Chapter 777 — Ports Generally

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: “Board” means the board of commissioners of a port. “County” means the county in which the port, or the greater portion of the area of the port, is located. “County board” means the county court or the board of county commissioners of the county. “County cler…

777.010 Areas that may be included in port

Ports may be formed in the manner provided in this section and ORS 777.050. 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 dra…

777.015 [Amended by 1967 c.342 §2; repealed by 1971 c.727 §203]

777.020 [Amended by 1959 c.602 §2; 1963 c.252 §1; repealed by 1971 c.727 §203]

777.022 [1959 c.602 §4; 1963 c.252 §2; repealed by 1971 c.727 §203 and by 1971 c.728 §138]

777.025 [Amended by 1967 c.342 §3; repealed by 1971 c.647 §149 and by 1971 c.728 §138]

777.030 [Amended by 1959 c.57 §1; 1963 c.252 §3; repealed by 1971 c.647 §149]

777.035 [Amended by 1967 c.342 §4; repealed by 1971 c.727 §203]

777.040 [Amended by 1959 c.602 §5; repealed by 1971 c.727 §203]

777.045 [Repealed by 1971 c.647 §149 and by 1971 c.727 §203]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: Have perpetual succession. 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. Make all contracts, hold, receive and dispose of real and personal property, and do all other acts and things which may be …

777.055 [Repealed by 1971 c.728 §138]

777.060 [Amended by 1963 c.268 §18; repealed by 1971 c.727 §203]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, develo…

777.080 Application of special district election laws to ports

ORS chapter 255 governs the following: The nomination and election of district commissioners. The conduct of district elections. 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.

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. Note: 777.0…

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 th…

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. 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 exte…

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 w…

777.110 Contracts with federal government

A port may: 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 Receive therefor compensation as agreed between the federal government and the port.

777.112 Contracts or intergovernmental agreements between ports and others

A port may enter into intergovernmental agreements under ORS chapter 190 for any purpose permitted under that chapter. 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 enhan…

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. Note: 777.113 was added to and made …

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

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. A port may not purchase real property unless the port first …

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

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, …

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

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. The charges for towage and pilotage shall be fixed by the b…

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

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. 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 opera…

777.133 Coordination with other ports

The Legislative Assembly finds and declares that: Oregon public ports were created to preserve public ownership of public resources, giving local governments the ability and statutory authority to support economic development for the benefit of the public; Oregon public ports are vital links in the transportation and economic infrastructure of this state a…

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

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. 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. The commissioners shall…

777.137 Designation of position numbers for commissioners

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. 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 o…

777.140 Board meetings; board officers; rules; public records

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. A board shall choose from its number a president, vice president, treasurer and secretary, who shall hold their offices until th…

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.

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…

777.160 Representation by subdistricts; terms of commissioners after subdistricting

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. The terms of office of the incumbent commissioners of a p…

777.165 Vacancies

Notwithstanding ORS 198.320, the Governor may fill vacancies on the board of any port by appointment when the vacancies exist as a result of the failure to nominate and elect board members as provided in ORS 777.080, 777.135 and 777.160. The appointees shall be electors registered in the port. If the port is divided into subdistricts under ORS 777.155 or 777…

777.170 [Amended by 1971 c.728 §40; 1975 c.647 §51; repealed by 1981 c.173 §54 (777.171 enacted in lieu of 777.170)]

777.171 [1981 c.173 §55 (enacted in lieu of 777.170); repealed by 1983 c.350 §331a]

777.175 [Repealed by 1971 c.728 §138]

777.180 Powers of ports created by special laws

All ports created prior to April 17, 1920, under any special law of the Legislative Assembly of this state shall, in addition to the powers they possessed on that date, have all the powers possessed by ports under the general laws of this state, except the power to borrow money and issue bonds under ORS 777.410 and 777.415.

777.185 [Amended by 1963 c.327 §1; 1971 c.545 §1; repealed by 1971 c.728 §16 (777.116 enacted in lieu of 777.185)]

777.187 [1967 c.186 §2; repealed by 1971 c.728 §16 (777.116 enacted in lieu of 777.187)]

777.190 Ordinances for policing or regulating of port property

A port may by ordinance in accordance with ORS 198.510 to 198.600 make, modify or abolish regulations to provide for the policing, control, regulation and management of property owned, operated, maintained or controlled by the port. A port, for the purpose of enforcing such ordinances, may appoint peace officers who shall have the same authority, for the pur…

777.195 Port may engage in certain water commerce-related activities

A port may, for hire: Acquire, charter, own, lease, rent, dispose of, maintain and operate towboats, barges and other watercraft for the transportation of all kinds of merchandise, freight and commercial or recreational passengers, and engage generally in maritime trade and commerce, within or without the boundaries of this state. Own, acquire, construct, …

777.205 [1963 c.209 §3; repealed by 1971 c.727 §203]

777.210 Port may engage in certain port management activities

A port may: Establish, operate and maintain water transportation lines in any of the navigable waters of this state and waters tributary thereto, any portion of which may touch the boundaries of the port. Engage generally in the business of buying and selling coal, fuel oil and all kinds of fuel for watercraft of all kinds. Acquire, construct, maintain an…

777.215 [1963 c.209 §4; repealed by 1971 c.727 §203]

777.220 Port may collect certain fees from port users

A port may collect from vessels using any port facility, wharfage, dockage and drydockage; and collect from owners or consignees of goods passing over the docks and warehouses, wharfage and storage charges for goods so handled.

777.225 [1963 c.209 §5; repealed by 1971 c.727 §203]

777.230 Port may generate electric power; sale of power limited to utilities and federal agency; use of natural gas as fuel for generating facilities

A port may: Design, erect, complete, operate and maintain all necessary hydroelectric, steam-generating, electric, oil, gasoline or other power-producing plants or systems, for the purpose of generating electrical current for lighting and power purposes. Acquire rights of way for the placing of transmission lines over which to carry the electrical energy r…

777.240 Port may advertise and promote facilities, commerce and activities

A port may advertise and promote facilities and commerce of the port, activities of the port and activities of others using port facilities, through public and trade media, exhibits, fairs, trade fairs and trade tours, either alone or in cooperation with others or through associations or organizations having similar interests.

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

A port may construct buildings or other improvements and acquire personal properties including but not limited to machinery and equipment considered necessary whether or not now in existence or under construction, suitable for use by any industry for the manufacturing, refining, processing or assembling of any agricultural, mining or other products or by any…

777.255 [Repealed by 1963 c.268 §21]

777.258 General powers of port in promotion of certain interests

A port may, in general, do such other acts and things, not mentioned by ORS 777.195 to 777.258, as tend to promote the maritime shipping, aviation and commercial interests of the port.

777.260 [Repealed by 1963 c.268 §21]

777.262 Port dredging activities; legislative findings and purpose

The Legislative Assembly finds: That recent changes in federal law authorize the United States Army Corps of Engineers to require ports and other local communities to provide a portion of the costs of dredging harbors and channels near those communities; That port districts and communities in this state cannot afford to pay the costs necessary to continue …

777.265 [Repealed by 1963 c.268 §21]

777.267 Marine Navigation Improvement Fund

The Marine Navigation Improvement Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Marine Navigation Improvement Fund shall be credited to the fund. The moneys in the fund and interest earnings on the moneys in the fund are continuously appropriated to the Oregon Business Development Department fo…

777.270 [Amended by 1959 c.602 §6; repealed by 1963 c.268 §21]

777.271 Authority of rural ports to operate telecommunications facilities; exceptions

A rural port may construct, purchase, acquire, develop, finance, lease, license, handle, provide, add to, contract for, interconnect, alter, improve, repair, operate and maintain any telecommunications facilities within or without the port’s limits for the port’s own use. This section does not authorize a rural port to provide telecommunications services to…

777.272 [1959 c.602 §8; repealed by 1963 c.268 §21]

777.273 Authority of ports to operate pipelines; exceptions

A port may own, acquire, construct, operate, improve and maintain pipelines and related facilities for the transportation of products and materials that promote the maritime shipping, aviation and commercial interests of the port. A port may enter into connection and other agreements with entities owning or operating pipelines and related facilities as may …

777.275 [Repealed by 1963 c.268 §21]

(Columbia River Channel Deepening Project)

777.277 Definitions for ORS 777.277 to 777.287

As used in ORS 777.277 to 777.287: “Channel Deepening Account” means the account in the Marine Navigation Improvement Fund created by ORS 777.282. “Channel Deepening Debt Service Account” means the account in the Marine Navigation Improvement Fund created by ORS 777.282. “Channel deepening project” means a project to deepen the deep draft Columbia River n…

777.279 [1997 c.644 §2; 2001 c.942 §8; repealed by 2003 c.741 §17]

777.280 [Repealed by 1963 c.268 §21]

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

The Channel Deepening Account is hereby created in the Marine Navigation Improvement Fund. Any earnings and interest earned on amounts in the Channel Deepening Account shall be credited to the Channel Deepening Account. The moneys in the Channel Deepening Account are continuously appropriated to the Oregon Business Development Department for the Oregon Infr…

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

The Director of the Oregon Business Development Department shall enter into, or modify, a grant agreement with the primary sponsor committing the Oregon Business Development Department to request that the State Treasurer issue lottery bonds as provided in ORS 285B.551 (3) and section 6, chapter 942, Oregon Laws 2001, to obtain lottery bond proceeds for depos…

777.285 [Repealed by 1963 c.268 §21]

777.287 Agreements with federal agencies

The Oregon sponsors are each hereby authorized to enter into agreements with agencies of the United States for the channel deepening project and, notwithstanding any other provision of law, may each agree to be bound by any requirement imposed by an Act of the United States Congress as a condition of federal participation in the channel deepening project. N…

777.289 [1997 c.644 §6; 2001 c.942 §11; repealed by 2003 c.741 §17]

777.290 [Repealed by 1963 c.268 §21]

777.295 [Repealed by 1963 c.268 §21]

777.300 [1963 c.268 §2; repealed by 1971 c.727 §203]

777.303 [1963 c.268 §3; repealed by 1971 c.727 §203]

777.305 [Repealed by 1963 c.268 §21]

777.307 [1963 c.268 §4; repealed by 1971 c.727 §203]

777.310 [Repealed by 1963 c.268 §21]

777.313 [1963 c.268 §5; repealed by 1971 c.727 §203]

777.315 [Repealed by 1963 c.268 §21]

777.317 [1963 c.268 §6; repealed by 1971 c.727 §203]

777.320 [Repealed by 1963 c.268 §21]

777.323 [1963 c.268 §7; repealed by 1971 c.727 §203]

777.325 [Amended by 1959 c.602 §9; repealed by 1963 c.268 §21]

(Annexation)

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

This section applies when an annexation would increase the area of a port by one-half or more, or would increase the assessed value of taxable property within a port by one-half or more. An annexation proposal subject to this section, if approved by the county board, shall be submitted to the electors at an election which shall be held at the same time as a …

777.327 [1959 c.602 §11; repealed by 1963 c.268 §21]

777.328 [1963 c.268 §8; repealed by 1971 c.727 §203]

777.330 [Repealed by 1963 c.268 §21]

777.333 [1963 c.268 §9; repealed by 1971 c.727 §203 and by 1971 c.728 §138]

777.335 [Repealed by 1963 c.268 §21]

777.337 [1963 c.268 §10; repealed by 1971 c.727 §203]

777.340 [Repealed by 1963 c.268 §21]

777.343 [1963 c.268 §11; repealed by 1971 c.727 §203]

777.345 [Repealed by 1963 c.268 §21]

777.347 Consent of Department of State Lands for state lands

The Department of State Lands is authorized to consent to annexation with respect to any land owned by the State of Oregon, under the jurisdiction of the department, which is located in the territory proposed to be annexed.

777.350 [Repealed by 1963 c.268 §21]

777.353 Annexation of enclave

When territory not part of another port or wholly belonging to the state or federal government is surrounded by the boundaries of a port, the board of the surrounding port may, by resolution, annex the territory to the port with or without the consent of any resident or owner of property within the territory and without submitting the proposed annexation to …

777.355 [Repealed by 1963 c.268 §21]

777.357 [1963 c.268 §14; repealed by 1971 c.727 §203]

777.360 [1963 c.268 §15; repealed by 1971 c.647 §149 and by 1971 c.727 §203 and by 1971 c.728 §138]

777.365 Name change of port; notice

A board may, within 60 days following an order of annexation, change the name of the port by order made at any regular meeting. Notice of the proposed change, including the new name, shall be given by publication in a newspaper of general circulation in the port once a week for three successive weeks prior to the meeting.

777.370 [1963 c.268 §17; repealed by 1971 c.727 §203]

777.395 [1967 c.416 §3; 1971 c.728 §18; repealed by 1975 c.771 §33]

(Port Fiscal Matters)

777.405 Deposit and disbursement of moneys; financial records

Money of a port shall be deposited in one or more banks designated by the board. Funds shall be withdrawn only when previously ordered by the board, upon a check signed and countersigned by such persons as may be authorized by resolution of the board. A receipt or voucher showing clearly the nature and items covered by each check drawn shall be kept on file…

777.410 Ports may borrow money and issue bonds

For the purpose of carrying into effect any of the powers granted by ORS 777.105 to 777.258, a port may, when authorized so to do by the electors, borrow money and sell and dispose of bonds, which shall constitute a general obligation of the port and be secured by the port’s full faith and credit. The bonds shall be secured by the taxing power of the port as…

777.415 Resolution and election prerequisite to issuance of bonds

When it is proposed to borrow money or to sell and dispose of bonds as authorized by ORS 777.410 (1), a board shall first pass a resolution authorizing the borrowing of money and the issuance and sale of bonds. The resolution shall state the amount of money to be raised, the maximum rate of interest that the bonds will bear and the nature and terms of the bo…

777.420 [Repealed by 1957 c.375 §3]

777.425 [Repealed by 1957 c.375 §3]

777.430 Taxing powers of ports

In carrying out the purposes of ORS 777.005 to 777.725 and 777.915 to 777.953, a port may assess, levy and collect taxes upon all taxable real and personal property situated within the port, in an amount each year not to exceed one-fourth of one percent (0.0025) of the real market value of the property, computed in accordance with ORS 308.207. Each year a p…

777.435 Levy, assessment and collection of taxes

Taxes authorized by ORS 777.430 shall be levied in each year and returned to the county officer whose duty it is to extend the tax roll by the time required by law for city taxes to be levied and extended. The county officer whose duty it is to extend the county levy shall extend the levy of a port in the same manner as city taxes are extended. All taxes le…

777.437 Filing boundary change with county assessor and Department of Revenue

For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225.

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

If a port fails or refuses to levy the special tax provided by ORS 777.430 (2), within the time provided, in an amount sufficient to pay the interest accruing during the 12 months following October 1 next ensuing on bonds theretofore issued by the port and then outstanding, together with any portion of the principal of such bonds maturing within the 12 month…

777.445 Procedure subsequent to levy under ORS 777.440

Taxes levied under ORS 777.440 by the county board shall be assessed and collected as if the levy had been made by the port itself. However, taxes thus levied by the county board shall not be paid to the treasurer of the port by the county officers collecting the tax, but shall be paid to the county treasurer to the credit of the port issuing the bonds to b…

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

In addition to other powers granted a port, a port may, at any time, upon proper resolution adopted by the board, issue promissory notes to assist it in carrying out the powers granted the port under this chapter. The promissory notes shall not exceed a term of 10 years, shall be considered bonds for purposes of ORS chapter 287A and shall be issued as prescr…

777.450 [Repealed by 1971 c.728 §138]

777.455 Authority to issue refunding bonds for specified purposes; amounts

A port may, in accordance with ORS 777.455 to 777.505, issue refunding bonds for the purpose of refunding and retiring all or any part of its outstanding bonds when the holders are willing to surrender such bonds. When judgment is taken against a port based on bonds and interest coupons issued by the port, refunding bonds may be issued to provide funds with …

777.460 Refunding bonds; terms and conditions; bond call

The refunding bonds shall bear interest at a rate determined by the board, payable semiannually, and shall be in such denominations and mature at such times as determined by the board, but the bonds must all mature not later than 30 years after their date of issue. The board may provide that the bonds are subject to call and redemption prior to maturity, in…

777.465 Disposition of refunding bonds

The refunding bonds may be exchanged par value for par value for the bonds they are issued to refund and may be issued and delivered to a judgment creditor in the amount of the judgment, or the bonds may be advertised for sale and sold for not less than the par value thereof.

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

Upon issuance of any refunding bonds the port board shall levy a tax sufficient to pay the principal and interest of such bonds at maturity. If the bonds are serial bonds the tax shall provide an amount of money sufficient to pay the next maturing installment of principal and the interest on the entire issue. If the bonds are issued as term bonds the tax sha…

777.475 Remedies of holders of refunding bonds on default

If there is a default in payment of principal or interest of bonds issued pursuant to ORS 777.455, the holders thereof shall be reinvested with and have all the remedies they would have had if they were holding obligations refunded by the issuance of such bonds.

777.480 Construction of ORS 777.455 to 777.505

The authority contained in ORS 777.455 to 777.505 is supplemental and in addition to all other powers granted to port districts to issue bonds.

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

A board may enter into agreement with the holders of its outstanding indebtedness providing for compromise of the indebtedness and the refunding thereof by the issuance of bonds under ORS 777.455. An agreement may provide for the amount of refunding bonds to be issued, the interest rate the bonds are to bear, the dates of maturity of the bonds and the amount…

777.490 [Repealed by 1971 c.728 §138]

777.495 [Amended by 1965 c.223 §2; repealed by 1971 c.728 §138]

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

Refunding bonds shall be advertised for sale at least once each week for not less than two successive weeks in a newspaper of general circulation published within the port or, if there is no such newspaper, then in a newspaper published in the county in which the port is located. All bids for such bonds shall be in writing and be sealed and, unless the sale…

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

Refunding bonds, upon payment therefor in cash, may be delivered to the purchaser thereof at any time after sale date, but not later than the date as of which the refunded bonds have been called for payment. The bonds shall be delivered at the place in the State of Oregon designated by the board in the notice of sale of the bonds. Proceeds of sale of the bo…

777.510 Port warrants; execution; contents

A port board may issue warrants drawn upon any officer designated the custodian of money belonging to or credited to the port. Warrants shall be signed by the treasurer and countersigned by the president of the port or in the absence or inability of the president to act, by the vice president. Warrants shall show upon their face the nature and extent of the …

777.515 Payment of warrants; interest on warrants

The treasurer of a port, or the treasurer of the county who is the legal custodian of funds belonging to or credited to a port, shall pay the warrants of the port when presented, if the treasurer has money in custody for the purpose of paying the obligation for which the warrant was given. The treasurer shall write on the face of the warrant the date of rede…

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

A port may assess, levy and collect each year in addition to other taxes which it is by law authorized to levy, a special tax upon all taxable real and personal property situated within the port. Such annual levy shall not exceed one-tenth of one percent. The proceeds thereof shall be used only in the purchase on the open market of bonds of the port, at suc…

777.525 [Repealed by 1971 c.728 §138]

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

When a port constructs or acquires a local improvement which the port is authorized to construct or acquire, the board of that port may levy special assessments against property within the port in proportion to the benefits such property will receive on account of the construction or acquisition of the local improvement. However, before proceeding to constru…

777.535 Installment payment of special assessment; limitation

The provisions of ORS 223.205 to 223.316 (Bancroft Bonding Act) and ORS 223.770 relating to the assessment of property benefited by public improvements and to the issuance of bonds and other obligations for the cost of such improvements, shall apply insofar as practicable and applicable in relation to the assessment by ports of the cost or any portion of the…

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

For the purpose of carrying into effect any of the powers granted to ports, a port may issue and sell revenue bonds in accordance with ORS 777.560 to 777.590 without the necessity of obtaining the prior approval of the electors of the port. Proceeds from the sale of revenue bonds may be used by the port in its governmental capacity or loaned to private parti…

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

Revenue bonds issued under ORS 777.560 (1) shall be authorized by resolution or ordinance of the board. The resolution or ordinance shall provide for the creation of a special trust fund, authorize the appointment of a trustee to administer the fund, and obligate the port to set aside and pay into the special trust fund all, or a portion, of its nontax-deriv…

777.570 Form of bonds

Revenue bonds issued under ORS 777.560 (1): Shall be negotiable instruments. Shall be issued under ORS chapter 287A, but the requirements of ORS 287A.150 do not apply. Shall contain a recital that principal and interest on the revenue bonds are payable solely out of revenues and property of the port pledged to the payment thereof by the ordinance of the b…

777.575 Sale of bonds

The board may from time to time sell revenue bonds authorized pursuant to ORS 777.565, as provided by this section. Except as provided by subsections (3) and (4) of this section, the bonds shall be advertised for sale at least once each week for not less than two successive weeks in a newspaper of general circulation published within the port or, if there i…

777.580 [1955 c.423 §6; 1959 c.337 §5; 1965 c.223 §6; repealed by 1971 c.728 §138]

777.585 Refunding revenue bonds

A port may, without the necessity of authorization from the electors of the port, issue and sell its refunding revenue bonds for the purpose of redeeming revenue bonds which are outstanding or paying interest due thereon: At maturity pursuant to redemption provisions in the outstanding revenue bonds; or At any time before maturity if the holders of the out…

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

ORS 777.560 to 777.590 are complete authority for the issuance and sale of revenue bonds and refunding revenue bonds. Any restrictions, limitations, conditions or procedure provided by other statutes relating to issuance and sale of bonds or other obligations do not apply to the issuance and sale of revenue bonds and refunding revenue bonds under ORS 777.560…

777.605 Special elections

When a board desires to hold an election for the purpose of submitting to the electors of the port any measure that may lawfully be submitted to the electors, at any meeting called in accordance with its rules or the statutes governing the board, the board may adopt a resolution calling a special election. In the resolution the board may describe in general …

777.610 [Repealed by 1971 c.647 §149]

777.615 [Repealed by 1971 c.647 §149]

777.620 [Repealed by 1971 c.647 §149]

777.625 [Repealed by 1971 c.647 §149]

777.630 [1987 c.607 §10; renumbered 285.825 in 1991]

777.635 [1987 c.607 §11; 1989 c.908 §64; renumbered 285.827 in 1991]

777.640 [1987 c.607 §12; renumbered 285.830 in 1991]

777.645 [1987 c.607 §13; renumbered 285.833 in 1991]

777.650 [1987 c.607 §14; renumbered 285.835 in 1991]

777.655 [1987 c.607 §15; renumbered 285.837 in 1991]

777.660 [1987 c.607 §16; renumbered 285.840 in 1991]

777.665 [1987 c.607 §21; renumbered 285.843 in 1991]

(Establishment of Water Transportation Lines)

777.705 Definitions for ORS 777.705 to 777.725

As used in ORS 777.705 to 777.725, “bonus” or “bonuses” includes payment of funds for: Chartering vessels; Guaranteeing to vessels, transportation lines, companies or persons, cargo and tonnage, and guaranteeing to vessels, transportation lines, companies or persons against loss on account of delay in the Columbia River or Willamette River or at the Columb…

777.710 Payment of bonus explained

The payment of a bonus authorized by ORS 777.715 and 777.720 includes the payment of sums necessary to make good the guarantee described by ORS 777.705.

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

By the payment of bonuses to a person engaged or preparing to engage in the operation of water transportation lines, a port may: Aid in establishing water transportation lines between the port and any other domestic or foreign port or ports; and Aid in establishing water transportation lines on the interior rivers of this state, on the rivers between Washi…

777.720 Discretion of board in making payment; contracts

A board may expend the money raised as authorized by ORS 777.725 in the form of a bonus or bonuses payable to the persons described by ORS 777.715. The money shall be expended in the manner and at such times as the board determines will result in the greatest benefit and advantage to the port and will best aid the establishment and continued operation of the…

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

For the purpose of ORS 777.705 to 777.725 and 777.915 to 777.953, a port may borrow money and sell and dispose of bonds. The bonds shall not, singly or in the aggregate, with previous debts and liabilities incurred and outstanding for such purposes, exceed one-fourth of one percent (0.0025) of the real market value of all taxable property within the port. Th…

777.727 [1985 c.775 §1; renumbered 285.850 in 1991]

777.729 [1985 c.775 §2; renumbered 285.853 in 1991]

777.732 [1985 c.775 §§3,6; 1987 c.607 §18; renumbered 285.857 in 1991]

777.735 [Repealed by 1971 c.647 §149 and by 1971 c.728 §138]

777.736 [1985 c.775 §5; renumbered 285.860 in 1991]

777.738 [1985 c.775 §7; renumbered 285.863 in 1991]

777.740 [Amended by 1971 c.647 §143; repealed by 1971 c.728 §138]

777.745 [Repealed by 1971 c.728 §138]

777.750 [Repealed by 1971 c.728 §138]

EXPORT TRADING CORPORATIONS

777.755 Legislative findings and policy

The Legislative Assembly hereby finds that: The geographical location of this state, its maritime resources, its skilled labor force and the availability of land for industrial and commercial development provide an opportunity for the citizens of this state to expand participation in and increase the benefits from international trade and commerce. The deve…

777.760 Definitions for ORS 777.755 to 777.800

As used in ORS 777.755 to 777.800, unless the context requires otherwise: “Board” means the board of directors of an export trading corporation. “Commissioner” means a member of the board of commissioners of a port. “Commissioners of the port” means the board of commissioners of the port which formed the export trading corporation. “Export trading corpor…

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

Any port may form an export trading corporation. Proceedings to form an export trading corporation shall be initiated by a resolution adopted by the commissioners of the port proposing the formation of an export trading corporation and fixing a time and place for a public hearing on the resolution. The hearing shall be held not less than 30 days after adopti…

777.765 Powers of export trading corporation

An export trading corporation shall constitute a municipal corporation of this state and a public body, corporate and politic, exercising public power. No part of the net earnings of an export trading corporation shall accrue to the benefit of a private person. An export trading corporation may: Develop, manage and operate export trading projects. Conduct …

777.767 Authorized agreements

An export trading corporation may enter into agreements which provide for the establishment of prices or rates, or which require a party to the agreement to sell, lease or purchase a commodity or service solely to or from the export trading corporation or to the persons designated in the agreement, when such agreements are entered into pursuant to export tra…

777.770 Additional fiscal powers of export trading corporation

For the purpose of carrying into effect all or any of its powers, an export trading corporation may: Borrow money, evidence such borrowing with its promissory notes or other obligations of indebtedness, and pledge in whole or in part any of its assets or revenues not subject to prior liens or pledges. Issue and sell revenue bonds in the manner and upon the…

777.773 Status of obligations of export trading corporation; prohibited investments

An obligation of an export trading corporation, whether arising from the sale of revenue bonds or otherwise, shall not in any manner be a general obligation of the port, nor a charge upon any revenues or property of the port. An export trading corporation shall not acquire stock or other equity interest in any private corporation organized for profit.

777.775 Status of export trading corporation; application of certain laws

An export trading corporation is not a contracting agency for the purposes of ORS 279A.055, 279A.065, 279A.070, 279A.075, 279A.100, 279A.105, 279A.120, 279C.005, 279C.100 to 279C.125, 279C.300 to 279C.470 and 279C.570 and ORS chapter 279B, except ORS 279B.025, 279B.235, 279B.240, 279B.270, 279B.275 and 279B.280. An export trading corporation is not a public…

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

The board of directors of the export trading corporation shall consist of three members. Only commissioners of the port shall be eligible to serve as members of the board of directors. The board of directors shall be elected by majority vote of the commissioners of the port. The initial board of directors shall consist of one director elected for a one-year…

777.783 Board meetings; rules; quorum

The board may hold regular meetings at the time and place fixed by the rules of the board. A majority of the members of the board constitutes a quorum for the transaction of business. Special meetings may be held when called by the president of the board or by a majority of the members of the board in the manner prescribed by the rules of the board.

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

Except as provided in subsection (2) of this section, all meetings of the board shall be open to the public and all persons shall be permitted to attend any meeting. In addition to matters which may be considered in executive session under ORS 192.660, the board may also meet in executive session to: Consider preliminary negotiations for an export trading …

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

The board may appoint a chief executive officer who shall be responsible for the administration of the business affairs of an export trading corporation. The chief executive officer shall perform such duties as the board may prescribe. The chief executive officer shall hold office for an indefinite term and may be removed from office only by the affirmative…

777.790 Employees of export trading corporation

An export trading corporation may employ such persons within or outside the boundaries of this state as necessary or convenient to accomplish its purposes. In addition, an export trading corporation may appoint such agents, brokers or representatives, within or outside the boundaries of this state, as necessary or convenient to accomplish its purposes. The …

777.793 Disclosure of commercial or financial information prohibited; exception

Except as provided in subsection (2) of this section, no officer, agent or employee of an export trading corporation shall disclose commercial or financial information concerning an export trading project. Commercial or financial information may be disclosed: In a judicial proceeding when disclosure is ordered by a court of competent jurisdiction; With th…

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

Except as provided in subsection (2) of this section, the written records of an export trading corporation shall be public records available for inspection under ORS 192.311 to 192.478. In addition to the exemptions set forth in ORS 192.338, 192.345 and 192.355, the following public records of an export trading corporation are exempt from disclosure: Infor…

777.800 Annual report

An export trading corporation shall report annually to the port on the operations of the export trading corporation. A copy of the report shall be filed by the export trading corporation with the Secretary of State.

777.805 [1969 c.599 §39; 1973 c.249 §78; 1975 c.371 §1; 1985 c.565 §120; 1989 c.908 §65; renumbered 285.805 in 1991]

777.810 [1969 c.599 §40; 1973 c.249 §79; 1975 c.371 §3; 1985 c.565 §121; renumbered 285.807 in 1991]

777.815 [1969 c.599 §42; 1969 c.599 §42a; repealed by 1973 c.249 §91]

777.817 [1987 c.607 §17; 1991 c.651 §22; renumbered 285.810 in 1991]

777.820 [1969 c.599 §43; repealed by 1973 c.249 §91]

777.825 [1969 c.599 §44; repealed by 1973 c.249 §91]

777.830 [1969 c.599 §45; 1973 c.249 §80; renumbered 285.813 in 1991]

777.835 [1969 c.599 §46; 1973 c.249 §81; 1975 c.371 §4; renumbered 285.815 in 1991]

777.840 [1969 c.599 §47; renumbered 285.817 in 1991]

777.845 [1969 c.599 §48; 1973 c.249 §82; renumbered 285.820 in 1991]

777.850 [1977 c.838 §3; 1985 c.565 §122; 1985 c.773 §3; 1989 c.908 §66; 1991 c.483 §1; renumbered 285.870 in 1991]

777.852 [1977 c.838 §4; 1989 c.908 §67; renumbered 285.873 in 1991]

777.854 [1977 c.838 §5; 1989 c.908 §68; renumbered 285.875 in 1991]

777.856 [1977 c.838 §6; renumbered 285.880 in 1991]

777.858 [1977 c.838 §7; 1979 c.182 §11; 1979 c.800 §1; 1989 c.645 §1; 1989 c.908 §69; renumbered 285.883 in 1991]

777.860 [1977 c.838 §8; 1979 c.800 §2; 1985 c.773 §1; 1989 c.645 §2; 1989 c.908 §70; 1991 c.483 §2; renumbered 285.885 in 1991]

777.862 [1977 c.838 §9; 1989 c.908 §71; renumbered 285.887 in 1991]

777.864 [1977 c.838 §10; 1989 c.908 §72; renumbered 285.890 in 1991]

777.866 [1977 c.838 §11; 1989 c.908 §73; renumbered 285.893 in 1991]

777.868 [1977 c.838 §12; 1989 c.908 §74; renumbered 285.895 in 1991]

777.870 [1977 c.838 §14; 1989 c.908 §75; renumbered 285.897 in 1991]

777.872 [1977 c.838 §15; 1989 c.908 §76; renumbered 285.900 in 1991]

777.874 [1977 c.838 §21; 1989 c.908 §77; renumbered 285.903 in 1991]

777.876 [1977 c.838 §27; 1989 c.908 §78; renumbered 285.905 in 1991]

777.878 [1977 c.838 §16; renumbered 285.907 in 1991]

777.880 [1977 c.838 §17; 1979 c.800 §3; 1989 c.908 §79; renumbered 285.910 in 1991]

777.882 [1977 c.838 §18; 1989 c.645 §3; 1989 c.908 §80; renumbered 285.913 in 1991]

777.884 [1977 c.838 §§20,24; 1979 c.416 §6; 1985 c.773 §5; 1989 c.908 §81; renumbered 285.915 in 1991]

777.886 [1977 c.838 §22; 1981 c.653 §6; 1989 c.908 §82; renumbered 285.917 in 1991]

777.888 [1977 c.838 §23; renumbered 285.920 in 1991]

777.890 [1977 c.838 §1; renumbered 777.910]

777.892 [1981 c.532 §2; 1989 c.908 §83; renumbered 285.923 in 1991]

777.894 [1981 c.532 §3; 1989 c.908 §84; renumbered 285.925 in 1991]

777.896 [1981 c.532 §4; renumbered 285.927 in 1991]

777.898 [1981 c.532 §5; renumbered 285.930 in 1991]

777.900 [1981 c.532 §6; renumbered 285.933 in 1991]

777.902 [1981 c.532 §7; renumbered 285.935 in 1991]

777.904 [1981 c.532 §8; renumbered 285.940 in 1991]

777.910 [Formerly 777.890; renumbered 285.943 in 1991]

OREGON INTERNATIONAL PORT OF COOS BAY

777.915 Definitions for ORS 777.915 to 777.953

As used in ORS 777.915 to 777.953, unless the context requires otherwise: “Board” means the board of commissioners of the Oregon International Port of Coos Bay. “Coos Bay rail link” means a railroad right-of-way, including spur lines, appurtenances, facilities and related property within the railroad right-of-way, that connects the station of Danebo in Lan…

777.917 Oregon International Port of Coos Bay; applicability of statutes

The Port of Coos Bay is hereby renamed the Oregon International Port of Coos Bay. Notwithstanding ORS 777.135 to 777.165, 777.410 and 777.415, ORS 777.915 to 777.953 apply to the Oregon International Port of Coos Bay.

777.920 Board of port commissioners; powers

The power and authority given to the Oregon International Port of Coos Bay is vested in and shall be exercised by a board of five commissioners. The board may exercise such powers, at regular or special meetings, as is usual and customary with similar bodies. The port may own, operate, repair and maintain the Coos Bay rail link.

777.923 Qualifications of port commissioners

The board shall be composed of electors registered in the port. A person is eligible for appointment as a commissioner of the port who at the time of the appointment is a citizen of the United States and of the State of Oregon, and who has for one year immediately preceding appointment resided within the port.

777.925 Appointment of port commissioners; term; vacancies

Upon the expiration of the term of a commissioner, a successor shall be appointed by the Governor, subject to confirmation as provided by ORS 171.562 and 171.565. Except as provided in ORS 777.927 and 777.930, appointees, when confirmed, shall hold office for a term of four years and until their respective successors have been appointed, confirmed and qualif…

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

If the Governor is at any time satisfied that a commissioner has been guilty of malfeasance in office, the Governor may file with the Secretary of State a written statement of the acts of the commissioner constituting the malfeasance. Thereupon the Secretary of State shall transmit a copy of the statement to the commissioner named and another copy to the cle…

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

If a commissioner appointed under ORS 777.925 fails, without being excused by the remaining members of the board, to attend for a period of 60 days any of the regular or special meetings of the board regularly and duly called and held, that commissioner may be removed from office by the Governor. The board may grant a leave of absence not exceeding three mo…

777.933 Board meetings; rules; executive committee

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. The board may create an executive committee of which every commissioner shall be a…

777.935 Board officers

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. The president of the board shall designate from the other members of the board a vice president, treasurer …

777.937 Board to report to Legislative Assembly

The board shall report to the Legislative Assembly of this state, biennially, everything done or performed by the board under this chapter.

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

For the purpose of carrying into effect any of the powers granted to the port, the port has the power to borrow money and to sell and dispose of bonds which shall constitute a general obligation of the port and be secured by the port’s full faith and credit. Such bonds outstanding at one time shall never exceed in the aggregate one and three-fourths percent …

777.943 Issuance of bonds

Bonds authorized by ORS 777.940 shall be issued as prescribed in ORS chapter 287A.

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

Bonds shall not be issued by the port to provide funds for the establishment or operation of surface ship and air lines or for the payment of bonuses to either such line or lines without the approval of the electors of the port expressed at an election called and held within the port at which such question is submitted.

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

The total amount of general obligation bonds issued in any calendar year by the port without the approval of the electors of the port shall not exceed $500,000. The aggregate outstanding principal amount of general obligation bonds issued by the port without the approval of the electors of the port shall not at any time exceed $1.5 million. Nothing in this…

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

Notwithstanding any other provision of law, proceeds from the sale of bonds issued by the port without the approval of the electors of the port under ORS 777.947, except for refunding bonds, shall be used only for construction, maintenance and repair of facilities and works necessary for industrial development within the port, construction, maintenance and r…

777.953 Annexation; authority; procedure; effect

The board, on its own motion, may initiate a proposal for annexation to the Oregon International Port of Coos Bay of territory that is not within the boundaries of another port organized under this chapter. Annexed territory may be either wholly or partially within or outside the same county in which the Oregon International Port of Coos Bay is located. Howe…

777.990 Penalties

Failure by a port treasurer, or county treasurer charged with the duties provided by ORS 777.515, to comply with the requirements of that section for a period of 10 days is a Class A violation. Subject to ORS 153.022, any person violating a regulation adopted by a port board under ORS 777.120 or 777.190 commits a Class A misdemeanor. _______________