated.
     (2) All bids to purchase bonds shall be
sealed and accompanied by a certified check for five percent of the amount of
the bid. The bonding committee may reject any and all bids.
     (3) No bonds authorized by ORS 381.420
shall be sold for less than par or for anything but cash.
     381.515
Custody and disbursement of bond proceeds. The proceeds of all the bonds sold under ORS 381.405 to 381.520 shall
be paid into the county treasury and shall go into a special bridge fund. Such
proceeds shall be disbursed for the purposes for which the bonds are issued.
     381.520
Tax to pay bond interest and principal. The county court shall, at the time of making the annual tax levy upon
the previous yearÂ’s assessment, levy a tax on all the taxable property in the
county sufficient to pay the outstanding bonds at maturity and the interest on
all outstanding bonds for the current year. The proceeds derived from the tax
shall be used only for the payment of the principal and interest of the bonds.
Such proceeds shall be paid by the county treasurer to the bearer of the bonds
or sent to the fiscal agency at
INTERSTATE
BRIDGES FINANCED BY CITY BONDS
     381.605
City construction, operation and financing of interstate bridges. Incorporated cities may construct, maintain
and operate toll bridges over rivers and bodies of water forming interstate
boundaries, and for such purpose may borrow money and issue and sell bridge
bonds to evidence such indebtedness.
     381.610 [Repealed by 1983 c.350 §250 (381.611
enacted in lieu of 381.610)]
     381.611
Bond election; petition requirements. (1) This section establishes the procedure for determining whether a
city shall issue bonds for the construction of an interstate bridge under ORS
381.605. The question shall be decided by election. The city council:
     (a) May order the election on its own
resolution; or
     (b) Shall order the election when a
petition is filed as provided in this section.
     (2) The order of the city council calling
the election shall set out the amount of bonds proposed to be issued, the
length of time they shall run and the maximum rate of interest they shall bear.
     (3) The requirements for preparing,
circulating and filing a petition under this section shall be as provided for
an initiative petition in ORS 250.265 to 250.346, except that notwithstanding
ORS 250.325, the council shall not consider adoption or rejection of the
measure before submitting the measure to the city electors.
     (4) Notwithstanding subsection (3) of this
section, if ORS 250.255 makes ORS 250.265 to 250.346 inapplicable to a city,
the requirements for preparing, circulating and filing a petition under this
section shall be as provided for an initiative petition under the city charter
or an ordinance adopted under the city charter.
     (5) An election under this section shall
be held on a date specified in ORS 221.230. The election shall be conducted
under ORS chapters 246 to 260. [1983 c.350 §251 (enacted in lieu of 381.610)]
     381.615
Majority vote required. The
council may issue and sell bonds for the purpose mentioned in ORS 381.605 only
upon the approval of a majority of those voting on the question. [Amended by
1983 c.350 §252]
     381.620 [Repealed by 1983 c.350 §331a]
     381.625 [Repealed by 1983 c.350 §331a]
     381.630 [Repealed by 1983 c.350 §331a]
     381.635
Duties and powers of council.
If the electors of the city approve the issuance of bonds, the council shall
arrange to issue and sell the bonds. The council may arrange and provide the
form, terms and sale of the bonds, consistent with ORS 381.605 to 381.670. [Amended
by 1983 c.350 §253]
     381.640
Terms and conditions of bonds.
(1) The bonds mentioned in ORS 381.605 shall:
     (a) Be in denominations of $100 or more,
but not exceeding $1,000.
     (b) Run not to exceed 30 years from the
end of the respective issues thereof.
     (c) Bear interest at a rate not to exceed
six percent per year, payable on January 1 and July 1.
     (d) Have interest coupons attached to
them, one coupon for each interest payment that will be made.
     (2) The bonds and interest coupons shall:
     (a) Be lithographed or printed on good
bond paper.
     (b) Be made payable to bearer, in any coin
or currency which, at the time of payment, is legal tender for the payment of
public and private debts within the
     (c) Be paid by the city treasurer upon
presentation at the office of the city treasurer or at the fiscal agency of the
state in
     (d) Be signed by the mayor and city
recorder. The interest coupons shall bear the printed facsimile signatures of
the mayor and city recorder.
     (e) Be sealed with the seal of the
council.
     (f) Bear the certificate of the city
treasurer, over the signature of the city treasurer, that they have been
registered in the office of the city treasurer, naming the date of registry.
     381.645
Registering bonds. The city
treasurer shall keep a register of all the bonds issued or sold under ORS
381.605 to 381.670, noting therein the number of bonds, amount, date of
issuance, date of sale and such facts as in the judgment of the city treasurer
serve to keep an accurate record of the bonds so issued and sold.
     381.650
Bond advertisement and sale.
(1) The bonds shall be advertised and sold to the highest bidder for cash.
     (2) The council shall advertise in one
newspaper, if there is one, in the county in which the municipality is located,
in one leading newspaper in Portland, Oregon, and in one leading financial
newspaper in New York City for two weeks before any sale of bonds, the fact of
the sale, inviting bids for the bonds and stating such facts as will interest prospective
purchasers. For example, the date and place of sale, the terms of sale, the
character of the bonds, the amount of interest and denomination of the bonds,
the fact that all bids must be accompanied by a certified check for five
percent of the amount of the payment, that any and all bids may be rejected,
that the bonds may be sold for cash only and to the highest bidder and such
other facts as may in the judgment of the council procure the most advantageous
sale of the bonds may be stated.
     (3) All bids to purchase bonds must be
sealed and accompanied by a certified check for five percent of the amount of
the bid. The council may reject any and all bids.
     381.655
Custody and disbursement of bond proceeds. The proceeds of all the bonds sold under ORS 381.605 to 381.670 shall
be paid into the city treasury and shall go into a special bridge fund. Such
proceeds shall be disbursed for the purposes for which the bonds are issued.
     381.660
Use of tolls to pay bonded indebtedness and bridge maintenance. (1) Tolls shall be fixed, charged and
collected for passage over the bridge mentioned in ORS 381.605, and shall be so
fixed and adjusted as to provide a fund sufficient to pay the principal and
interest of the bonds issued for such bridge and an additional fund to pay the
cost of maintaining, repairing and operating such bridge.
     (2) The tolls, except such part thereof as
may be necessary to pay the cost of maintaining, repairing and operating the
bridge, shall be placed in a special fund, which is pledged to and charged with
the payment of the bonds and the interest thereon.
     381.665
Tax for bridge expense not paid by tolls. Should the tolls and revenues procured for the use of the bridge be
insufficient to pay the cost of maintaining, repairing and operating the bridge
and the interest and principal upon bonded indebtedness as it accrues, the city
council may each year levy and collect taxes upon all property, real and
personal, situated within the boundaries of the municipality and which is by
law taxable for state and other purposes, sufficient to provide for such
deficit, subject, however, to charter provisions and the provisions of the
Oregon Constitution with respect to debt limitations.
     381.670
Plans for bridge construction; bids; awarding contract. (1) The council shall cause to be prepared
surveys, plans, specifications and estimates for the materials to be used and
the manner and method of construction of any bridge constructed under ORS
381.605 to 381.670.
     (2) The council shall invite bids for the
construction of any such bridge in conformity with the plans and
specifications.
     (3) The council shall award the contract
to the lowest and best responsible bidder, but any and all bids may be rejected
if it appears to the best interests of the general public. [Amended by 1971
c.659 §5]
     381.805 [Repealed by 2007 c.531 §19]
     381.810 [Repealed by 2007 c.531 §19]
     381.815 [Repealed by 2007 c.531 §19]
     381.820 [Repealed by 2007 c.531 §19]
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