2007 Oregon Code - Chapter 778 :: Chapter 778 - Port of Portland
Chapter 778 —
Port of
2007 EDITION
SHIPPING AND NAVIGATION
FUNCTIONS AND POWERS
778.005Â Â Â Â Definitions
778.008Â Â Â Â
778.010Â Â Â Â District
known as
778.015Â Â Â Â Purposes
and general powers of port
778.020Â Â Â Â Acquisition
of City of
778.025Â Â Â Â Power
to engage in certain commercial activities
778.030Â Â Â Â Power
to issue general obligation bonds; limitation; dedication of revenues; use of
proceeds
778.036Â Â Â Â Issuance
of bonds
778.040Â Â Â Â General
obligation bond issues to be approved by electors
778.045Â Â Â Â Amount
of general obligation bonds issued in one year limited
778.060Â Â Â Â Expenditure
of bond sale funds for operating expenses limited
778.065Â Â Â Â Port
taxing power; annual limitation
778.068Â Â Â Â Filing
boundary change with county assessor and Department of Revenue
778.070Â Â Â Â Tax
levy
778.073Â Â Â Â Recreational
facilities; development; operation; maintenance
778.085Â Â Â Â Control
over port waters and wharf lines; adoption and enforcement of navigational
rules; authority to establish penalties; limitation
778.090Â Â Â Â Rights
of riparian owners and owners of moorage facilities
778.095Â Â Â Â Eminent
domain power
778.100Â Â Â Â Reclamation
of lands within port limits; assessments; lien; hearing; appeal
778.105Â Â Â Â Port
required to contract for work and materials; dry docks; bids
778.110Â Â Â Â Personnel;
membership in retirement systems
778.115Â Â Â Â Improvement
contracts with federal government
778.120Â Â Â Â Operation
of chapter upon rights of other entities within port limits
778.125Â Â Â Â Port
assistance to other governmental units within port boundaries
REVENUE BONDS
778.145Â Â Â Â Issuance
of revenue bonds; election; use of proceeds; status of bonds
778.150Â Â Â Â Ordinance
authorizing revenue bonds; content; special trust funds; trustees; enforcement
778.155Â Â Â Â Form
and content of bonds
778.160Â Â Â Â Borrowing
in anticipation of bond sale; bond anticipation notes; content; sale
778.165Â Â Â Â
778.170Â Â Â Â Bonds
as obligations of political subdivision
778.175Â Â Â Â Effect
of ORS 778.145 to 778.175
BOARD OF COMMISSIONERS OF THE
778.205Â Â Â Â Board
of commissioners; general powers
778.210Â Â Â Â Qualifications
of members
778.215Â Â Â Â Appointment;
confirmation; vacancies
778.220Â Â Â Â Removal
778.225Â Â Â Â Meetings;
rules; quorum; executive committee
778.230Â Â Â Â Board
officers
778.235Â Â Â Â Causes
of vacancies; leaves of absence
778.255Â Â Â Â Enactment
of port ordinances; effective date; passage; effect of referendum
778.260Â Â Â Â Ordinances
for regulating use of port airports; port peace officers; jurisdiction
778.270Â Â Â Â Initiative
and referendum procedures
PENALTIES
778.990Â Â Â Â Penalties
FUNCTIONS AND POWERS
     778.005
Definitions. As used in this
chapter, unless the context requires otherwise:
     (1) “Board” means the board of
commissioners of the
     (2) “Port” means The Port of Portland.
     (3) “Elector” means an elector residing in
the port.
     (4) “
     778.008
     (2) Subject to subsection (1) of this
section, the
     (3) ORS 777.530 and 777.535 apply to the
     (4) The
     (5) In addition to such other duties,
functions and powers as may be imposed upon the
     778.010
District known as
     (1) Prior to June 30, 1963, shall not be
chargeable to or a lien upon all of that property which lies east of the east
boundary line of range two east of the Willamette Meridian in Multnomah County;
or
     (2) Prior to June 30, 1973, shall not be
chargeable to or a lien upon all that property lying within the boundaries of
Clackamas and
     778.015
Purposes and general powers of port. The object, purpose and occupation of the
     778.020
Acquisition of City of
     (2) If the port purchases or otherwise
acquires property as provided by subsection (1) of this section, the port may
in payment therefor assume the payment of all or any part of the bonds,
debentures and other obligations of the City of Portland issued, sold or
incurred for the purpose of acquiring funds to construct, purchase or otherwise
acquire the docks, wharves, elevators, terminals, dry docks or other
properties. The aggregate amount of bonds, debentures and obligations so
assumed shall not exceed a sum determined by the board to be the fair value of
the property so acquired by the port. The limitation provided by ORS 778.030
shall not apply to bonds, debentures or other obligations assumed under this
section.
     (3) The authority granted by this section
shall not be exercised without the prior approval of the electors residing
within the port expressed at an election called and held within the port at
which such question is submitted. [Amended by 1971 c.728 §105]
     778.025
Power to engage in certain commercial activities. For the use of the
     (1) Acquire by purchase, condemnation or
other lawful method lands necessary for its use or to be improved for public
convenience and the convenience of the air transport, shipping, commercial and
industrial development of the port as well as all or any part of the waterfront
of its harbors, rivers and waterways.
     (2) Acquire by purchase, condemnation or
other lawful method lands necessary or convenient for the purpose of depositing
or dumping thereon earth, sand, gravel, rock or other material dredged or
excavated, in the exercise of any of its powers, from any of the rivers or
other waterways or lands within the boundaries or under the control of the
port.
     (3) Enlarge its tidal area, fill and
reclaim lands, and make such disposition by use, conveyance, development or
lease of lands so filled or reclaimed as it considers advisable.
     (4) Construct, excavate and dredge canals
and channels connecting its waterways with one another, with other waterways
and with the sea.
     (5) Purchase or otherwise acquire,
construct, operate, maintain, lease, rent and dispose of airports, and their approaches,
wharves, piers, docks, slips, warehouses, elevators, dry docks, terminals,
buildings, and all other facilities and aids incident to the development,
protection and operation of the port and of the air transport, shipping,
commercial and industrial interests of the port, within the port, and collect
wharfage, storage and other charges for the use of such facilities.
     (6) Own, acquire, construct, purchase,
lease, operate and maintain within the port lines of railroad, with sidetracks,
turnouts, switches and connections with other lines of railroad, and streets,
roads, water mains, sewers, pipelines, and also gas and electric conduits and
lines which a utility is unwilling or unable to furnish, within or to or from
the boundaries of the port; and carry and transport freight and passengers
thereon and thereover for hire, and perform lighterage for hire.
     (7) Acquire, own, lease, rent, operate,
maintain and dispose of towboats, barges and other vessels for the
transportation of cargo or passengers in maritime commerce on the
     (8) Acquire, own, lease, rent, operate,
maintain and dispose of unit trains and related facilities for the
transportation of bulk commodities to facilities within the port from locations
within or without the port. [Amended by 1959 c.362 §2; 1967 c.548 §1; 1971
c.728 §106; 1973 c.178 §6; 1981 c.879 §4]
     778.030
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
     (2) The port may provide for the creation
of special trust funds and may authorize the appointment of a trustee to
administer the same and may obligate itself to set aside and pay into a special
trust fund any revenues pledged to the payment of the bonds. The port may establish
and provide from available funds for the funding of debt service, operation and
maintenance reserves.
     (3) Proceeds from the sale of the bonds
may also be used to pay the costs incurred in issuing the bonds, preliminary
work incident to carrying out such powers, including but not limited to
planning, engineering, inspection, accounting, fiscal, legal and trustee
expenses and other similar expenses, and to pay interest on the bonds for such
period as the port may determine, but not to exceed six months beyond
completion of the facilities financed with the bonds, and to establish reserves
for debt service on the bonds. [Amended by 1963 c.9 §39; 1971 c.702 §1; 1971
c.728 §107a; 1977 c.33 §1; 1991 c.459 §443]
     778.035 [Amended by 1971 c.728 §108; repealed by
1977 c.33 §2 (778.036 enacted in lieu of 778.035)]
     778.036
Issuance of bonds. Bonds
authorized by ORS 778.030 shall be issued as prescribed in ORS chapter 287A. [1977
c.33 §3 (enacted in lieu of 778.035); 1981 c.94 §57; 1997 c.171 §26; 2007 c.783
§229]
     778.040
General obligation bond issues to be approved by electors. (1) General obligation bonds shall not be
issued by the Port of Portland to provide funds for the establishment or
operation of surface ship and air lines or for the payment of bonuses to either
such line or lines without the approval of the electors of the port expressed
at an election called and held within the port at which such question is
submitted.
     (2) Whenever the port issues general
obligation bonds for purposes other than refunding general obligation bonds
previously issued and for purposes other than providing funds to meet the
obligations of the City of Portland assumed pursuant to ORS 778.020 in an
aggregate amount equal to five percent of the present real market value of all
the taxable property within the territorial limits of the port, no additional
general obligation bonds shall be issued for purposes other than refunding
general obligation bonds theretofore issued without the approval of the
electors of the port expressed at an election within the port at which such
question is submitted. [Amended by 1971 c.399 §1; 1997 c.461 §2]
     778.045
Amount of general obligation bonds issued in one year limited. The total amount of general obligation bonds
issued by the Port of Portland in any calendar year, except for refunding bonds
or bonds issued to provide funds to meet obligations assumed pursuant to ORS
778.020, shall not exceed $3 million unless a greater amount is approved by the
electors of the port at an election at which such question is submitted. [Amended
by 1971 c.728 §110; 1973 c.178 §7; 1997 c.461 §3]
     778.050 [Amended by 1971 c.728 §111; repealed by
1977 c.33 §4]
     778.055 [Amended by 1971 c.728 §112; repealed by
1977 c.33 §4]
     778.060
Expenditure of bond sale funds for operating expenses limited. The board shall not expend, within any one
calendar year, from the funds derived from the sale of bonds, in excess of
$500,000 to meet the operating expenses of the
     778.065
Port taxing power; annual limitation. The
     (1) To pay principal and interest on bonds
issued under ORS 778.030;
     (2) To pay bonds, debentures and other
obligations of the City of
     (3) To pay all other expenses that may be
incurred in the exercise of the powers granted to the port. [Amended by 1963
c.9 §40; 1971 c.701 §1; 1971 c.728 §143]
     778.068
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 §54]
     778.070
Tax levy. (1) Taxes
authorized by ORS 778.065 shall be levied in each year and returned to the
county officers whose duty it is to extend the tax roll by the time required by
law for city taxes to be levied and extended. The county officer whose duty it
is to extend the county levy shall extend the levy of the
     (2) All taxes levied by the port are
payable at the same time and shall be collected by the same officers as regular
county taxes. The county officers collecting the taxes shall pay them to the
treasurer of the port as provided by law. [Amended by 1971 c.728 §115]
     778.073
Recreational facilities; development; operation; maintenance. (1) The
     (2) The port may convey the land and
recreational facilities developed under this section to a political subdivision
or municipal corporation of this state in exchange for an agreement to operate
and maintain the facilities solely for public recreational use.
     (3) The port may enter into an agreement
with a political subdivision or municipal corporation of this state for the
operation and maintenance of recreational facilities. [1971 c.400 §2]
     778.075 [Repealed by 1971 c.728 §138]
     778.080 [Amended by 1963 c.145 §1; repealed by 1971
c.728 §138]
     778.085
Control over port waters and wharf lines; adoption and enforcement of
navigational rules; authority to establish penalties; limitation. (1) To the full extent the State of
     (2) The port may make, change or abolish
wharf lines of, in and for the rivers, harbors and waterways within its
boundaries.
     (3) As it considers convenient, requisite
or necessary, or in the best interests of the maritime shipping or commercial
interests of the port, the board may by ordinance make, modify or abolish
regulations:
     (a) For the use or navigation of the
rivers, harbors and waterways mentioned in subsection (1) of this section; or
     (b) For the placing of obstructions
therein, or the removal of obstructions therefrom.
     (4) The port may enforce the regulations
by fines and penalties or seek other appropriate remedies as the port considers
necessary. Fines and penalties are recoverable in the name of the port in any
court of this state having jurisdiction of actions for the recovery of fines or
penalties imposed by state laws. Fines recovered shall be paid to the clerk of
the court who, after deducting court costs in the proceedings, shall pay the
remainder thereof to the treasurer of the port, to go to its general fund.
     (5) This section does not authorize the
port to cause the removal of bridges or other obstructions existing under a
grant by this state. This section does not authorize the port to exclude cities
other than the City of
     778.090
Rights of riparian owners and owners of moorage facilities. Where it is necessary to widen the general
channel or improve the navigation of the rivers or sloughs by requiring the
removal or destruction of moorage facilities for houseboats, boathouses or
pleasure craft in the rivers or sloughs, or by establishing or reestablishing
wharf lines that have the effect of destroying or impairing the riparian rights
of the adjoining owners, the adjoining owners or others owning the moorage
facilities shall be reasonably compensated for the removal or destruction of
the moorage facilities and for the destruction or impairment of the riparian
rights; and shall not be required to remove or destroy the moorage facilities
in absence of reasonable compensation therefor. The
     778.095
Eminent domain power. The
     778.100
Reclamation of lands within port limits; assessments; lien; hearing; appeal. (1) When the
     (2) The ordinance shall provide for a
hearing before the board to be held, upon due notice to all owners of and
persons interested in the lands to be affected by the assessment, before the
assessment is made.
     (3) Any owner or person interested in any
land affected, who is aggrieved by an assessment made under this section may
appeal to the
     778.105
Port required to contract for work and materials; dry docks; bids. (1) Except in cases of emergency and except
for ordinary current repair work necessary from day to day, all material
purchased for and all work done in, on or for any dry dock, dredge, boat, scow
or other appliance to be built, owned or operated by the Port of Portland, when
the purchase is made or the work is done by construction, alteration or general
overhauling, shall be purchased or done by or under contract. Such contracts
shall be let to the lowest competent and responsible bidder, after due advertisement
for bids, in the manner usual and customary in the letting of contracts by
public bidding, and under regulations prescribed by the port.
     (2) Notwithstanding subsection (1) of this
section or any other provision of law, the port may let a contract for the
construction of a dry dock to the lowest competent and responsible bidder who
submits a bid to construct the dry dock within the port, if:
     (a) The bid of such bidder does not exceed
by more than 10 percent the lowest bid for construction of the dry dock
elsewhere; and
     (b) In the opinion of the board, the
public good will in any way be served thereby. [Amended by 1961 c.11 §1; 1971
c.728 §121; 1977 c.361 §1]
     778.110
Personnel; membership in retirement systems. (1) The
     (2) No employee of the port shall become a
member of the Public Employees Retirement System if membership of the employee
in the system would result in coverage of the employee by, and contributions on
the employeeÂ’s behalf by the port to, both a private pension system and the
Public Employees Retirement System. [Amended by 1971 c.495 §1; 1971 c.728 §144]
     778.115
Improvement contracts with federal government. The
     778.120
Operation of chapter upon rights of other entities within port limits. Nothing in this chapter is intended to grant
the
     778.125
Port assistance to other governmental units within port boundaries. Consistent with the purposes, functions and
powers granted to it by law, the
REVENUE BONDS
     778.145
Issuance of revenue bonds; election; use of proceeds; status of bonds. (1) For the purpose of carrying into effect
all or any of the powers granted to ports, the
     (2) In addition to the power granted by
subsection (1) of this section, a port may authorize and issue revenue bonds
under ORS 287A.150. [1971 c.546 §2; 2007 c.783 §230]
     778.150
Ordinance authorizing revenue bonds; content; special trust funds; trustees;
enforcement. (1) Revenue
bonds issued under ORS 778.145 (1) shall be authorized at a meeting by
ordinance of the board. The ordinance may provide for the creation of special
trust funds and may authorize the appointment of a trustee to administer the
same, and may obligate the Port of Portland to set aside and pay into a special
trust fund for the purpose of securing revenue bonds, all or any portion of its
revenues, regardless of the source from which derived, then existing or which
thereafter come into existence, not otherwise pledged or committed for other
purposes. The board may, in addition thereto, pledge or mortgage for the
payment of the principal of and interest on and premium, if any, of any issue
of such bonds any property of the port not pledged for other purposes. Notice
that action upon the bond ordinance will be taken at the designated meeting of
the board, shall be given for a period of not less than two consecutive weeks,
prior to such meeting, by publication thereof once each week in a newspaper of
general circulation, published within the corporate boundaries of the port or,
if there be no such newspaper, by posting such notice for a period of not less
than two weeks in three public places in the port.
     (2) The money in any special trust fund
created by an ordinance authorizing an issue of revenue bonds shall be used
solely for the purposes provided therefor by the ordinance.
     (3) The ordinance may obligate the port,
and the port shall have power to fix, levy and collect such rates, rentals,
fees and other charges for the use and services of all or any of its
facilities, which revenues may be pledged to the payment of the principal of
and interest on and premium, if any, of the revenue bonds or any of them and if
so pledged shall be sufficient to produce revenues, along with other lawfully
available funds, adequate to pay the costs of the operation, maintenance and
repair of any or all port properties; to pay or provide for the payment of the
principal of and interest on, and premium, if any, of such revenue bonds or any
of them, including any reserves for such payment; and to produce such
additional amount of revenues therefrom as the port may covenant with the
holders of such revenue bonds.
     (4) The ordinance may provide that in the
event the money in a special trust fund is insufficient to pay the revenue
bonds to be paid out of the fund, such revenue bonds shall be payable out of
any part or all of other nonpledged revenues of the port. Whenever all bonds
and expenses thereof have been paid so that no charge remains upon such special
fund, the board may, by ordinance, transfer any balance remaining in such fund
to its general fund, discharge the trustee, if any, and dissolve the special
fund. Any trustee authorized to administer the fund, may, subject to approval
of the board, invest and reinvest moneys in the special fund in any security or
securities in which the State of
     (5) If the board fails to set aside and
pay revenues into a special trust fund as required by the ordinance authorizing
the issuance and sale of the bonds secured by the fund, a holder of any of such
bonds may bring suit against the port to compel compliance with the provisions
of the ordinance in the circuit court of the county in which the port has its
principal office. [1971 c.546 §3; 2007 c.783 §230a]
     778.155
Form and content of bonds.
The revenue bonds issued and sold under ORS 778.145 (1):
     (1) Shall be deemed to be for all purposes
negotiable instruments, subject only to the provisions of the bonds for
registration, and need not comply with requirements of the Uniform Commercial
Code.
     (2) May be issued in one or more series,
bear such date or dates, mature at such times and in such amounts, be in such
denomination or denominations, be payable at a designated place or places
within or without the State of Oregon or at the fiscal agency of the State of
Oregon, be equally and ratably secured without priority or be entitled or
subject to such priorities on all or any portion of the revenues of the Port of
Portland, and, notwithstanding any other provision of law to the contrary, bear
such rate or rates of interest either fixed or variable under a formula fixed
at the time of issuance, and contain such other terms, conditions and covenants
as the board may authorize.
     (3) Shall contain a recital that principal
of and interest on and premium, if any, on the revenue bonds are payable solely
out of revenues and property of the port pledged to the payment thereof by the
ordinance of the board authorizing the issue of which the bonds are a part.
     (4) May contain covenants of the port to
protect and safeguard the security and rights of holders of any such bonds and
such other terms and conditions, in conformity with ORS 778.145 to 778.175,
which the board in its discretion determines are necessary or desirable to
protect the port or increase the marketability of the bonds. ORS 778.145 to
778.175 and any such ordinance which constitutes a contract with the holders of
the bonds, and the provisions thereof shall be enforceable by any holder or any
number of holders of the bonds, as the board may determine.
     (5) Shall be issued under ORS chapter
287A. However, the requirements of ORS 287A.150 do not apply to revenue bonds
issued under this section. [1971 c.546 §4; 1981 c.879 §5; 1997 c.171 §27; 2007
c.783 §231]
     778.160
Borrowing in anticipation of bond sale; bond anticipation notes; content; sale. (1) The Port of Portland shall have the
power, at any time and from time to time after the issuance of bonds under ORS
778.145 to 778.175 have been authorized, to borrow money for the purposes for
which such bonds are to be issued in anticipation of the receipt of the
proceeds of the sale of such bonds and within the authorized maximum amount of
such bond issue.
     (2) Bond anticipation notes shall be
issued for all moneys so borrowed under the provisions of this section. Such
notes may be issued for a period not exceeding one year and may be renewed from
time to time for periods of not exceeding one year, but each such note,
including renewals, shall mature and be paid not later than the fifth
anniversary of the date the original note was issued. Such notes shall be
authorized by ordinance of the board and shall be in such denomination or denominations,
shall bear interest at such rate or rates approved by the board, shall be in
such form and shall be executed in such manner, all as the board shall
prescribe. Such notes may be sold at public or private sale in the manner and
at such price or prices as the board shall determine, provided that if such
notes be renewal notes, they may be exchanged for notes then outstanding on
such terms as the board shall determine. [1971 c.546 §5]
     778.165
     778.170
Bonds as obligations of political subdivision. Revenue bonds including refunding revenue
bonds issued under ORS 778.145 to 778.175 shall be considered to be bonds or
obligations of a political subdivision of the State of
     778.175
Effect of ORS 778.145 to 778.175. ORS 778.145 to 778.175 is additional, alternative and supplemental
authority for the
BOARD OF
COMMISSIONERS OF THE
     778.205
Board of commissioners; general powers. The power and authority given to the
     778.210
Qualifications of members.
(1) The board shall be composed of residents of the State of
     (2) A person is eligible for appointment
as a commissioner of the
     778.215
Appointment; confirmation; 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 778.220 and 778.235, appointees,
when confirmed, shall hold office for a term of four years and until their
respective successors have been appointed, confirmed and qualified.
     (2) If a vacancy occurs by death,
resignation or disqualification of a commissioner, the vacancy shall be filled
by appointment by the Governor for the unexpired term subject to confirmation
as provided by subsection (1) of this section. [Amended by 1969 c.695 §15; 1971
c.728 §127]
     778.220
Removal. 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
     778.225
Meetings; rules; quorum; 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. [Amended by 1971
c.728 §129]
     778.230
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. [Amended by 1969 c.345 §19; 1971 c.728 §130; 1987
c.51 §1]
     778.235
Causes of vacancies; leaves of absence. (1) If a commissioner appointed pursuant to ORS 778.215 refuses to
serve, ceases to have the qualifications required by ORS 778.210 (1) or fails
to attend for the period of 60 successive days any of the regular or special
meetings of the board regularly and duly called and held, the commissionerÂ’s
place on the board is vacant.
     (2) The board may grant a leave of absence
not exceeding three months to a commissioner unable to attend meetings of the
board by reason of illness or continued absence from the City of
     778.240 [Amended by 1971 c.728 §132; repealed by
2001 c.883 §1]
     778.245 [Amended by 1961 c.673 §1; 1971 c.728 §133;
repealed by 1975 c.771 §33]
     778.250 [Repealed by 1971 c.728 §138]
     778.255
Enactment of port ordinances; effective date; passage; effect of referendum. (1) The board may legislate with respect to
the internal affairs of the
     (2) Except as otherwise provided by this
section, in order to be effective, all ordinances require the affirmative vote
of a majority of the commissioners of the port at a meeting of the board duly
and regularly held.
     (3) Ordinances making appropriations, the
annual tax levy and emergency ordinances take effect immediately upon passage.
All other ordinances are subject to the referendum and shall become effective
30 days after enacted, unless a later date is fixed therein, in which event
they shall take effect at a later date, subject to the referendum. Except for
ordinances making appropriations and the annual tax levy, when an ordinance is
enacted, a notice containing a concise summary of the ordinance and the
location within the port where a copy of the complete ordinance may be obtained
without charge shall, within five days after passage of the ordinance, be
published at least once in a newspaper of general circulation within the port.
     (4) Ordinances making appropriations and
the annual tax levy and emergency ordinances shall be passed by an aye and nay
vote. Emergency ordinances shall contain the statement that an emergency exists
and specify with distinctness the facts and reasons constituting the emergency.
The unanimous vote of all the commissioners present, and of not less than seven
commissioners, is required to pass an emergency ordinance.
     (5) In case a referendum petition is filed
against an ordinance or part thereof, the operation of the ordinance or part
thereof shall be suspended pending the outcome of the referendum election. [Amended
by 1971 c.170 §1; 1971 c.728 §134]
     778.260
Ordinances for regulating use of port airports; port peace officers;
jurisdiction. (1) The board
of the Port of Portland in accordance with ORS 198.510 to 198.600 may by
ordinance make, modify or abolish regulations as convenient or necessary to
provide for policing or regulating the use of airports, and any facilities
located at or in conjunction with airports, owned, operated, maintained or
controlled by the port.
     (2) The port may appoint peace officers
who shall have the same authority as other peace officers, for the enforcement
of port, city and county ordinances and state laws at airports owned, operated,
maintained or controlled by the port.
     (3) This section does not limit the
authority of a state, county or municipal peace officer to enforce state laws
and city and county ordinances at airports owned, operated, maintained or
controlled by the port. [1955 c.425 §§1,2,3; 1971 c.268 §22; 1971 c.728 §135;
1979 c.102 §1]
     778.270
Initiative and referendum procedures. (1) Except as provided in this section, the electors of the
     (2) A referendum petition shall be filed
not more than 30 days after the date the ordinance is adopted. [1973 c.178 §5;
1983 c.350 §327]
     778.405 [Repealed by 1971 c.728 §138]
     778.410 [Repealed by 1971 c.728 §138]
     778.415 [Repealed by 1971 c.728 §138]
     778.420 [Repealed by 1971 c.728 §138]
     778.425 [Repealed by 1971 c.728 §138]
     778.430 [Repealed by 1971 c.728 §138]
     778.435 [Repealed by 1971 c.728 §138]
     778.440 [Amended by 1963 c.9 §41; repealed by 1971
c.728 §138]
     778.445 [Amended by 1971 c.647 §144; repealed by
1971 c.728 §138]
     778.450 [Amended by 1971 c.647 §145; repealed by
1971 c.728 §138]
     778.455 [Repealed by 1971 c.728 §138]
     778.460 [Repealed by 1971 c.728 §138]
     778.465 [Amended by 1963 c.9 §42; repealed by 1971
c.728 §138]
     778.470 [Repealed by 1971 c.728 §138]
     778.475 [Repealed by 1971 c.728 §138]
     778.480 [Repealed by 1971 c.728 §138]
PENALTIES
     778.990
Penalties. Any person who
violates an ordinance adopted by the board of the
_______________
CHAPTER 779
[Reserved for expansion]
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