US Laws, Codes, Statutes & Cases

Chapter 777 — Ports Generally

 

2007 EDITION

 

PORTS GENERALLY

 

SHIPPING AND NAVIGATION

 

PORTS

 

(Definitions)

 

777.005     Definitions for ORS 777.005 to 777.725 and 777.915 to 777.953

 

(Organization of Ports)

 

777.010     Areas that may be included in port

 

777.050     Operation and effect of proclamation; general corporate powers and capacity

 

(Facilities for World Maritime Trade)

 

777.065     Development of port facilities at certain ports as state economic goal; state agencies to assist ports

 

(Port Powers and Functions; Port Commissioners)

 

777.080     Application of special district election laws to ports

 

777.090     Agreements between ports; allocation of expenses and revenues

 

777.095     Agreement between Port of Astoria and State Land Board concerning deepwater port facility at Tongue Point; division of revenue; board’s share credited to Common School Fund

 

777.100     Annual report to legislative committees concerning agreements made under ORS 777.090

 

777.105     Bay, river and harbor improvement

 

777.108     Agreements between two or more ports

 

777.110     Contracts with federal government

 

777.112     Contracts or intergovernmental agreements between ports and others

 

777.113     Port assistance to public bodies within port boundaries

 

777.116     Port may acquire real and personal property; appraisal by state certified appraiser required; purchase contract limited

 

777.120     Port’s authority over harbors, wharf lines and navigation

 

777.125     Ports may maintain tug and pilotage service; charges; port’s liability limited; salvage claims

 

777.132     Authority of ports to distribute water; construct and maintain marina and recreation facilities

 

777.135     Board of port commissioners; qualifications; appointment; term; first meeting; election; vacancies

 

777.137     Designation of position numbers for commissioners

 

777.140     Board meetings; board officers; rules; public records

 

777.150     Port employees; compensation

 

777.155     Division of ports into subdistricts

 

777.160     Representation by subdistricts; terms of commissioners after subdistricting

 

777.165     Vacancies

 

777.180     Powers of ports created by special laws

 

777.190     Ordinances for policing or regulating of port property

 

777.195     Port may engage in certain water commerce-related activities

 

777.210     Port may engage in certain port management activities

 

777.220     Port may collect certain fees from port users

 

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

 

777.240     Port may advertise and promote facilities and commerce

 

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

 

777.258     General powers of port in promotion of certain interests

 

777.262     Port dredging activities; legislative findings and purpose

 

777.267     Marine Navigation Improvement Fund

 

777.273     Authority of ports to operate pipelines; exceptions

 

(Columbia River Channel Deepening Project)

 

777.277     Definitions for ORS 777.277 to 777.287

 

777.282     Channel Deepening Account; Channel Deepening Debt Service Account; payments to primary sponsor

 

777.284     Grant agreement with primary sponsor; request for issuance of lottery bonds

 

777.287     Agreements with federal agencies

 

(Annexation)

 

777.326     Special procedure for annexations increasing by one-half or more the area or assessed value of taxable property within the port

 

777.347     Consent of Department of State Lands for state lands

 

777.353     Annexation of enclave

 

777.365     Name change of port; notice

 

(Port Fiscal Matters)

 

777.405     Deposit and disbursement of moneys; financial records

 

777.410     Ports may borrow money and issue bonds

 

777.415     Resolution and election prerequisite to issuance of bonds

 

777.430     Taxing powers of ports

 

777.435     Levy, assessment and collection of taxes

 

777.437     Filing boundary change with county assessor and Department of Revenue

 

777.440     Levy of special tax by county court upon default of port officers

 

777.445     Procedure subsequent to levy under ORS 777.440

 

777.447     Promissory notes authorized for port development purposes; limitations; form; payment

 

777.455     Authority to issue refunding bonds for specified purposes; amounts

 

777.460     Refunding bonds; terms and conditions; bond call

 

777.465     Disposition of refunding bonds

 

777.470     Levy of tax to meet principal and interest; amount required; disposition of proceeds of tax

 

777.475     Remedies of holders of refunding bonds on default

 

777.480     Construction of ORS 777.455 to 777.505

 

777.485     Compromise and refunding agreements; contents; subsequent procedure; effect

 

777.500     Advertisement of bonds; bids; rejection of bids; readvertisement; time of sale limited

 

777.505     Delivery of bonds to purchaser; deposit of sale proceeds; redemption and retirement of refunded bonds

 

777.510     Port warrants; execution; contents

 

777.515     Payment of warrants; interest on warrants

 

777.520     Special tax levy, rate, use of proceeds; bond sinking fund

 

777.530     Special assessments for local improvement; assessment ordinance; assessment districts

 

777.535     Installment payment of special assessment; limitation

 

777.560     Ports may issue and sell revenue bonds; use of proceeds

 

777.565     Resolution or ordinance authorizing revenue bonds and creating special trust fund

 

777.570     Form of bonds

 

777.575     Sale of bonds

 

777.585     Refunding revenue bonds

 

777.590     Authority to issue and sell revenue bonds; leasing property and pledging revenues

 

(Special Elections)

 

777.605     Special elections

 

(Establishment of Water Transportation Lines)

 

777.705     Definitions for ORS 777.705 to 777.725

 

777.710     Payment of bonus explained

 

777.715     Ports may pay bonuses in aid of water transportation and may charter vessels

 

777.720     Discretion of board in making payment; contracts

 

777.725     Borrowing money to pay bonus; bond issues, amount, terms, interest, signature, approval by electors, name of bonds, sale

 

EXPORT TRADING CORPORATIONS

 

777.755     Legislative findings and policy

 

777.760     Definitions for ORS 777.755 to 777.800

 

777.763     Export trading corporation; formation by port; hearing; dissolution of corporation

 

777.765     Powers of export trading corporation

 

777.767     Authorized agreements

 

777.770     Additional fiscal powers of export trading corporation

 

777.773     Status of obligations of export trading corporation; prohibited investments

 

777.775     Status of export trading corporation; application of certain laws

 

777.780     Board of directors; election; term; compensation; board officers

 

777.783     Board meetings; rules; quorum

 

777.785     Meetings of board to be open to public; executive sessions

 

777.787     Chief executive officer of export trading corporation; appointment; removal

 

777.790     Employees of export trading corporation

 

777.793     Disclosure of commercial or financial information prohibited; exception

 

777.795     Right to inspect records of export trading corporation; certain records exempt from disclosure

 

777.800     Annual report

 

OREGON INTERNATIONAL PORT OF COOS BAY

 

777.915     Definitions for ORS 777.915 to 777.953

 

777.917     Oregon International Port of Coos Bay; applicability of statutes

 

777.920     Board of port commissioners; powers

 

777.923     Qualifications of port commissioners

 

777.925     Appointment of port commissioners; term; vacancies

 

777.927     Removal of port commissioner for malfeasance; statement of charges; notice; court hearing

 

777.930     Removal of port commissioner for lack of attendance; authorized leave of absence

 

777.933     Board meetings; rules; executive committee

 

777.935     Board officers

 

777.937     Board to report to Legislative Assembly

 

777.940     Power to issue general obligation bonds; limitation; dedication of revenues; use of proceeds

 

777.943     Issuance of bonds

 

777.945     Certain uses of bond proceeds prohibited in absence of elector approval

 

777.947     Limitation on annual issuance and aggregate amount of bonds in absence of elector approval

 

777.950     Certain uses of proceeds of bonds issued without elector approval prohibited

 

777.953     Annexation; authority; procedure; effect

 

(Temporary provisions relating to Coos Bay Channel Project are compiled as notes following ORS 777.953)

 

PENALTIES

 

777.990     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 Oregon are directed to assist in promptly achieving the creation of such facilities by processing applications for necessary permits in an expeditious manner and by assisting the ports involved with available financial assistance or services when necessary. [1981 c.879 §6; 1993 c.106 §1]

 

      Note: 777.065 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 777 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

(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 Port of Astoria and State Land Board concerning deepwater port facility at Tongue Point; division of revenue; board’s share credited to Common School Fund. Any agreement between the Port of Astoria, individually or in conjunction with another port, pursuant to ORS 777.090, and the State Land Board shall specify a division between the parties of all net revenues accruing from the management of the deepwater port facility at Tongue Point. The State Land Board’s share of the net revenues shall be transferred to the Department of State Lands and credited to the Common School Fund. [1981 c.879 §9]

 

      Note: See note under 777.090.

 

      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 Port’s authority over harbors, wharf lines and navigation. (1) To the full extent the State of Oregon might exercise control or grant to ports the right to exercise control, a port has full control of all bays, rivers and harbors within its limits, and between its limits and the sea. As convenient, requisite or necessary or in the best interests of the maritime shipping and commercial interests of the port, a port may, within its limits:

      (a) Make, change or abolish wharf lines in bays, rivers and harbors.

      (b) By ordinance make, modify or abolish regulations for the use of navigation, or for the placing of obstructions in or the removal of obstructions from bays, rivers and harbors.

      (2) A port shall have the authority to engage in the control and prevention of river and stream bank erosion, and the prevention of damage from floodwater and sediment, and to make, establish, change, modify or abolish such rules and regulations to preserve natural resources and prevent estuary and stream pollution within the boundaries of the district. [Amended by 1971 c.268 §20; 1971 c.691 §2; 1971 c.728 §140]

 

      777.125 Ports may maintain tug and pilotage service; charges; port’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.