2007 Oregon Code - Chapter 382 :: Chapter 382 - Intrastate Bridges
Chapter 382 —
Intrastate Bridges
2007 EDITION
INTRASTATE BRIDGES
HIGHWAYS, ROADS, BRIDGES AND FERRIES
COUNTY BRIDGES
(Generally)
382.005    “County
court” defined
382.205Â Â Â Â Using
county funds for bridges
(Multnomah County Bridges)
382.305Â Â Â Â Operation
of bridges across
382.310Â Â Â Â Powers
of
382.315Â Â Â Â Agreements
with public service corporations for use of
382.325Â Â Â Â Powers
of
382.330Â Â Â Â Operation
of
382.335Â Â Â Â Definitions
for ORS 382.335 to 382.425
382.340Â Â Â Â Bridges
over
382.345Â Â Â Â
382.350Â Â Â Â Petition
and order for bond election; debt limitation
382.355Â Â Â Â Filing
and presentation of petition; order of board of county commissioners
382.360Â Â Â Â Appeals
from orders of board of county commissioners
382.365Â Â Â Â Majority
vote to authorize bond issue
382.370Â Â Â Â Form
of petitions, notices and ballots
382.375Â Â Â Â Election;
laws applicable
382.380Â Â Â Â Order
declaring bond election result
382.385Â Â Â Â County
commissioners submitting bond issue on own motion
382.390Â Â Â Â Arrangement
by county commissioners for bond issuance and sale
382.395Â Â Â Â Terms
and conditions of bonds
382.400Â Â Â Â Registering
bonds
382.405Â Â Â Â Bond
advertisement and sale
382.410Â Â Â Â Custody
and disbursement of bond proceeds
382.415Â Â Â Â Paying
bond principal and interest with tax or motor license fund
382.420Â Â Â Â Title
and control of bridge
382.425Â Â Â Â County
clerk as clerk of county commissioners; records of proceedings
CITY BRIDGES
382.505Â Â Â Â Erection
and maintenance of bridges by cities
COUNTY BRIDGES
(Generally)
     382.005
“County court” defined. As
used in this chapter, unless the context requires otherwise, “county court”
includes board of county commissioners.
     382.105 [Repealed by 2007 c.531 §19]
     382.110 [Repealed by 2007 c.531 §19]
     382.115 [Repealed by 2007 c.531 §19]
     382.120 [Repealed by 2007 c.531 §19]
     382.125 [Amended by 1963 c.602 §1; 1981 c.153 §75;
repealed by 2007 c.531 §19]
     382.205
Using county funds for bridges.
If the money provided by ORS 368.705 is expended and an emergency arises
demanding immediate action by it, the county court may in its discretion apply
any moneys in the county treasury, not otherwise appropriated, toward defraying
the expense of building or repairing bridges on any of the county or state
roads within the county or over streams forming boundaries between the county
and any other county.
     382.210 [Amended by 1963 c.602 §2; repealed by 1981
c.153 §79]
     382.215 [Repealed by 1981 c.153 §79]
     382.220 [Repealed by 1971 c.659 §6]
     382.225 [Repealed by 1981 c.153 §79]
     382.230 [Repealed by 1981 c.153 §79]
     382.235 [Repealed by 1981 c.153 §79]
     382.240 [Repealed by 1981 c.153 §79]
     382.245 [Repealed by 1981 c.153 §79]
     382.250 [Repealed by 1981 c.153 §79]
     382.255 [Repealed by 1981 c.153 §79]
     382.260 [Repealed by 1981 c.153 §79]
     382.265 [Repealed by 1981 c.153 §79]
     382.270 [Repealed by 1981 c.153 §79]
     382.275 [Repealed by 1981 c.153 §79]
     382.280 [Repealed by 1981 c.153 §79]
     382.285 [Repealed by 1981 c.153 §79]
(Multnomah
County Bridges)
     382.305
Operation of bridges across
     (2) As used in ORS 382.305 to 382.330, “bridge”
means the bridges and parts thereof.
     382.310
Powers of
     (a) Maintain, keep in good condition and
repair and operate the bridges and their approaches. The lighting of the
bridges and their approaches is a part of the duty to maintain and operate such
bridges, and the board may enter into contracts for such lighting.
     (b) Operate, maintain and keep in good
condition all parts of the bridges owned by the city or leased by the city or
by the board of county commissioners.
     (2) The Board of
     (a) Employ, hire and discharge, from time
to time, agents, workers, laborers and servants, as it deems necessary in the
conduct, maintenance, repair and operation of the bridges and their approaches.
     (b) Make needful rules and regulations for
the operation and maintenance of the bridges, but such rules and regulations
shall be subject to the exercise by the City of
     (3) The Board of
     382.312 [1975 c.436 §4; repealed by 1993 c.741 §147]
     382.315
Agreements with public service corporations for use of
     382.320 [Repealed by 1969 c.429 §6]
     382.325
Powers of
     (1) Regulate traffic upon and across the
bridges and their approaches constructed by the City of
     (2) Lay and maintain upon the bridges and
their respective approaches constructed by the City of
     (3) Provide for the use of the bridges and
their approaches constructed by the City of
     (4) Make contracts with and grant rights,
privileges and franchises to any persons, firms or corporations for the use of
the bridges and their approaches, and rails and tracks by cars, street cars and
trains, the carrying of passengers thereon and for charging and collecting
fares and tolls under such rights, privileges and franchises.
     (5) Contract for, agree upon and charge
and collect rents and other compensation for such use by cars, street cars and
trains, and the Board of County Commissioners of Multnomah County shall have no
right to establish or collect rents or other compensation for the use of the
bridges by cars, street cars and trains.
     (6) Exercise all other power and authority
over the bridges and their approaches not expressly conferred by ORS 382.305 to
382.330 on
     382.330
Operation of
     (2) The board of county commissioners may,
from time to time, enter into leases or agreements with the owners of such
bridge for the use of the upper deck and its approaches for highway purposes by
the public and the operation of street cars thereon.
     (3) In the event that no public service
corporation makes any contract or agreement with the City of Portland for the
operation of its street cars over the upper deck of such bridge or its
approaches prior to February 25, 1913, the compensation to be paid by the
public service corporation shall be fixed by and paid to the City of Portland,
subject to the lease mentioned in subsection (1) of this section.
     382.335
Definitions for ORS 382.335 to 382.425. As used in ORS 382.335 to 382.425:
     (1) “Board of county commissioners” means
the Board of County Commissioners of
     (2) “Construct” includes repair, maintain,
improve or other words of similar meaning.
     (3) “Construction” includes repair,
maintenance, improvement, reconstruction or other words of similar meaning.
     382.340
Bridges over
     382.345
     382.350
Petition and order for bond election; debt limitation. Whenever a petition therefor, signed by not
less than 10 percent of the electors of Multnomah County and stating the amount
of the proposed bond issue is filed with the county clerk, the board of county
commissioners shall, subject to ORS 382.355 and 382.360, order an election to
determine whether or not the county shall issue bonds for the construction of
the bridge mentioned in ORS 382.345. However, if the county debt for the
construction of permanent roads already incurred or authorized, together with
the new debt sought to be created by the petition, exceeds six percent of the
assessed valuation of all the property in the county, then the board of county
commissioners shall disregard the petition.
     382.355
Filing and presentation of petition; order of board of county commissioners. (1) The petition mentioned in ORS 382.350
shall be filed with the county clerk and presented to the board of county
commissioners at or before its next regular session.
     (2) The board of county commissioners
shall examine the petition as soon as it is presented. If it is satisfied that
the petition substantially conforms to the requirements of ORS 382.370 and
contains the names and post-office addresses, places of residence and precincts
of the requisite number of electors as required by ORS 382.350, the board of
county commissioners shall make an order directing that a special election be
called and held in the county for the purposes specified in the petition at a
time to be then fixed by the board of county commissioners, which shall not be
less than 30 nor more than 40 days after the date of making the order and not
more than 90 days after the day of filing the petition.
     (3) If the board of county commissioners
determines either that the petition does not substantially conform to the
requirements of ORS 382.370 or that it does not contain names and post-office
addresses, places of residence and precincts of the requisite number of
electors as required by ORS 382.350, it shall make an order declaring that fact,
particularly designating the defects and refusing to order a special election.
     382.360
Appeals from orders of board of county commissioners. (1) There shall be no appeal from the order
mentioned in ORS 382.355 (2).
     (2) Within 10 days after the entry of the
order mentioned in ORS 382.355 (3), any one or more of the petitioners may
appeal to the circuit court in the same manner as appeals are taken from the
county court in actions at law, except that the notice of appeal, if not
entered in the journal at the time the order is made, shall be served on the
county clerk and no appeal bond shall be required.
     (3) If the circuit court upon appeal is
satisfied that the board of county commissioners should have ordered an
election, the circuit court shall direct the board of county commissioners to
proceed as if it had declared the proceedings sufficient. If upon appeal the
circuit court decides that the judgment of the board of county commissioners
was correct it shall make an order affirming the judgment of the board of
county commissioners. There shall be no appeal from the judgment of the circuit
court.
     382.365
Majority vote to authorize bond issue. The bonds mentioned in ORS 382.345 shall be issued only upon approval
of a majority of those voting at any election for the same.
     382.370
Form of petitions, notices and ballots. Petitions for bridge bond elections, bridge bond election notices and
ballots shall be in substantially the same form as prescribed by ORS 381.440. [Amended
by 1983 c.350 §254]
     382.375
Election; laws applicable.
(1) Elections for the issuance of the bonds may be held at any general election
or at any time, subject to the time limitations of ORS 382.355 (2).
     (2) The laws of this state governing
special and general elections in so far as they do not conflict with ORS
382.335 to 382.425 apply to elections under ORS 382.335 to 382.425.
     382.380
Order declaring bond election result. If at any such general or special bridge bond election a majority of
the electors voting at such election votes in favor of issuing the bonds, the
board of county commissioners shall enter an order in its journal declaring
that fact. The order shall be absolutely conclusive as to the regularity of all
the proceedings in reference to the matter.
     382.385
County commissioners submitting bond issue on own motion. The board of county commissioners of its own
motion may submit the question of issuing bonds for the purposes mentioned in
ORS 382.345 at any general election. This may be done by an order of the board
of county commissioners, entered in the journal at least 40 days next preceding
any general election. The order shall set out the amount of bonds proposed to
be issued, the length of time they shall run and the maximum rate of interest
they shall bear. After having entered such order the board of county
commissioners shall proceed to submit the question to the electors of the
county in the same manner and with like effect as upon the petition mentioned
in ORS 382.350.
     382.390
Arrangement by county commissioners for bond issuance and sale. Thirty days after the entry upon the records
of the order mentioned in ORS 382.380, or if the election is contested, within
30 days after the final determination of such contest, the board of county
commissioners shall arrange to issue such bonds as were authorized at the
election and shall thereafter, as soon as may in its judgment be deemed
expedient, issue and sell the bonds. The board of county commissioners may
arrange the form, details and sale of the bonds consistently with ORS 382.335
to 382.425.
     382.395
Terms and conditions of bonds.
(1) The bonds mentioned in ORS 382.345 shall:
     (a) Be in denominations of $100 or more,
but not exceeding $1,000.
     (b) Run not to exceed 30 years from the
date of their respective issuance.
     (c) Bear interest at a rate determined by
the board of county commissioners, payable semiannually.
     (d) Have interest coupons attached to
them, one coupon for each interest payment that will be made.
     (e) Be signed by the chairperson of the
board of county commissioners and the county clerk. The interest coupons shall
bear the printed facsimile signatures of the chairperson of the board of county
commissioners and the county clerk.
     (f) Be sealed with the seal of the county.
     (g) Bear the certificate of the county
treasurer over the signed statement that they have been registered in the
treasurerÂ’s office, naming the date registered.
     (h) Be issued in series and mature
serially.
     (2) The bonds and interest coupons shall:
     (a) Be lithographed or printed on good
bond paper.
     (b) Be made payable to bearer, in any coin
or currency which, at the time of payment, is legal tender for the payment of
public and private debts within the
     (c) Be paid by the county treasurer upon
presentation at the treasurerÂ’s office or at the fiscal agency of the state in
     (3) Subject to subsections (1) and (2) of
this section, denominations of the bonds, dates of maturity and dates when
interest is payable may be determined by the board of county commissioners. [Amended
by 1981 c.94 §35]
     382.400
Registering bonds. The
county treasurer shall keep a register of all the bonds issued or sold under
ORS 382.335 to 382.425, noting therein the number of bonds, amount, date of
issuance, date of sale and such facts as in the judgment of the county
treasurer serve to keep an accurate record of the bonds so issued and sold.
     382.405
Bond advertisement and sale.
(1) The board of county commissioners shall advertise in one newspaper in the
county outside of Portland, if there is one, in one leading newspaper in
Portland, Oregon, and in one leading financial newspaper in New York City for
two weeks before any sale of bonds, the fact of the sale, inviting bids for the
bonds and stating such facts as will interest prospective purchasers. For
example, the date and place of sale, the terms of sale, the character of the
bonds, the amount, interest and denomination of the bonds, the fact that all
bids must be accompanied by a certified check for five percent of the amount of
the bid, that any and all bids may be rejected, that the bonds may be sold only
for cash, not below par, and to the highest bidder and such other facts as may
in the judgment of the board of county commissioners procure the most
advantageous sale of the bonds may be stated.
     (2) All bids to purchase bonds shall be
sealed and accompanied by a certified check for five percent of the amount of
the bid. The board of county commissioners may reject any and all bids.
     (3) No bonds authorized by ORS 382.345
shall be sold for less than par or for anything but cash.
     382.410
Custody and disbursement of bond proceeds. The proceeds of all the bonds sold under ORS 382.335 to 382.425 shall
be paid into the county treasury and shall go into a special bridge fund. Such
proceeds shall be disbursed for the purposes for which the bonds are issued.
     382.415
Paying bond principal and interest with tax or motor license fund. (1) The board of county commissioners shall,
at the time of making the annual tax levy upon the previous yearÂ’s assessment,
levy a tax on all the taxable property in the county sufficient to pay the
outstanding bonds at maturity and the interest on all outstanding bonds for the
current year. The proceeds derived from the tax shall be used only for the
payment of the principal and interest of the bonds. Such proceeds shall be paid
by the county treasurer to the bearer of the bonds or sent to the fiscal agency
at
     (2) The board of county commissioners in
its annual budget has the option of providing for the application of all or
part of the proceeds of the county motor license fund to all or part of the
payments of principal and interest on bridge bonds maturing in the ensuing
year. In case this option is exercised and such other provision is made for
meeting the debt requirement, in whole or in part, then the tax levy authorized
by subsection (1) of this section shall only be for such amount, if any, as may
be necessary over and above this other provision of funds.
     382.420
Title and control of bridge.
Upon the completion of any bridge constructed under ORS 382.335 to 382.425,
title thereto and full control thereof shall be vested in
     382.425
County clerk as clerk of county commissioners; records of proceedings. In all proceedings relative to the bonds or
to bridge construction, the
CITY BRIDGES
     382.505
Erection and maintenance of bridges by cities. Each incorporated city in this state may
erect and maintain bridges across navigable or other water within or without
the boundaries of the city when found necessary or convenient and take such
action and proceedings as are suitable for obtaining the approval of the proper
authorities of the United States Government therefor.
     382.605 [Repealed by 1969 c.50 §1]
     382.610 [Repealed by 1969 c.50 §1]
     382.615 [Repealed by 1969 c.50 §1]
     382.620 [Repealed by 1969 c.50 §1]
     382.625 [Repealed by 1969 c.50 §1]
     382.630 [Repealed by 1969 c.50 §1]
     382.635 [Repealed by 1969 c.50 §1]
     382.640 [Repealed by 1969 c.50 §1]
     382.645 [Repealed by 1969 c.50 §1]
     382.650 [Repealed by 1969 c.50 §1]
     382.655 [Repealed by 1969 c.50 §1]
     382.660 [Repealed by 1969 c.50 §1]
     382.665 [Repealed by 1969 c.50 §1]
     382.670 [Repealed by 1969 c.50 §1]
     382.675 [Repealed by 1969 c.50 §1]
     382.705 [Repealed by 1969 c.50 §1]
     382.710 [Repealed by 1969 c.50 §1]
     382.715 [Repealed by 1969 c.50 §1]
     382.720 [Repealed by 1969 c.50 §1]
     382.725 [Repealed by 1969 c.50 §1]
     382.730 [Repealed by 1969 c.50 §1]
     382.735 [Repealed by 1969 c.50 §1]
     382.740 [Repealed by 1969 c.50 §1]
     382.745 [Repealed by 1969 c.50 §1]
     382.750 [Repealed by 1969 c.50 §1]
     382.755 [Repealed by 1969 c.50 §1]
     382.760 [Repealed by 1969 c.50 §1]
     382.765 [Repealed by 1969 c.50 §1]
     382.770 [Repealed by 1969 c.50 §1]
     382.775 [Repealed by 1969 c.50 §1]
     382.780 [Repealed by 1969 c.50 §1]
     382.785 [Repealed by 1969 c.50 §1]
_______________
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