Oregon Revised Statutes
The Department of Transportation in the name of the state may construct, reconstruct, purchase, rent, lease or otherwise acquire, improve, operate and maintain bridges over the Columbia River. Notwithstanding the designation of state highways within this state under ORS 366.005 and 366.220, the department may acquire real property necessary for the Intersta…
For the purpose of carrying out or putting into effect the right, power and authority granted by ORS 381.005 to 381.080 or any other law, the Department of Transportation in the name of the state may make and enter into agreements with: The Government of the United States or any of its agencies. The State of Washington. Any county, municipality, port or o…
A request for proposals or an invitation to bid issued in accordance with the provisions of ORS 381.005 to 381.080 at a minimum must: Require the proposer or bidder to comply with the requirements of ORS chapters 279A, 279B and 279C and other applicable laws related to environmental protection, worker health and safety and employment of apprentices; and St…
The Department of Transportation may use moneys in the State Highway Fund, and any other moneys available to the department, to pay any part of the cost of the construction, purchase, financing, maintenance, operation, repair, reconstruction and improvement of any bridge mentioned in ORS 381.005. [Amended by 2013 c.4 §5] (Temporary provisions relating to th…
The authority conferred by ORS 381.005 to 381.020 is cumulative and in addition and supplemental to the authority conferred by any other law.
The Department of Transportation in the name of the state may construct, reconstruct, purchase, rent, lease or otherwise acquire, improve, operate and maintain bridges over the Snake River into the State of Idaho, and may acquire any real property necessary for any such bridge, together with approaches and connecting roads, on both sides of the river.
For the purpose of carrying out or putting into effect the right, power and authority granted by ORS 381.096 or any other law, the Department of Transportation in the name of the state may make and enter into agreements with: The Government of the United States or any of its agencies. The State of Idaho. Any county, municipality, port or other political s…
A request for proposals or an invitation to bid issued in accordance with the provisions of ORS 381.096 or 381.098 at a minimum must: Require the proposer or bidder to comply with the requirements of ORS chapters 279A, 279B and 279C and other applicable laws related to environmental protection, worker health and safety and employment of apprentices; and St…
INTERSTATE BRIDGES UNDER LOCAL JURISDICTION
Each county, city, town or port of this state adjoining or bordering on any interstate river or stream of water may: Construct, reconstruct, purchase, rent, lease or otherwise acquire, improve, operate and maintain bridges over any interstate river or stream of water to any adjoining state. Subject to other provisions of law, acquire property and use reven…
For the purpose of carrying out or putting into effect the right, power and authority granted by ORS 381.205 to 381.314 or any other law, each of the public bodies or agencies mentioned in ORS 381.205 may make and enter into any agreements with: The Government of the United States or any of its agencies. The State of Oregon or any of its agencies. Any adj…
In carrying out ORS 381.205 to 381.314, each of the counties, cities, towns or ports mentioned in ORS 381.205 may act independent of or in conjunction with each other upon such terms and conditions as may be agreed upon by the contracting parties.
Any agreement made or contract entered into pursuant to the authority of ORS 381.205 to 381.314 shall, among other things, contain express provisions with respect to: The site of the bridges. The maximum financial obligation assumed by each of the contracting parties. The estimated cost of the structure with its approaches and connecting roads. The sourc…
Any county, city, town or port mentioned in ORS 381.205 may pay out of its respective funds or any other funds available to any of them, all or any part of the cost of the construction, reconstruction, purchase, maintenance, operation or repair of any bridge authorized by ORS 381.205 to 381.314.
Whenever any county undertakes the construction or acquisition of an interstate bridge or ferry pursuant to ORS 381.205 to 381.314, the county court or board of county commissioners may employ and pay reasonable compensation to attorneys, including the district attorney of the county, for services heretofore or hereafter performed in connection with the cons…
The construction, purchase, acquisition, operation or maintenance of any bridge or of its approaches authorized by ORS 381.205 to 381.314 may be financed in whole or in part through the issuance and sale of revenue bonds. As security for the payment of the bonds, the total or any part of the revenues from any such bridge may be hypothecated and pledged by th…
Revenue bonds mentioned in ORS 381.230: Shall be made to mature at such times and bear such annual rate of interest, payable semiannually, as the authority issuing them may determine. May have coupons attached representing the interest payments. Shall contain a recital that the bonds and the interest thereon shall be limited in payment to the special fund…
Any county, city, town or port mentioned in ORS 381.205, heretofore or hereafter issuing its revenue bonds under ORS 381.205 to 381.314, may thereafter issue and sell its refunding revenue bonds for the purpose of refinancing and redeeming such outstanding revenue bonds at maturity pursuant to redemption provisions, or at any time before maturity either with…
All revenue bonds and refunding revenue bonds issued under ORS 381.205 to 381.314 shall be negotiable instruments under the law merchant, notwithstanding they shall be payable solely from the revenues pledged for that purpose. None of such bonds shall be deemed a charge upon the tax or other revenues of the issuing entity.
Any and all of the counties, cities, towns or ports mentioned in ORS 381.205, independently or in conjunction with each other, may incur indebtedness and issue negotiable bonds therefor in order to obtain funds for the whole or any part of the cost of the construction, reconstruction, purchase, acquisition or maintenance of the bridges authorized by ORS 381.…
If any bridge constructed, purchased or otherwise acquired under ORS 381.205 to 381.314 is operated as a toll bridge, and the revenues or any part thereof derived as a result of the tolls and charges collected have been pledged and revenue bonds issued, in fixing and determining the amount of tolls to be charged consideration shall be given, among other thin…
In carrying out ORS 381.205 to 381.314 each of the counties, cities, towns or ports mentioned in ORS 381.205 may: Accept from the United States or any of its agencies such funds as are available for any of the purposes contemplated by ORS 381.205 to 381.314, and enter into such contracts and agreements with the United States or any of its agencies as may be…
The parties contracting for the construction of any bridges under ORS 381.205 to 381.314 shall select and agree upon sites, but no such bridge shall be constructed unless it connects or provision is made for connection with a state and federal highway in this state and any state or federal highway in the adjoining state.
Before any bridge is constructed by any of the counties, cities, towns or ports mentioned in ORS 381.205, the authorities desiring to construct the same shall select the location of the bridge and prepare the plans and specifications and the estimated cost of the structure, including rights of way, approaches and connecting roads.
Preparation of the specifications and designs of any bridge constructed under ORS 381.205 to 381.314 may give consideration to and include provisions for facilities and accommodations for traffic by rail as well as for traffic by motor vehicle, team, bicycle, pedestrian or other regular highway traffic. If provision is made for rail traffic, then the agenci…
Competitive bids shall be invited for the construction of any bridge mentioned in ORS 381.260 in conformity with the plans, specifications and design. The call for bids shall require that each bidder accompany the bid with a certified check or a bidder’s bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 in the…
All contracts made and entered into for the construction, purchase, acquisition, reconstruction, improvement or repair of any bridge mentioned in ORS 381.205 shall be made in the name of the authority authorizing performance of the work.
There shall be required, in connection with all contracts mentioned in ORS 381.275 and involving the employment of labor and materials, a satisfactory bond in a sum not less than 50 percent of the total amount of the contract. The bond: Shall be conditioned upon the faithful performance of the contract. Shall contain a condition that the contractor shall p…
Any county, city, town or port mentioned in ORS 381.205 may exercise the power of eminent domain to carry out any of the provisions of ORS 381.205 to 381.314 in accordance with the procedure provided in ORS chapter 35.
Any bridge constructed, purchased or otherwise acquired and operated under ORS 381.205 to 381.314 may be operated free to the public or on toll. If operated on toll, the revenues therefrom may be pledged as provided in ORS 381.230.
The connecting road and approaches to any bridges mentioned in ORS 381.205, on the Oregon side of the interstate river, together with the bridge to the center of the channel of the river, shall be part of the Oregon state highway system and shall be so declared and designated by the Department of Transportation by an appropriate resolution duly adopted and e…
In the event that any county, city, town or port mentioned in ORS 381.205 has purchased or acquired or agreed to purchase or acquire any ferry which is being operated in carrying passengers and freight over and across any interstate river or stream at or in proximity to the site or location of a bridge constructed or to be constructed under ORS 381.205 to 38…
Whenever any county, city, town or port mentioned in ORS 381.205, heretofore or hereafter determines through its governing authority to construct a bridge under ORS 381.205 to 381.314, it may, as a part of the cost of the bridge, include and acquire any then existing and operating ferry, with appurtenant properties, which the governing body determines to be …
The authority conferred by ORS 381.205 to 381.300 is in addition and supplemental to the authority conferred by any other law.
As used in this section and ORS 381.312: “Bridge” means an existing bridge, or a completed bridge that results from a bridge project, and any related facilities. “Bridge project” means a project to construct, reconstruct or replace a bridge that spans the Columbia River, and any related facilities, that a private entity undertakes in accordance with: An a…
The Port of Hood River, or any private entity or unit of government that the port designates to operate a bridge in an agreement the port enters into under ORS 381.205 to 381.314, may establish, collect or alter a reasonable toll, administrative fee or civil penalty in connection with the bridge. The port or the private entity or unit of government that the…
The Port of Hood River may sell or otherwise transfer ownership of a bridge or bridge project that the port owns if, in an agreement for the sale or transfer, the port provides that: The sale or transfer is subject to an easement in favor of public use for the duration of the functional life of the bridge or bridge project; The port has a right of first re…
As used in ORS 381.405 to 381.520: “Construct” includes repair, maintain, improve or other words of similar meaning. “Construction” includes repair, maintenance, improvement or other words of similar meaning. “County court” means the county court of the county in which the bridge mentioned in the context is situated, and includes the board of county commi…
Bridges over rivers and bodies of water forming interstate boundaries are permanent roads and include approaches and viaducts leading thereto.
For the purposes of ORS 381.405 to 381.520 the right, power and authority of the state to construct bridges, viaducts and roadways over navigable streams and the beds thereof or upon any state lands is granted and given to all counties.
Counties may borrow money for the purpose of constructing interstate bridges and issue bonds to evidence such indebtedness.
This section establishes the procedure for determining whether a county shall issue bonds for the construction of an interstate bridge under ORS 381.420. The question shall be decided by election. The county court: May order the election on its own resolution; or Shall order the election when a petition is filed as provided in this section. The order of t…
The county court is created a bonding committee of the county. The judge of the county court or chairperson of the board of county commissioners shall be chairperson and the county clerk shall be secretary of the bonding committee.
If the electors of the county approve the issuance of bonds, the bonding committee shall arrange to issue and sell the bonds. The bonding committee may arrange the form, details and sale of the bonds in a manner consistent with ORS 381.405 to 381.520.
The bonds mentioned in ORS 381.420 shall: Be in denominations of $100 or more, but not exceeding $1,000. Run not to exceed 30 years from the date of issuance. Bear interest at a rate not to exceed six percent per year, payable on January 1 and July 1. Have interest coupons attached to them, one coupon for each interest payment that will be made. Be sign…
The county treasurer shall keep a register of all the bonds issued or sold under ORS 381.405 to 381.520, noting therein the number of bonds, amount, date of issuance, date of sale and such facts as in the judgment of the county treasurer serve to keep an accurate record of the bonds so issued and sold.
The bonding committee shall advertise in one newspaper in the county, if there is one, in one leading newspaper in Portland, Oregon, and in one leading financial newspaper in New York City for two weeks before any sale of bonds, the fact of the sale, inviting bids for the bonds and stating such facts as will interest prospective purchasers. For example, the …
The proceeds of all the bonds sold under ORS 381.405 to 381.520 shall be paid into the county treasury and shall go into a special bridge fund. Such proceeds shall be disbursed for the purposes for which the bonds are issued.
The county court shall, at the time of making the annual tax levy upon the previous year’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 an…
Incorporated cities may construct, maintain and operate toll bridges over rivers and bodies of water forming interstate boundaries, and for such purpose may borrow money and issue and sell bridge bonds to evidence such indebtedness.
This section establishes the procedure for determining whether a city shall issue bonds for the construction of an interstate bridge under ORS 381.605. The question shall be decided by election. The city council: May order the election on its own resolution; or Shall order the election when a petition is filed as provided in this section. The order of the…
The council may issue and sell bonds for the purpose mentioned in ORS 381.605 only upon the approval of a majority of those voting on the question.
If the electors of the city approve the issuance of bonds, the council shall arrange to issue and sell the bonds. The council may arrange and provide the form, terms and sale of the bonds, consistent with ORS 381.605 to 381.670.
The bonds mentioned in ORS 381.605 shall: Be in denominations of $100 or more, but not exceeding $1,000. Run not to exceed 30 years from the end of the respective issues thereof. Bear interest at a rate not to exceed six percent per year, payable on January 1 and July 1. Have interest coupons attached to them, one coupon for each interest payment that wi…
The city treasurer shall keep a register of all the bonds issued or sold under ORS 381.605 to 381.670, noting therein the number of bonds, amount, date of issuance, date of sale and such facts as in the judgment of the city treasurer serve to keep an accurate record of the bonds so issued and sold.
The bonds shall be advertised and sold to the highest bidder for cash. The council shall advertise in one newspaper, if there is one, in the county in which the municipality is located, in one leading newspaper in Portland, Oregon, and in one leading financial newspaper in New York City for two weeks before any sale of bonds, the fact of the sale, inviting …
The proceeds of all the bonds sold under ORS 381.605 to 381.670 shall be paid into the city treasury and shall go into a special bridge fund. Such proceeds shall be disbursed for the purposes for which the bonds are issued.
Tolls shall be fixed, charged and collected for passage over the bridge mentioned in ORS 381.605, and shall be so fixed and adjusted as to provide a fund sufficient to pay the principal and interest of the bonds issued for such bridge and an additional fund to pay the cost of maintaining, repairing and operating such bridge. The tolls, except such part ther…
Should the tolls and revenues procured for the use of the bridge be insufficient to pay the cost of maintaining, repairing and operating the bridge and the interest and principal upon bonded indebtedness as it accrues, the city council may each year levy and collect taxes upon all property, real and personal, situated within the boundaries of the municipalit…
The council shall cause to be prepared surveys, plans, specifications and estimates for the materials to be used and the manner and method of construction of any bridge constructed under ORS 381.605 to 381.670. The council shall invite bids for the construction of any such bridge in conformity with the plans and specifications. The council shall award the …
The Legislative Assembly finds and declares that: Interstate toll bridges owned by local governments provide critical links for the transport of workers, services, tourism and emergency response between the State of Oregon and the State of Washington, and for Oregon businesses to transport local agricultural products, forest products, rock, gravel and manuf…
As used in ORS 381.702 to 381.755, unless the context requires otherwise: “Board” means the board of directors of a commission. “Bridge” means an interstate toll bridge, including any approaches, that replaces an existing bridge crossing the Columbia River between the State of Oregon and the State of Washington. “Bridge finance plan” means a plan adopted …
Upon enactment by the State of Washington of legislation having the same material effect as ORS 381.702 to 381.755, local governments may enter into a commission formation agreement to form and charter a commission under this section. The commission is a public corporation formed under the laws of the State of Oregon and the State of Washington, vested with …
A commission shall be governed by a board of directors. A commission formation agreement must specify the number of voting directors and nonvoting directors, if any, appointed by local governments from each state and by governmental entities that are not local governments, if any, and shall establish procedures for the nomination and appointment of the direc…
In addition to any other powers granted under ORS 381.702 to 381.755, a commission may: Construct, purchase, lease, acquire, own, operate, maintain, control, hold, sell, convey, dispose of, finance or refinance real property, personal property, facilities, materials, supplies or equipment, or any interest therein, within the State of Oregon or the State of …
Before construction may begin on a bridge, a board must appoint or retain an executive director to perform the duties and functions of the chief administrator of the commission and exercise the powers conferred upon the executive director by the board or under ORS 381.702 to 381.755. The executive director serves at the pleasure of the board. Subject to any …
A commission may finance, refinance, acquire or otherwise assume control of, by purchase, lease, donation or other means, real property or personal property, structures, property rights, franchises, easements or other property interests, whether situated within the State of Oregon or the State of Washington, as the board deems necessary or incidental to the …
A board shall have the exclusive power to impose, fix and periodically adjust the rate of tolls or other charges for use of a bridge owned or operated by the commission without approval, authorization or concurrence by a state legislature, state toll authority, local government, state agency, state official or other entity. The board may establish and implem…
The commission shall: Design and construct a bridge to standards and specifications satisfactory to the departments of transportation; Comply with all applicable permits, clearances and mitigation requirements; and Arrange for timely review by the departments of transportation of all pertinent engineering plans, specifications and related reports. The co…
A board shall have the exclusive power to adopt and enforce the rules and regulations for the use, operation, maintenance, inspection and preservation of a bridge owned or operated by the commission, including loads permitted on the bridge and closing the bridge to any traffic deemed unsafe by the commission, provided that the commission must comply with all…
A board, for any lawful purpose of the commission, without the necessity of any assent by electors, local governments or any other governmental entity, may by resolution or ordinance provide for the issuance and sale of: Revenue bonds or other debt instruments paid from and secured by all or any revenue of the commission; Short-term obligations, notes, war…
Notwithstanding the laws of this state or the State of Washington and except as provided in subsection (2) of this section, a state or political subdivision may not require the commission to pay a tax or assessment, or an in lieu of tax or assessment, including but not limited to a property tax, sales tax, use tax or other tax or assessment upon real propert…
A commission is subject to applicable federal law, ORS 381.702 to 381.755, rules adopted by the commission’s board under ORS 381.702 to 381.755 and any state or local laws that apply to a municipal corporation as specified in this section. Except as provided in subsections (3) and (4) of this section, the commission, the board and the commission’s officials…
A grantee for a federal, state or local grant for a bridge owned or to be owned by a commission that was awarded before the formation date of the commission is the grantee until the grant is closed under the terms of the grant agreement, unless otherwise agreed to by the grantee and the commission. The governing body of the grantee shall oversee the work und…
ORS 381.702 to 381.755 must be liberally construed to effectuate the purposes of the commission, and the powers and authority granted to the commission under ORS 381.702 to 381.755 are supplemental to all other powers and authorities granted to municipal corporations under the applicable laws described under ORS 381.745. A legal challenge to the formation o…
INTERSTATE BRIDGES UNDER JURISDICTION OF OTHER STATES
Every bridge that passes over a river or body of water forming a boundary between this state and another state, and that has been constructed or acquired and is being operated by the other state or by any county, city, port or other municipality of the other state, together with its approaches, is exempt from all property and other taxes in this state, if th…