Chapter 382 — Intrastate
Bridges
2011 EDITION
INTRASTATE BRIDGES
HIGHWAYS, ROADS, BRIDGES AND FERRIES
COUNTY BRIDGES
(Generally)
382.005 “County
court” defined
382.205 Using
county funds for bridges
(Multnomah County Bridges)
382.305 Operation
of bridges across Willamette River by Multnomah County
382.310 Powers
of Multnomah County as to Willamette River bridges
382.315 Agreements
with public service corporations for use of Willamette River bridges
382.325 Powers
of Portland as to Willamette River bridges
382.330 Operation
of Adams Street-Glisan Street bridge in Portland
382.335 Definitions
for ORS 382.335 to 382.425
382.340 Bridges
over Willamette River and Slough as permanent roads
382.345 Multnomah
County constructing and financing Willamette River bridges
382.350 Petition
and order for bond election; debt limitation
382.355 Filing
and presentation of petition; order of board of county commissioners
382.360 Appeals
from orders of board of county commissioners
382.365 Majority
vote to authorize bond issue
382.370 Form
of petitions, notices and ballots
382.375 Election;
laws applicable
382.380 Order
declaring bond election result
382.385 County
commissioners submitting bond issue on own motion
382.390 Arrangement
by county commissioners for bond issuance and sale
382.395 Terms
and conditions of bonds
382.400 Registering
bonds
382.405 Bond
advertisement and sale
382.410 Custody
and disbursement of bond proceeds
382.415 Paying
bond principal and interest with tax or motor license fund
382.420 Title
and control of bridge
382.425 County
clerk as clerk of county commissioners; records of proceedings
CITY BRIDGES
382.505 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[Repealed by 2007 c.531 §19]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[Repealed by 2007 c.531 §19]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[Repealed by 2007 c.531 §19]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[Repealed by 2007 c.531 §19]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[Amended by 1963 c.602 §1; 1981 c.153 §75; repealed by 2007 c.531 §19]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
Willamette River by Multnomah County. (1) The Board
of County Commissioners of Multnomah County shall operate and maintain all
bridges, as defined in subsection (2) of this section, together with the
approaches thereof, erected, owned by or leased to the City of Portland or Multnomah
County, across the Willamette River within the boundaries of Portland, and the
City of Portland shall surrender and deliver possession and control of such
bridges, except as provided in ORS 382.310 to 382.330, to the board of county
commissioners.
(2)
As used in ORS 382.305 to 382.330, “bridge” means the bridges and parts
thereof.
382.310 Powers of Multnomah County as to
Willamette River bridges. (1) The Board of County
Commissioners of Multnomah County shall:
(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 County Commissioners of Multnomah County shall, at the cost and
expense of the county:
(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 Portland of such police power and authority as the city has under its
charter with respect to the bridges owned by the city.
(3)
The Board of County Commissioners of Multnomah County may enter into agreements
or leases for the use by the public, for highway purposes and for the operation
of street cars, of the upper highway deck of the bridges constructed across the
Willamette River in Portland, by persons or corporations other than the City of
Portland.
(4)
The Board of County Commissioners of Multnomah County may establish and collect
tolls for the use of any bridge across the Willamette River that is:
(a)
Under the board’s jurisdiction as a road authority pursuant to ORS 810.010; or
(b)
Operated and maintained by Multnomah County as required under this section and
ORS 382.305. [Amended by 2005 c.22 §263; 2009 c.385 §1]
382.312 [1975
c.436 §4; repealed by 1993 c.741 §147]
382.315 Agreements with public service corporations
for use of Willamette River bridges. If the Board
of County Commissioners of Multnomah County makes an agreement or lease for the
use of the upper deck of any bridge constructed across the Willamette River
within Portland and if any public service corporation operating a street car
line within Portland desires to maintain and operate its street cars over the
upper deck of the bridge so leased, the board of county commissioners may agree
with the public service corporation upon the terms and compensation for such
use. If they are unable to agree, the amount of compensation to be paid by the
public service corporation shall be the same as may at such time be fixed or
charged by the City of Portland for the use of other bridges across the
Willamette River by public service corporations.
382.320
[Repealed by 1969 c.429 §6]
382.325 Powers of Portland as to
Willamette River bridges. The City of Portland, Oregon,
may:
(1)
Regulate traffic upon and across the bridges and their approaches constructed by
the City of Portland.
(2)
Lay and maintain upon the bridges and their respective approaches constructed
by the City of Portland all rails and tracks necessary, desirable or convenient
for the operation of street cars.
(3)
Provide for the use of the bridges and their approaches constructed by the City
of Portland and rails and tracks by street cars propelled by electrical and
other motive power, and the carrying of passengers on street cars.
(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 under the
City of Portland’s jurisdiction as a road authority pursuant to ORS 810.010,
and rails and tracks by cars, street cars and trains, the carrying of passengers
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 the use of bridges under the City of Portland’s jurisdiction as a road authority
pursuant to ORS 810.010 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 Multnomah County. [Amended
by 2009 c.385 §2]
382.330 Operation of Adams Street-Glisan Street
bridge in Portland. (1) The Board of County
Commissioners of Multnomah County shall operate, maintain and repair the bridge
existing on February 25, 1913, across the Willamette River from Adams Street on
the east side of the river to Glisan Street on the west side of the river, in
Portland, subject to the terms and provisions of the lease executed by the
Oregon-Washington Railroad and Navigation Company, party of the first part, and
the City of Portland, party of the second part, dated October 9, 1912, and
filed with the city auditor on October 19, 1912.
(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
Multnomah County and includes the constituted authorities of Multnomah County
having control of road construction, maintenance and operation.
(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 Willamette River and
Slough as permanent roads. Bridges over the Willamette
River in Portland, Oregon, and the Willamette Slough within Multnomah County
are permanent roads and include approaches and viaducts leading thereto.
382.345 Multnomah County constructing and
financing Willamette River bridges. Multnomah
County may borrow money for the purpose of constructing and reconstructing
bridges across the Willamette River in Portland, Oregon, and Willamette Slough
within Multnomah County and issue bonds to evidence such indebtedness.
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 treasurer’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
United States.
(c)
Be paid by the county treasurer upon presentation at the treasurer’s office or
at the fiscal agency of the state in New York City, upon the date of payment
named thereon.
(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 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 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 New York City for the payment of the interest
coupons upon presentation, as provided in ORS 382.395.
(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 Multnomah County,
control to be exercised on behalf of the county by the board of county
commissioners.
382.425 County clerk as clerk of county
commissioners; records of proceedings. In all
proceedings relative to the bonds or to bridge construction, the County Clerk
of Multnomah County shall be the clerk of the board of county commissioners.
The records of all proceedings shall be recorded in the books of the county
clerk.
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]
_______________