2007 Oregon Code - Chapter 777 :: Chapter 777 - Ports Generally
Chapter 777 —
Ports Generally
2007 EDITION
PORTS GENERALLY
SHIPPING AND NAVIGATION
PORTS
(Definitions)
777.005Â Â Â Â Definitions
for ORS 777.005 to 777.725 and 777.915 to 777.953
(Organization of Ports)
777.010Â Â Â Â Areas
that may be included in port
777.050Â Â Â Â Operation
and effect of proclamation; general corporate powers and capacity
(Facilities for World Maritime Trade)
777.065Â Â Â Â Development
of port facilities at certain ports as state economic goal; state agencies to
assist ports
(Port Powers and Functions; Port
Commissioners)
777.080Â Â Â Â Application
of special district election laws to ports
777.090Â Â Â Â Agreements
between ports; allocation of expenses and revenues
777.095Â Â Â Â Agreement
between
777.100Â Â Â Â Annual
report to legislative committees concerning agreements made under ORS 777.090
777.105Â Â Â Â Bay,
river and harbor improvement
777.108Â Â Â Â Agreements
between two or more ports
777.110Â Â Â Â Contracts
with federal government
777.112Â Â Â Â Contracts
or intergovernmental agreements between ports and others
777.113Â Â Â Â Port
assistance to public bodies within port boundaries
777.116Â Â Â Â Port
may acquire real and personal property; appraisal by state certified appraiser
required; purchase contract limited
777.120Â Â Â Â PortÂ’s
authority over harbors, wharf lines and navigation
777.125Â Â Â Â Ports
may maintain tug and pilotage service; charges; portÂ’s liability limited;
salvage claims
777.132Â Â Â Â Authority
of ports to distribute water; construct and maintain marina and recreation
facilities
777.135Â Â Â Â Board
of port commissioners; qualifications; appointment; term; first meeting;
election; vacancies
777.137Â Â Â Â Designation
of position numbers for commissioners
777.140Â Â Â Â Board
meetings; board officers; rules; public records
777.150Â Â Â Â Port
employees; compensation
777.155Â Â Â Â Division
of ports into subdistricts
777.160Â Â Â Â Representation
by subdistricts; terms of commissioners after subdistricting
777.165Â Â Â Â Vacancies
777.180Â Â Â Â Powers
of ports created by special laws
777.190Â Â Â Â Ordinances
for policing or regulating of port property
777.195Â Â Â Â Port
may engage in certain water commerce-related activities
777.210Â Â Â Â Port
may engage in certain port management activities
777.220Â Â Â Â Port
may collect certain fees from port users
777.230Â Â Â Â Port
may generate electric power; sale of power limited to utilities and federal
agency; use of natural gas as fuel for generating facilities
777.240Â Â Â Â Port
may advertise and promote facilities and commerce
777.250Â Â Â Â Port
powers with respect to development and use of its lands; industrial or research
and development parks; sports, recreation, convention, trade show facilities
777.258Â Â Â Â General
powers of port in promotion of certain interests
777.262Â Â Â Â Port
dredging activities; legislative findings and purpose
777.267Â Â Â Â Marine
Navigation Improvement Fund
777.273Â Â Â Â Authority
of ports to operate pipelines; exceptions
(
777.277Â Â Â Â Definitions
for ORS 777.277 to 777.287
777.282Â Â Â Â Channel
Deepening Account; Channel Deepening Debt Service Account; payments to primary
sponsor
777.284Â Â Â Â Grant
agreement with primary sponsor; request for issuance of lottery bonds
777.287Â Â Â Â Agreements
with federal agencies
(Annexation)
777.326Â Â Â Â Special
procedure for annexations increasing by one-half or more the area or assessed
value of taxable property within the port
777.347Â Â Â Â Consent
of Department of State Lands for state lands
777.353Â Â Â Â Annexation
of enclave
777.365Â Â Â Â Name
change of port; notice
(Port Fiscal Matters)
777.405Â Â Â Â Deposit
and disbursement of moneys; financial records
777.410Â Â Â Â Ports
may borrow money and issue bonds
777.415Â Â Â Â Resolution
and election prerequisite to issuance of bonds
777.430Â Â Â Â Taxing
powers of ports
777.435Â Â Â Â Levy,
assessment and collection of taxes
777.437Â Â Â Â Filing
boundary change with county assessor and Department of Revenue
777.440Â Â Â Â Levy
of special tax by county court upon default of port officers
777.445Â Â Â Â Procedure
subsequent to levy under ORS 777.440
777.447Â Â Â Â Promissory
notes authorized for port development purposes; limitations; form; payment
777.455Â Â Â Â Authority
to issue refunding bonds for specified purposes; amounts
777.460Â Â Â Â Refunding
bonds; terms and conditions; bond call
777.465Â Â Â Â Disposition
of refunding bonds
777.470Â Â Â Â Levy
of tax to meet principal and interest; amount required; disposition of proceeds
of tax
777.475Â Â Â Â Remedies
of holders of refunding bonds on default
777.480Â Â Â Â Construction
of ORS 777.455 to 777.505
777.485Â Â Â Â Compromise
and refunding agreements; contents; subsequent procedure; effect
777.500Â Â Â Â Advertisement
of bonds; bids; rejection of bids; readvertisement; time of sale limited
777.505Â Â Â Â Delivery
of bonds to purchaser; deposit of sale proceeds; redemption and retirement of
refunded bonds
777.510Â Â Â Â Port
warrants; execution; contents
777.515Â Â Â Â Payment
of warrants; interest on warrants
777.520Â Â Â Â Special
tax levy, rate, use of proceeds; bond sinking fund
777.530Â Â Â Â Special
assessments for local improvement; assessment ordinance; assessment districts
777.535Â Â Â Â Installment
payment of special assessment; limitation
777.560Â Â Â Â Ports
may issue and sell revenue bonds; use of proceeds
777.565Â Â Â Â Resolution
or ordinance authorizing revenue bonds and creating special trust fund
777.570Â Â Â Â Form
of bonds
777.575Â Â Â Â
777.585Â Â Â Â Refunding
revenue bonds
777.590Â Â Â Â Authority
to issue and sell revenue bonds; leasing property and pledging revenues
(Special Elections)
777.605Â Â Â Â Special
elections
(Establishment of Water Transportation Lines)
777.705Â Â Â Â Definitions
for ORS 777.705 to 777.725
777.710Â Â Â Â Payment
of bonus explained
777.715Â Â Â Â Ports
may pay bonuses in aid of water transportation and may charter vessels
777.720Â Â Â Â Discretion
of board in making payment; contracts
777.725Â Â Â Â Borrowing
money to pay bonus; bond issues, amount, terms, interest, signature, approval
by electors, name of bonds, sale
EXPORT TRADING CORPORATIONS
777.755Â Â Â Â Legislative
findings and policy
777.760Â Â Â Â Definitions
for ORS 777.755 to 777.800
777.763Â Â Â Â Export
trading corporation; formation by port; hearing; dissolution of corporation
777.765Â Â Â Â Powers
of export trading corporation
777.767Â Â Â Â Authorized
agreements
777.770Â Â Â Â Additional
fiscal powers of export trading corporation
777.773Â Â Â Â Status
of obligations of export trading corporation; prohibited investments
777.775Â Â Â Â Status
of export trading corporation; application of certain laws
777.780Â Â Â Â Board
of directors; election; term; compensation; board officers
777.783Â Â Â Â Board
meetings; rules; quorum
777.785Â Â Â Â Meetings
of board to be open to public; executive sessions
777.787Â Â Â Â Chief
executive officer of export trading corporation; appointment; removal
777.790Â Â Â Â Employees
of export trading corporation
777.793Â Â Â Â Disclosure
of commercial or financial information prohibited; exception
777.795Â Â Â Â Right
to inspect records of export trading corporation; certain records exempt from
disclosure
777.800Â Â Â Â Annual
report
777.915Â Â Â Â Definitions
for ORS 777.915 to 777.953
777.917Â Â Â Â Oregon
International Port of Coos Bay; applicability of statutes
777.920Â Â Â Â Board
of port commissioners; powers
777.923Â Â Â Â Qualifications
of port commissioners
777.925Â Â Â Â Appointment
of port commissioners; term; vacancies
777.927Â Â Â Â Removal
of port commissioner for malfeasance; statement of charges; notice; court
hearing
777.930Â Â Â Â Removal
of port commissioner for lack of attendance; authorized leave of absence
777.933Â Â Â Â Board
meetings; rules; executive committee
777.935Â Â Â Â Board
officers
777.937Â Â Â Â Board
to report to Legislative Assembly
777.940Â Â Â Â Power
to issue general obligation bonds; limitation; dedication of revenues; use of
proceeds
777.943Â Â Â Â Issuance
of bonds
777.945Â Â Â Â Certain
uses of bond proceeds prohibited in absence of elector approval
777.947Â Â Â Â Limitation
on annual issuance and aggregate amount of bonds in absence of elector approval
777.950Â Â Â Â Certain
uses of proceeds of bonds issued without elector approval prohibited
777.953Â Â Â Â Annexation;
authority; procedure; effect
(Temporary provisions relating to Coos Bay
Channel Project are compiled as notes following ORS 777.953)
PENALTIES
777.990Â Â Â Â Penalties
     777.003 [1987 c.607 §3; renumbered 285.800 in 1991]
PORTS
(Definitions)
     777.005
Definitions for ORS 777.005 to 777.725 and 777.915 to 777.953. 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]
(Organization
of Ports)
     777.010
Areas that may be included in port. (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]
     777.015 [Amended by 1967 c.342 §2; repealed by 1971
c.727 §203]
     777.020 [Amended by 1959 c.602 §2; 1963 c.252 §1;
repealed by 1971 c.727 §203]
     777.022 [1959 c.602 §4; 1963 c.252 §2; repealed by
1971 c.727 §203 and by 1971 c.728 §138]
     777.025 [Amended by 1967 c.342 §3; repealed by 1971
c.647 §149 and by 1971 c.728 §138]
     777.030 [Amended by 1959 c.57 §1; 1963 c.252 §3;
repealed by 1971 c.647 §149]
     777.035 [Amended by 1967 c.342 §4; repealed by 1971
c.727 §203]
     777.040 [Amended by 1959 c.602 §5; repealed by 1971
c.727 §203]
     777.045 [Repealed by 1971 c.647 §149 and by 1971
c.727 §203]
     777.050
Operation and effect of proclamation; general corporate powers and capacity. 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]
     777.055 [Repealed by 1971 c.728 §138]
     777.060 [Amended by 1963 c.268 §18; repealed by 1971
c.727 §203]
(Facilities
for World Maritime Trade)
     777.065
Development of port facilities at certain ports as state economic goal; state
agencies to assist ports.
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
     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.
(Port Powers
and Functions; Port Commissioners)
     777.080
Application of special district election laws to ports. (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]
     777.090
Agreements between ports; allocation of expenses and revenues. 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.
     777.095
Agreement between
     Note: See note under 777.090.
     777.100
Annual report to legislative committees concerning agreements made under ORS
777.090. Annually, the
directors of any agreeing ports and the Director of the Department of State
Lands shall report to appropriate legislative committees the nature of all
agreements made under ORS 777.090 and accomplishments thereunder. [1981 c.879 §11;
2007 c.354 §26]
     Note: See note under 777.090.
     777.105
Bay, river and harbor improvement. 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]
     777.108
Agreements between two or more ports. 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]
     777.110
Contracts with federal government. 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]
     777.112
Contracts or intergovernmental agreements between ports and others. (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]
     777.113
Port assistance to public bodies within port boundaries. 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.
     777.115 [Repealed by 1971 c.728 §16 (777.116 enacted
in lieu of 777.115)]
     777.116
Port may acquire real and personal property; appraisal by state certified
appraiser required; purchase contract limited. (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]
     777.120
PortÂ’s authority over harbors, wharf lines and navigation. (1) To the full extent the State of
     (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]
     777.125
Ports may maintain tug and pilotage service; charges; portÂ’s liability limited;
salvage claims. (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]
     777.130 [Amended by 1963 c.219 §1; 1963 c.365 §1;
1965 c.445 §1; 1967 c.416 §2; 1969 c.497 §1; repealed by 1971 c.728 §21
(777.195 to 777.258 enacted in lieu of 777.130)]
     777.132
Authority of ports to distribute water; construct and maintain marina and
recreation facilities. (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.
     777.135
Board of port commissioners; qualifications; appointment; term; first meeting;
election; vacancies. (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]
     777.137
Designation of position numbers for commissioners. (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]
     777.140
Board meetings; board officers; rules; public records. (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]
     777.145 [Repealed by 1969 c.345 §20]
     777.150
Port employees; compensation.
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]
     777.155
Division of ports into subdistricts. 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]
     777.160
Representation by subdistricts; terms of commissioners after subdistricting. (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]
     777.165
Vacancies. 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]
     777.170 [Amended by 1971 c.728 §40; 1975 c.647 §51;
repealed by 1981 c.173 §54 (777.171 enacted in lieu of 777.170)]
     777.171 [1981 c.173 §55 (enacted in lieu of
777.170); repealed by 1983 c.350 §331a]
     777.175 [Repealed by 1971 c.728 §138]
     777.180
Powers of ports created by special laws. 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]
     777.185 [Amended by 1963 c.327 §1; 1971 c.545 §1;
repealed by 1971 c.728 §16 (777.116 enacted in lieu of 777.185)]
     777.187 [1967 c.186 §2; repealed by 1971 c.728 §16
(777.116 enacted in lieu of 777.187)]
     777.190
Ordinances for policing or regulating of port property. 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]
     777.195
Port may engage in certain water commerce-related activities. 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]
     777.205 [1963 c.209 §3; repealed by 1971 c.727 §203]
     777.210
Port may engage in certain port management activities. 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]
     777.215 [1963 c.209 §4; repealed by 1971 c.727 §203]
     777.220
Port may collect certain fees from port users. 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)]
     777.225 [1963 c.209 §5; repealed by 1971 c.727 §203]
     777.230
Port may generate electric power; sale of power limited to utilities and
federal agency; use of natural gas as fuel for generating facilities. (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]
     777.240
Port may advertise and promote facilities and commerce. 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)]
     777.250
Port powers with respect to development and use of its lands; industrial or
research and development parks; sports, recreation, convention, trade show
facilities. (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
portÂ’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]
     777.255 [Repealed by 1963 c.268 §21]
     777.258
General powers of port in promotion of certain interests. 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)]
     777.260 [Repealed by 1963 c.268 §21]
     777.262
Port dredging activities; legislative findings and purpose. (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.
     777.265 [Repealed by 1963 c.268 §21]
     777.267
Marine Navigation Improvement Fund. (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.
     777.270 [Amended by 1959 c.602 §6; repealed by 1963
c.268 §21]
     777.272 [1959 c.602 §8; repealed by 1963 c.268 §21]
     777.273
Authority of ports to operate pipelines; exceptions. (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]
     777.275 [Repealed by 1963 c.268 §21]
(
     777.277
Definitions for ORS 777.277 to 777.287. 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
     (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) “
     (9) “Primary sponsor” means the
     (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.
     777.279 [1997 c.644 §2; 2001 c.942 §8; repealed by
2003 c.741 §17]
     777.280 [Repealed by 1963 c.268 §21]
     777.282
Channel Deepening Account; Channel Deepening Debt Service Account; payments to primary
sponsor. (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.
     777.284
Grant agreement with primary sponsor; request for issuance of lottery bonds. (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
     (a) Shall specify a method for determining
the total amount of the
     (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.
     777.285 [Repealed by 1963 c.268 §21]
     777.287
Agreements with federal agencies. The
     Note: See note under 777.277.
     777.289 [1997 c.644 §6; 2001 c.942 §11; repealed by
2003 c.741 §17]
     777.290 [Repealed by 1963 c.268 §21]
     777.295 [Repealed by 1963 c.268 §21]
     777.300 [1963 c.268 §2; repealed by 1971 c.727 §203]
     777.303 [1963 c.268 §3; repealed by 1971 c.727 §203]
     777.305 [Repealed by 1963 c.268 §21]
     777.307 [1963 c.268 §4; repealed by 1971 c.727 §203]
     777.310 [Repealed by 1963 c.268 §21]
     777.313 [1963 c.268 §5; repealed by 1971 c.727 §203]
     777.315 [Repealed by 1963 c.268 §21]
     777.317 [1963 c.268 §6; repealed by 1971 c.727 §203]
     777.320 [Repealed by 1963 c.268 §21]
     777.323 [1963 c.268 §7; repealed by 1971 c.727 §203]
     777.325 [Amended by 1959 c.602 §9; repealed by 1963
c.268 §21]
(Annexation)
     777.326
Special procedure for annexations increasing by one-half or more the area or
assessed value of taxable property within the port. (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]
     777.327 [1959 c.602 §11; repealed by 1963 c.268 §21]
     777.328 [1963 c.268 §8; repealed by 1971 c.727 §203]
     777.330 [Repealed by 1963 c.268 §21]
     777.333 [1963 c.268 §9; repealed by 1971 c.727 §203
and by 1971 c.728 §138]
     777.335 [Repealed by 1963 c.268 §21]
     777.337 [1963 c.268 §10; repealed by 1971 c.727 §203]
     777.340 [Repealed by 1963 c.268 §21]
     777.343 [1963 c.268 §11; repealed by 1971 c.727 §203]
     777.345 [Repealed by 1963 c.268 §21]
     777.347
Consent of Department of State Lands for state lands. The Department of State Lands is authorized
to consent to annexation with respect to any land owned by the State of
     777.350 [Repealed by 1963 c.268 §21]
     777.353
Annexation of enclave. 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]
     777.355 [Repealed by 1963 c.268 §21]
     777.357 [1963 c.268 §14; repealed by 1971 c.727 §203]
     777.360 [1963 c.268 §15; repealed by 1971 c.647 §149
and by 1971 c.727 §203 and by 1971 c.728 §138]
     777.365
Name change of port; notice.
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]
     777.370 [1963 c.268 §17; repealed by 1971 c.727 §203]
     777.395 [1967 c.416 §3; 1971 c.728 §18; repealed by
1975 c.771 §33]
(Port Fiscal
Matters)
     777.405
Deposit and disbursement of moneys; financial records. (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]
     777.410
Ports may borrow money and issue bonds. (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 portÂ’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 be issued as prescribed in ORS chapter 287A. [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; 2007 c.783 §223]
     777.415
Resolution and election prerequisite to issuance of bonds. 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]
     777.420 [Repealed by 1957 c.375 §3]
     777.425 [Repealed by 1957 c.375 §3]
     777.430
Taxing powers of ports. (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]
     777.435
Levy, assessment and collection of taxes. (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]
     777.437
Filing boundary change with county assessor and Department of Revenue. 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]
     777.440
Levy of special tax by county court upon default of port officers. 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]
     777.445
Procedure subsequent to levy under ORS 777.440. (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 treasurerÂ’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]
     777.447
Promissory notes authorized for port development purposes; limitations; form;
payment. 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, shall be considered bonds for purposes of ORS
chapter 287A and shall be issued as prescribed in ORS chapter 287A. A port may
not have more than $1 million in promissory notes outstanding at any one time
and may not pledge or use tax-derived revenues 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; 2007 c.783 §224]
     777.450 [Repealed by 1971 c.728 §138]
     777.455
Authority to issue refunding bonds for specified purposes; amounts. 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]
     777.460
Refunding bonds; terms and conditions; bond call. (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
     (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
     777.465
Disposition of refunding bonds.
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.
     777.470
Levy of tax to meet principal and interest; amount required; disposition of
proceeds of tax. 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]
     777.475
Remedies of holders of refunding bonds on default. 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]
     777.480
Construction of ORS 777.455 to 777.505. 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]
     777.485
Compromise and refunding agreements; contents; subsequent procedure; effect. (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]
     777.490 [Repealed by 1971 c.728 §138]
     777.495 [Amended by 1965 c.223 §2; repealed by 1971
c.728 §138]
     777.500
Advertisement of bonds; bids; rejection of bids; readvertisement; time of sale
limited. (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 cashierÂ’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]
     777.505
Delivery of bonds to purchaser; deposit of sale proceeds; redemption and retirement
of refunded bonds. (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
     (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 295.001 to 295.108, 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]
     Note: The addition and repeal of statutes in ORS
chapter 295 by chapter 871, Oregon Laws 2007, become operative July 1, 2008.
Until July 1, 2008, the reference to the series 295.001 to 295.108 should be
considered a reference to the series 295.001 to 295.125. See Preface to Oregon
Revised Statutes for further explanation.
     777.510
Port warrants; execution; contents. 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]
     777.515
Payment of warrants; interest on warrants. (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
treasurerÂ’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 treasurerÂ’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]
     777.520
Special tax levy, rate, use of proceeds; bond sinking fund. (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]
     777.525 [Repealed by 1971 c.728 §138]
     777.530
Special assessments for local improvement; assessment ordinance; assessment
districts. (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.
     777.535
Installment payment of special assessment; limitation. 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.
     777.560
Ports may issue and sell revenue bonds; use of proceeds. (1) 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.
     (2) In addition to the powers granted by
subsection (1) of this section, a port may authorize and issue revenue bonds
under ORS 287A.150. [1955 c.423 §2; 1959 c.337 §1; 1971 c.728 §86; 1993 c.97 §29;
2007 c.783 §225]
     777.565
Resolution or ordinance authorizing revenue bonds and creating special trust
fund. (1) Revenue bonds
issued under ORS 777.560 (1) 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 ORS 777.560 (1), 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 issued and sold pursuant to ORS 777.560 (1) 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
     (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; 2007 c.783 §226]
     777.570
Form of bonds. Revenue bonds
issued under ORS 777.560 (1):
     (1) Shall be negotiable instruments.
     (2) Shall be issued under ORS chapter
287A, but the requirements of ORS 287A.150 do not apply.
     (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 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. [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; 2007 c.783 §227]
     777.575
     (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 cashierÂ’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]
     777.580 [1955 c.423 §6; 1959 c.337 §5; 1965 c.223 §6;
repealed by 1971 c.728 §138]
     777.585
Refunding revenue bonds. (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]
     777.590
Authority to issue and sell revenue bonds; leasing property and pledging revenues. (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)
     777.605
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]
     777.610 [Repealed by 1971 c.647 §149]
     777.615 [Repealed by 1971 c.647 §149]
     777.620 [Repealed by 1971 c.647 §149]
     777.625 [Repealed by 1971 c.647 §149]
     777.630 [1987 c.607 §10; renumbered 285.825 in 1991]
     777.635 [1987 c.607 §11; 1989 c.908 §64; renumbered
285.827 in 1991]
     777.640 [1987 c.607 §12; renumbered 285.830 in 1991]
     777.645 [1987 c.607 §13; renumbered 285.833 in 1991]
     777.650 [1987 c.607 §14; renumbered 285.835 in 1991]
     777.655 [1987 c.607 §15; renumbered 285.837 in 1991]
     777.660 [1987 c.607 §16; renumbered 285.840 in 1991]
     777.665 [1987 c.607 §21; renumbered 285.843 in 1991]
(Establishment
of Water Transportation Lines)
     777.705
Definitions for ORS 777.705 to 777.725. 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, seamenÂ’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]
     777.710
Payment of bonus explained.
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]
     777.715
Ports may pay bonuses in aid of water transportation and may charter vessels. (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
     (2) A port may charter vessels. [Amended
by 1971 c.728 §99]
     777.720
Discretion of board in making payment; contracts. 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]
     777.725
Borrowing money to pay bonus; bond issues, amount, terms, interest, signature,
approval by electors, name of bonds, sale. (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
     (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]
     777.727 [1985 c.775 §1; renumbered 285.850 in 1991]
     777.729 [1985 c.775 §2; renumbered 285.853 in 1991]
     777.732 [1985 c.775 §§3,6; 1987 c.607 §18;
renumbered 285.857 in 1991]
     777.735 [Repealed by 1971 c.647 §149 and by 1971
c.728 §138]
     777.736 [1985 c.775 §5; renumbered 285.860 in 1991]
     777.738 [1985 c.775 §7; renumbered 285.863 in 1991]
     777.740 [Amended by 1971 c.647 §143; repealed by
1971 c.728 §138]
     777.745 [Repealed by 1971 c.728 §138]
     777.750 [Repealed by 1971 c.728 §138]
EXPORT
TRADING CORPORATIONS
     777.755
Legislative findings and policy. 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 stateÂ’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]
     777.760
Definitions for ORS 777.755 to 777.800. 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 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;
2007 c.804 §81]
     777.763
Export trading corporation; formation by port; hearing; dissolution of
corporation. (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]
     777.765
Powers of export trading corporation. 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]
     777.767
Authorized agreements. (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]
     777.770
Additional fiscal powers of export trading corporation. 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]
     777.773
Status of obligations of export trading corporation; prohibited investments. (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]
     777.775
Status of export trading corporation; application of certain laws. (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]
     777.780
Board of directors; election; term; compensation; board officers. (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]
     777.783
Board meetings; rules; quorum.
(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]
     777.785
Meetings of board to be open to public; executive sessions. (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]
     777.787
Chief executive officer of export trading corporation; appointment; removal. (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]
     777.790
Employees of export trading corporation. (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]
     777.793
Disclosure of commercial or financial information prohibited; exception. (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]
     777.795
Right to inspect records of export trading corporation; certain records exempt
from disclosure. (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]
     777.800
Annual report. 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]
     777.805 [1969 c.599 §39; 1973 c.249 §78; 1975 c.371 §1;
1985 c.565 §120; 1989 c.908 §65; renumbered 285.805 in 1991]
     777.810 [1969 c.599 §40; 1973 c.249 §79; 1975 c.371 §3;
1985 c.565 §121; renumbered 285.807 in 1991]
     777.815 [1969 c.599 §42; 1969 c.599 §42a; repealed
by 1973 c.249 §91]
     777.817 [1987 c.607 §17; 1991 c.651 §22; renumbered
285.810 in 1991]
     777.820 [1969 c.599 §43; repealed by 1973 c.249 §91]
     777.825 [1969 c.599 §44; repealed by 1973 c.249 §91]
     777.830 [1969 c.599 §45; 1973 c.249 §80; renumbered
285.813 in 1991]
     777.835 [1969 c.599 §46; 1973 c.249 §81; 1975 c.371 §4;
renumbered 285.815 in 1991]
     777.840 [1969 c.599 §47; renumbered 285.817 in 1991]
     777.845 [1969 c.599 §48; 1973 c.249 §82; renumbered
285.820 in 1991]
     777.850 [1977 c.838 §3; 1985 c.565 §122; 1985 c.773 §3;
1989 c.908 §66; 1991 c.483 §1; renumbered 285.870 in 1991]
     777.852 [1977 c.838 §4; 1989 c.908 §67; renumbered
285.873 in 1991]
     777.854 [1977 c.838 §5; 1989 c.908 §68; renumbered
285.875 in 1991]
     777.856 [1977 c.838 §6; renumbered 285.880 in 1991]
     777.858 [1977 c.838 §7; 1979 c.182 §11; 1979 c.800 §1;
1989 c.645 §1; 1989 c.908 §69; renumbered 285.883 in 1991]
     777.860 [1977 c.838 §8; 1979 c.800 §2; 1985 c.773 §1;
1989 c.645 §2; 1989 c.908 §70; 1991 c.483 §2; renumbered 285.885 in 1991]
     777.862 [1977 c.838 §9; 1989 c.908 §71; renumbered
285.887 in 1991]
     777.864 [1977 c.838 §10; 1989 c.908 §72; renumbered
285.890 in 1991]
     777.866 [1977 c.838 §11; 1989 c.908 §73; renumbered
285.893 in 1991]
     777.868 [1977 c.838 §12; 1989 c.908 §74; renumbered
285.895 in 1991]
     777.870 [1977 c.838 §14; 1989 c.908 §75; renumbered
285.897 in 1991]
     777.872 [1977 c.838 §15; 1989 c.908 §76; renumbered
285.900 in 1991]
     777.874 [1977 c.838 §21; 1989 c.908 §77; renumbered
285.903 in 1991]
     777.876 [1977 c.838 §27; 1989 c.908 §78; renumbered
285.905 in 1991]
     777.878 [1977 c.838 §16; renumbered 285.907 in 1991]
     777.880 [1977 c.838 §17; 1979 c.800 §3; 1989 c.908 §79;
renumbered 285.910 in 1991]
     777.882 [1977 c.838 §18; 1989 c.645 §3; 1989 c.908 §80;
renumbered 285.913 in 1991]
     777.884 [1977 c.838 §§20,24; 1979 c.416 §6; 1985
c.773 §5; 1989 c.908 §81; renumbered 285.915 in 1991]
     777.886 [1977 c.838 §22; 1981 c.653 §6; 1989 c.908 §82;
renumbered 285.917 in 1991]
     777.888 [1977 c.838 §23; renumbered 285.920 in 1991]
     777.890 [1977 c.838 §1; renumbered 777.910]
     777.892 [1981 c.532 §2; 1989 c.908 §83; renumbered
285.923 in 1991]
     777.894 [1981 c.532 §3; 1989 c.908 §84; renumbered
285.925 in 1991]
     777.896 [1981 c.532 §4; renumbered 285.927 in 1991]
     777.898 [1981 c.532 §5; renumbered 285.930 in 1991]
     777.900 [1981 c.532 §6; renumbered 285.933 in 1991]
     777.902 [1981 c.532 §7; renumbered 285.935 in 1991]
     777.904 [1981 c.532 §8; renumbered 285.940 in 1991]
     777.910 [Formerly 777.890; renumbered 285.943 in
1991]
     777.915
Definitions for ORS 777.915 to 777.953. 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]
     777.917
     (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]
     777.920
Board of port commissioners; powers. 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]
     777.923
Qualifications of port commissioners. (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
     777.925
Appointment of port commissioners; term; vacancies. (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]
     777.927
Removal of port commissioner for malfeasance; statement of charges; notice;
court hearing. 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
     777.930
Removal of port commissioner for lack of attendance; authorized leave of
absence. (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]
     777.933
Board meetings; rules; executive committee. (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]
     777.935
Board officers. (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]
     777.937
Board to report to Legislative Assembly. 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]
     777.940
Power to issue general obligation bonds; limitation; dedication of revenues;
use of proceeds. (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 portÂ’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]
     777.943
Issuance of bonds. Bonds
authorized by ORS 777.940 shall be issued as prescribed in ORS chapter 287A. [1987
c.565 §13; 1997 c.171 §25; 2007 c.783 §228]
     777.945
Certain uses of bond proceeds prohibited in absence of elector approval. 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]
     777.947
Limitation on annual issuance and aggregate amount of bonds in absence of
elector approval. (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]
     777.950
Certain uses of proceeds of bonds issued without elector approval prohibited. 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]
     777.953
Annexation; authority; procedure; effect. (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 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
     (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; 2007 c.804 §82]
(Temporary
provisions relating to Coos Bay Channel Project)
     Note: Sections 11 to 15, chapter 746, Oregon Laws
2007, provide:
     Sec.
11. As used in sections 11
to 15 of this 2007 Act:
     (1) “Act of God” means an unanticipated
grave natural disaster or other natural phenomenon of an exceptional,
inevitable and irresistible character, the effects of which could not have been
prevented or avoided by the exercise of due care or foresight.
     (2) “Coos Bay Channel Project” means a
project to deepen and widen the lower Coos Bay deep draft navigation channel,
west of the Coos Bay railroad bridge, to perform ecosystem investigation and
restoration projects and to make additional navigational system improvements
including, but not limited to, structural work at the entrance jetties,
navigation aids and other design or engineering tasks.
     (3) “
     (4) “Primary sponsor” means the Oregon
International Port of Coos Bay as representative of the
     Sec.
12. The Legislative Assembly
finds that:
     (1)(a) The Coos Bay Channel Project will
create jobs and further economic development in Oregon because deepening and
widening the lower Coos Bay deep draft navigation channel, west of the Coos Bay
railroad bridge, will allow the Oregon International Port of Coos Bay to
accommodate new generations of deep draft cargo vessels and to diversify the
types of cargo that can be processed through the port, increasing maritime and
international trade throughout Oregon, improving the attractiveness of Oregon
to new businesses and supporting the operations and prosperity of existing
businesses.
     (b) Authorization for the issuance of
lottery bonds will increase the likelihood of federal funding for the project,
encourage the development of public and private sector partnerships to continue
the modernization and expansion of the Oregon International Port of Coos Bay,
including the development and construction of an intermodal container terminal
for Coos Bay harbor, and add new income that will directly benefit OregonÂ’s
dredging, construction or maritime industries.
     (2) The factors described in subsection
(1) of this section will encourage and promote economic development within the
state, and the issuance of lottery bonds to finance the Coos Bay Channel
Project is therefore an appropriate use of state lottery funds to pay the
amounts specified in section 13 of this 2007 Act, under section 4, Article XV
of the Oregon Constitution, and under ORS 461.510. Neither the faith and credit
nor any of the taxing power of the state is pledged or otherwise committed by
sections 11 to 15 of this 2007 Act, and the commitments of the state under
sections 11 to 15 of this 2007 Act and ORS 777.277 to 777.287 do not constitute
a debt or liability of the state within the meaning of section 7, Article XI of
the Oregon Constitution. [2007 c.746 §12]
     Sec.
13. (1) In addition to
amounts authorized under ORS 286.505 to 286.545 [series repealed], the State
Treasurer, at the request of the Director of the Economic and Community
Development Department, may issue lottery bonds pursuant to ORS 286.560 to
286.580 [renumbered 286A.560 to 286A.585]:
     (a) In an amount of up to $60 million for
payment of the expenses of the Coos Bay Channel Project in increments described
in subsection (2) of this section; and
     (b) In an additional amount to be
estimated by the State Treasurer for payment of bond-related costs of the
     (2) The director shall request the State
Treasurer to issue the amount of bonds described in subsection (1)(a) of this
section in increments that allow the director, at the request of the primary
sponsor, to transfer:
     (a) In the biennium beginning July 1,
2007, up to $5 million in net proceeds of lottery bonds to the Coos Bay Channel
Fund established in section 15 of this 2007 Act for distribution to the primary
sponsor after the director finds that the primary sponsor has taken action
pursuant to the grant agreement required in section 14 of this 2007 Act that
triggers the distribution of bond proceeds described in this paragraph.
     (b) In the biennium beginning July 1,
2009, up to $15 million in net proceeds of lottery bonds to the Coos Bay
Channel Fund established in section 15 of this 2007 Act for distribution to the
primary sponsor after the director finds that the primary sponsor has taken
action pursuant to the grant agreement required in section 14 of this 2007 Act
that triggers the distribution of bond proceeds described in this paragraph.
     (c) In the biennium beginning July 1,
2011, up to $40 million in net proceeds of lottery bonds to the Coos Bay
Channel Fund established in section 15 of this 2007 Act for distribution to the
primary sponsor after the director finds that the primary sponsor has taken
action pursuant to the grant agreement required in section 14 of this 2007 Act
that triggers the distribution of bond proceeds described in this paragraph.
     (3) Lottery bonds authorized under this
section may not be issued after June 30, 2013. [2007 c.746 §13]
     Sec.
14. (1) The Director of the
Economic and Community Development Department shall enter into one or more
grant agreements with the primary sponsor that require the Economic and
Community Development Department to disburse, over the course of the project,
an aggregate principal amount of $60 million for payment of the expenses of the
Coos Bay Channel Project, in the increments described in section 13 (2) of this
2007 Act, from the Coos Bay Channel Fund established pursuant to section 15 of
this 2007 Act, to the primary sponsor. The department shall make disbursements
from the fund as soon as bond proceeds are deposited in the fund.
     (2) The one or more grant agreements must:
     (a) Subject to subsection (4) of this
section, establish appropriate triggers for the incremental biennial
distribution of bond proceeds described in section 13 (2) of this 2007 Act
based on appropriate measures of progress in completion of the project that are
satisfactory to the director and consistent with prudent financial practices
that reflect sound stewardship of public resources.
     (b) Require the primary sponsor to:
     (A) Return bond proceeds distributed and
reimburse the State of
     (i) Due to an act of God; or
     (ii) Because the State of Oregon fails to
distribute one or more of the increments of bond proceeds described in section
13 (2) of this 2007 Act and required to substantially complete the project, for
a reason other than a failure of the primary sponsor to take action to trigger
the distribution or a failure of the project to meet federal or state
environmental permitting standards necessary to complete the project.
     (B) Provide evidence satisfactory to the
director that the primary sponsor has obtained a letter of credit, entered into
a surety bond agreement or provided other similar financial assurance to
guarantee the return of bond proceeds and reimbursement for expenditures
required by this paragraph.
     (3) Notwithstanding subsection (2)(b)(B)
of this section, the primary sponsor may choose to guarantee the bond proceeds
distributed and the state expenditures made in the biennium beginning July 1,
2007, by converting the amount into a loan subject to an agreement that allows
the primary sponsor to repay the amount over time at terms provided for in the
grant agreement.
     (4)(a) Prior to the distribution of bond
proceeds described in section 13 (2)(a) of this 2007 Act, the primary sponsor
shall provide to the director a budget document outlining expenditures for the
Coos Bay Channel Project and verify and certify to the director that:
     (A) The primary sponsor has entered into a
commercially reasonable agreement with a cargo terminal developer to construct
and operate cargo terminal facilities on the
     (B) The Secretary of the Army has
authorized the performance of environmental studies on the channel pursuant to
section 203 of the Water Resources Development Act of 1986 (P.L. 99-662); and
     (C) The cargo terminal developer has
entered into, or made appropriate progress in negotiations toward, a contract
with rail service providers to ensure adequate rail infrastructure and service
capacity to serve the cargo terminal facilities to be developed as part of the
Coos Bay Channel Project.
     (b) Prior to the distribution of bond
proceeds described in section 13 (2)(b) of this 2007 Act, the primary sponsor
shall provide an updated budget document outlining expenditures for the Coos
Bay Channel Project and verify and certify to the director that:
     (A) The Secretary of the Army has provided
a favorable recommendation to Congress to proceed with the Coos Bay Channel
Project; and
     (B) The primary sponsor has obtained, or
has reasonable assurance of obtaining, adequate funding to complete permitting
and engineering work on the Coos Bay Channel Project.
     (c) Prior to the distribution of bond
proceeds described in section 13 (2)(c) of this 2007 Act, the primary sponsor
shall provide an updated budget outlining expenditures for the completion of
the Coos Bay Channel Project and verify and certify to the director that:
     (A) The sponsor has received the necessary
approvals and permits under ORS 196.600 to 196.905 and section 404 of the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) to allow the Coos
Bay Channel Project to be completed; and
     (B) The primary sponsor has obtained, or
has reasonable assurance of obtaining, adequate funding to complete the Coos
Bay Channel Project.
     (5) The State of
     (6) By receipt of any part of net proceeds
of lottery bonds described in section 13 of this 2007 Act, the primary sponsor
agrees to indemnify the state and its agencies and departments to the fullest
extent permitted by law for liability the state or its agencies and departments
might incur in connection with any borrowing by the primary sponsor for the
project. [2007 c.746 §14]
     Sec.
15. (1) The
     (2) Moneys in the fund are available to
the department for distribution to the primary sponsor to pay the nonfederal
cost share, or the nonprivate cost share, of expenses of the project up to the
amount specified in section 13 of this 2007 Act and to pay bond-related costs.
[2007 c.746 §15]
PENALTIES
     777.990
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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