Chapter 778 — Port
of Portland
2011 EDITION
PORT OF PORTLAND
SHIPPING AND NAVIGATION
FUNCTIONS AND POWERS
778.005 Definitions
778.008 Port
of Portland granted powers of ports formed under ORS chapter 777; exceptions;
additional powers
778.010 District
known as Port of Portland; boundaries; capacity to sue
778.015 Purposes
and general powers of port
778.020 Acquisition
of City of Portland property by port; assumption of bonds; election
778.025 Power
to engage in certain commercial activities
778.030 Power
to issue general obligation bonds; limitation; dedication of revenues; use of
proceeds
778.036 Issuance
of bonds
778.040 General
obligation bond issues to be approved by electors
778.045 Amount
of general obligation bonds issued in one year limited
778.060 Expenditure
of bond sale funds for operating expenses limited
778.065 Port
taxing power; annual limitation
778.068 Filing
boundary change with county assessor and Department of Revenue
778.070 Tax
levy
778.073 Recreational
facilities; development; operation; maintenance
778.085 Control
over port waters and wharf lines; adoption and enforcement of navigational
rules; authority to establish penalties; limitation
778.090 Rights
of riparian owners and owners of moorage facilities
778.095 Eminent
domain power
778.100 Reclamation
of lands within port limits; assessments; lien; hearing; appeal
778.105 Port
required to contract for work and materials; dry docks; bids
778.110 Personnel;
membership in retirement systems
778.115 Improvement
contracts with federal government
778.120 Operation
of chapter upon rights of other entities within port limits
778.125 Port
assistance to other governmental units within port boundaries
REVENUE BONDS
778.145 Issuance
of revenue bonds; election; use of proceeds; status of bonds
778.150 Ordinance
authorizing revenue bonds; content; special trust funds; trustees; enforcement
778.155 Form
and content of bonds
778.160 Borrowing
in anticipation of bond sale; bond anticipation notes; content; sale
778.165 Sale
of revenue bonds
778.170 Bonds
as obligations of political subdivision
778.175 Effect
of ORS 778.145 to 778.175
BOARD OF COMMISSIONERS OF THE PORT OF
PORTLAND
778.205 Board
of commissioners; general powers
778.210 Qualifications
of members
778.215 Appointment;
confirmation; vacancies
778.220 Removal
778.225 Meetings;
rules; quorum; executive committee
778.230 Board
officers
778.235 Causes
of vacancies; leaves of absence
778.255 Enactment
of port ordinances; effective date; passage; effect of referendum
778.260 Ordinances
for regulating use of port properties; port peace officers; jurisdiction
778.270 Initiative
and referendum procedures
PENALTIES
778.990 Penalties
FUNCTIONS AND POWERS
778.005 Definitions.
As used in this chapter, unless the context requires otherwise:
(1)
“Board” means the board of commissioners of the Port of Portland.
(2)
“Port” means The Port of Portland.
(3)
“Elector” means an elector residing in the port.
(4)
“Portland metropolitan area” means the Oregon portion of a metropolitan
statistical area as designated by the United States Office of Management and
Budget with an Oregon population of more than 750,000. [Amended by 1971 c.728 §103;
1973 c.178 §1; 2009 c.11 §98]
778.008 Port of Portland granted powers of
ports formed under ORS chapter 777; exceptions; additional powers.
(1) ORS 777.005 to 777.050, 777.110, 777.120, 777.132 to 777.165, 777.210,
777.220 and 777.405 to 777.435 do not apply to the Port of Portland.
(2)
Subject to subsection (1) of this section, the Port of Portland has all powers
possessed by ports formed under ORS 285A.666 to 285A.732, 777.005 to 777.725,
777.915 to 777.953 and 777.990.
(3)
ORS 777.530 and 777.535 apply to the Port of Portland and the Port of Portland
has all powers granted to other ports under ORS 777.530 and 777.535.
(4)
The Port of Portland shall do such things, perform such duties and exercise
such powers as it may be authorized or empowered to do, perform or exercise by
any Act of the legislature passed for that purpose, though not directly in
amendment of this chapter. The powers granted by this chapter are in addition
to other powers granted by law to the port.
(5)
In addition to such other duties, functions and powers as may be imposed upon
the Port of Portland, the port may make recommendations to the Oregon Board of
Maritime Pilots. [1971 c.728 §116; 1987 c.775 §7; subsection (3) enacted as
1989 c.644 §5]
778.010 District known as Port of
Portland; boundaries; capacity to sue. The Portland
metropolitan area is a separate district, to be known as the Port of Portland,
and as such shall have perpetual succession, and by that name shall exercise
and carry out all the powers and objects conferred on it by law. The port may
sue and be sued, plead and be impleaded in all actions,
suits or proceedings brought by or against it; provided, however, that the
bonded or other indebtedness of the port that was chargeable to or a lien upon
the property within the limits of the port:
(1)
Prior to June 30, 1963, shall not be chargeable to or a lien upon all of that
property which lies east of the east boundary line of range two east of the
Willamette Meridian in Multnomah County; or
(2)
Prior to June 30, 1973, shall not be chargeable to or a lien upon all that
property lying within the boundaries of Clackamas and Washington Counties. [Amended
by 1963 c.124 §1; 1973 c.178 §2; 2003 c.802 §152]
778.015 Purposes and general powers of
port. The object, purpose and occupation of
the Port of Portland shall be to promote the maritime, shipping, aviation,
commercial and industrial interests of the port as by law specifically
authorized. The port may acquire, hold, use, dispose of and convey real and
personal property, make any and all contracts the making of which is not by
this chapter expressly prohibited. It may do any other acts and things which
are requisite, necessary or convenient in accomplishing the purpose described
or in carrying out the powers granted to it by law. The port may supply surface
and air craft with fuel and other supplies at reasonable cost as may be for the
best interests of the port. [Amended by 1959 c.362 §1; 1971 c.728 §104]
778.020 Acquisition of City of Portland
property by port; assumption of bonds; election.
(1) The Port of Portland may purchase or otherwise acquire all or any of the
docks, wharves, elevators, terminals, dry docks and other properties of the
City of Portland that are under the charge and control of the dock commission
of the city.
(2)
If the port purchases or otherwise acquires property as provided by subsection
(1) of this section, the port may in payment therefor
assume the payment of all or any part of the bonds, debentures and other
obligations of the City of Portland issued, sold or incurred for the purpose of
acquiring funds to construct, purchase or otherwise acquire the docks, wharves,
elevators, terminals, dry docks or other properties. The aggregate amount of
bonds, debentures and obligations so assumed shall not exceed a sum determined
by the board to be the fair value of the property so acquired by the port. The
limitation provided by ORS 778.030 shall not apply to bonds, debentures or
other obligations assumed under this section.
(3)
The authority granted by this section shall not be exercised without the prior
approval of the electors residing within the port expressed at an election
called and held within the port at which such question is submitted. [Amended
by 1971 c.728 §105]
778.025 Power to engage in certain
commercial activities. For the use of the Port of
Portland or for public convenience and the convenience of air transport,
shipping, commercial and industrial development of the port and the waterfront
of its harbors, rivers and waterways, the port may:
(1)
Acquire by purchase, condemnation or other lawful method lands necessary for
its use or to be improved for public convenience and the convenience of the air
transport, shipping, commercial and industrial development of the port as well
as all or any part of the waterfront of its harbors, rivers and waterways.
(2)
Acquire by purchase, condemnation or other lawful method lands necessary or
convenient for the purpose of depositing or dumping thereon earth, sand,
gravel, rock or other material dredged or excavated, in the exercise of any of
its powers, from any of the rivers or other waterways or lands within the
boundaries or under the control of the port.
(3)
Enlarge its tidal area, fill and reclaim lands, and make such disposition by
use, conveyance, development or lease of lands so filled or reclaimed as it
considers advisable.
(4)
Construct, excavate and dredge canals and channels connecting its waterways
with one another, with other waterways and with the sea.
(5)
Purchase or otherwise acquire, construct, operate, maintain, lease, rent and
dispose of airports, and their approaches, wharves, piers, docks, slips,
warehouses, elevators, dry docks, terminals, buildings, and all other
facilities and aids incident to the development, protection and operation of
the port and of the air transport, shipping, commercial and industrial
interests of the port, within the port, and collect wharfage,
storage and other charges for the use of such facilities.
(6)
Own, acquire, construct, purchase, lease, operate and maintain within the port
lines of railroad, with sidetracks, turnouts, switches and connections with
other lines of railroad, and streets, roads, water mains, sewers, pipelines,
and also gas and electric conduits and lines which a utility is unwilling or
unable to furnish, within or to or from the boundaries of the port; and carry
and transport freight and passengers thereon and thereover
for hire, and perform lighterage for hire.
(7)
Acquire, own, lease, rent, operate, maintain and dispose of towboats, barges
and other vessels for the transportation of cargo or passengers in maritime
commerce on the Columbia and Snake Rivers and their tributaries, within or
without the boundaries of this state.
(8)
Acquire, own, lease, rent, operate, maintain and dispose of unit trains and
related facilities for the transportation of bulk commodities to facilities
within the port from locations within or without the port. [Amended by 1959
c.362 §2; 1967 c.548 §1; 1971 c.728 §106; 1973 c.178 §6; 1981 c.879 §4]
778.030 Power to issue general obligation
bonds; limitation; dedication of revenues; use of proceeds.
(1) For the purpose of carrying into effect any of the powers granted to the
Port of Portland, 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 of the real
market value of all taxable property within the limits of the port, computed in
accordance with ORS 308.207. In computing the total of bonds at any time
outstanding, bonds issued for the purpose of providing funds to meet
obligations assumed pursuant to ORS 778.020, shall not be included. The bonds
shall be secured by the taxing power of the port as provided in ORS 778.065
(1). In addition, the port may provide that the bonds shall be payable from and
secured by a lien and pledge of all or any part of the revenues derived by the
port from the facilities constructed from the proceeds of the bonds.
(2)
The port may provide for the creation of special trust funds and may authorize
the appointment of a trustee to administer the same and may obligate itself to
set aside and pay into a special trust fund any revenues pledged to the payment
of the bonds. The port may establish and provide from available funds for the
funding of debt service, operation and maintenance reserves.
(3)
Proceeds from the sale of the bonds may also be used to pay the costs incurred
in issuing the bonds, preliminary work incident to carrying out such powers,
including but not limited to planning, engineering, inspection, accounting,
fiscal, legal and trustee expenses and other similar expenses, and to pay
interest on the bonds for such period as the port may determine, but not to
exceed six months beyond completion of the facilities financed with the bonds,
and to establish reserves for debt service on the bonds. [Amended by 1963 c.9 §39;
1971 c.702 §1; 1971 c.728 §107a; 1977 c.33 §1; 1991 c.459 §443]
778.035
[Amended by 1971 c.728 §108; repealed by 1977 c.33 §2 (778.036 enacted in lieu
of 778.035)]
778.036 Issuance of bonds.
Bonds authorized by ORS 778.030 shall be issued as prescribed in ORS chapter
287A. [1977 c.33 §3 (enacted in lieu of 778.035); 1981 c.94 §57; 1997 c.171 §26;
2007 c.783 §229]
778.040 General obligation bond issues to
be approved by electors. (1) General obligation bonds
shall not be issued by the Port of Portland 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.
(2)
Whenever the port issues general obligation bonds for purposes other than
refunding general obligation bonds previously issued and for purposes other
than providing funds to meet the obligations of the City of Portland assumed
pursuant to ORS 778.020 in an aggregate amount equal to five percent of the
present real market value of all the taxable property within the territorial
limits of the port, no additional general obligation bonds shall be issued for
purposes other than refunding general obligation bonds theretofore issued
without the approval of the electors of the port expressed at an election
within the port at which such question is submitted. [Amended by 1971 c.399 §1;
1997 c.461 §2]
778.045 Amount of general obligation bonds
issued in one year limited. The total amount of general
obligation bonds issued by the Port of Portland in any calendar year, except
for refunding bonds or bonds issued to provide funds to meet obligations
assumed pursuant to ORS 778.020, shall not exceed $3 million unless a greater
amount is approved by the electors of the port at an election at which such
question is submitted. [Amended by 1971 c.728 §110; 1973 c.178 §7; 1997 c.461 §3]
778.050
[Amended by 1971 c.728 §111; repealed by 1977 c.33 §4]
778.055
[Amended by 1971 c.728 §112; repealed by 1977 c.33 §4]
778.060 Expenditure of bond sale funds for
operating expenses limited. The board shall not expend,
within any one calendar year, from the funds derived from the sale of bonds, in
excess of $500,000 to meet the operating expenses of the Port of Portland. As
used in this section “operating expenses” means the maintenance of plant,
structures and equipment and such dredging as may be required to preserve or
restore at or to its artificial depth a channel previously excavated by the
port. [Amended by 1971 c.728 §113]
778.065 Port taxing power; annual
limitation. The Port of Portland may each year
assess, levy and collect taxes upon all taxable real and personal property
situated within its boundaries as required:
(1)
To pay principal and interest on bonds issued under ORS 778.030;
(2)
To pay bonds, debentures and other obligations of the City of Portland assumed
under ORS 778.020; and
(3)
To pay all other expenses that may be incurred in the exercise of the powers
granted to the port. [Amended by 1963 c.9 §40; 1971 c.701 §1; 1971 c.728 §143]
778.068 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.
[2001 c.138 §54]
778.070 Tax levy.
(1) Taxes authorized by ORS 778.065 shall be levied in each year and returned
to the county officers 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 the Port of
Portland in the same manner city taxes are extended.
(2)
All taxes levied by the port are payable at the same time and shall be
collected by the same officers as regular county taxes. The county officers
collecting the taxes shall pay them to the treasurer of the port as provided by
law. [Amended by 1971 c.728 §115]
778.073 Recreational facilities;
development; operation; maintenance. (1) The Port
of Portland may construct, operate, equip and maintain public parks, marinas
and other recreational facilities on land owned by the port when such
facilities may be developed in conjunction with the exercise by the port of any
of its other powers.
(2)
The port may convey the land and recreational facilities developed under this
section to a political subdivision or municipal corporation of this state in
exchange for an agreement to operate and maintain the facilities solely for
public recreational use.
(3)
The port may enter into an agreement with a political subdivision or municipal
corporation of this state for the operation and maintenance of recreational
facilities. [1971 c.400 §2]
778.075
[Repealed by 1971 c.728 §138]
778.080
[Amended by 1963 c.145 §1; repealed by 1971 c.728 §138]
778.085 Control over port waters and wharf
lines; adoption and enforcement of navigational rules; authority to establish
penalties; limitation. (1) To the full extent the State
of Oregon might exercise control, or grant to the Port of Portland the right to
exercise control, the port has full control of the rivers, harbors and
waterways within its boundaries and between its boundaries and the sea.
(2)
The port may make, change or abolish wharf lines of, in and for the rivers, harbors
and waterways within its boundaries.
(3)
As it considers convenient, requisite or necessary, or in the best interests of
the maritime shipping or commercial interests of the port, the board may by
ordinance make, modify or abolish regulations:
(a)
For the use or navigation of the rivers, harbors and waterways mentioned in
subsection (1) of this section; or
(b)
For the placing of obstructions therein, or the removal of obstructions therefrom.
(4)
The port may enforce the regulations by penalties or seek other appropriate
remedies as the port considers necessary. Penalties are recoverable in the name
of the port in any court of this state.
(5)
This section does not authorize the port to cause the removal of bridges or
other obstructions existing under a grant by this state. This section does not
authorize the port to exclude cities other than the City of Portland from free
access to the channel of either the Willamette or Columbia Rivers or the Oregon
and the Columbia Sloughs, or the free use of the rivers or sloughs for
navigation. [Amended by 1963 c.145 §2; 1971 c.728 §117; 2011 c.597 §301]
778.090 Rights of riparian owners and owners
of moorage facilities. Where it is necessary to widen
the general channel or improve the navigation of the rivers or sloughs by
requiring the removal or destruction of moorage facilities for houseboats,
boathouses or pleasure craft in the rivers or sloughs, or by establishing or
reestablishing wharf lines that have the effect of destroying or impairing the
riparian rights of the adjoining owners, the adjoining owners or others owning
the moorage facilities shall be reasonably compensated for the removal or
destruction of the moorage facilities and for the destruction or impairment of
the riparian rights; and shall not be required to remove or destroy the moorage
facilities in absence of reasonable compensation therefor.
The Port of Portland may acquire moorage facilities, riparian rights or the
real property of adjoining owners by exercise of the power of eminent domain as
provided in ORS 778.095. [Amended by 1953 c.713 §2; 1971 c.728 §118; 1973 c.203
§9]
778.095 Eminent domain power.
The Port of Portland may acquire, by condemnation or otherwise, private
property necessary or convenient in carrying out any power granted the port.
The right to acquire property by condemnation shall be exercised as provided by
ORS chapter 35. [Amended by 1971 c.728 §119]
778.100 Reclamation of lands within port
limits; assessments; lien; hearing; appeal. (1)
When the Port of Portland contemplates the filling or reclamation of any low,
swamp or submersible land within its territory held in private ownership, it
may provide by ordinance for assessment by the board of the damages and
benefits to be sustained by and to accrue to the land by reason of the filling
or reclamation. In making the assessment the question of channel frontage as
well as filling shall be considered in assessing benefits. The ordinance may
provide for payment of damages to the owner of the land and may provide for creation
of a lien upon the land in favor of the port for the amount of benefits and for
payment of the amount of the lien, either in cash or in installments, with
interest thereon over a term of years.
(2)
The ordinance shall provide for a hearing before the board to be held, upon due
notice to all owners of and persons interested in the lands to be affected by
the assessment, before the assessment is made.
(3)
Any owner or person interested in any land affected, who is aggrieved by an
assessment made under this section may appeal to the Circuit Court of Multnomah
County for judicial review of the assessment. [Amended by 1969 c.594 §62; 1971
c.728 §120]
778.105 Port required to contract for work
and materials; dry docks; bids. (1) Except in
cases of emergency and except for ordinary current repair work necessary from
day to day, all material purchased for and all work done in, on or for any dry
dock, dredge, boat, scow or other appliance to be built, owned or operated by
the Port of Portland, when the purchase is made or the work is done by
construction, alteration or general overhauling, shall be purchased or done by
or under contract. Such contracts shall be let to the
lowest competent and responsible bidder, after due advertisement for bids, in
the manner usual and customary in the letting of contracts by public bidding,
and under regulations prescribed by the port.
(2)
Notwithstanding subsection (1) of this section or any other provision of law,
the port may let a contract for the construction of a dry dock to the lowest
competent and responsible bidder who submits a bid to construct the dry dock
within the port, if:
(a)
The bid of such bidder does not exceed by more than 10 percent the lowest bid
for construction of the dry dock elsewhere; and
(b)
In the opinion of the board, the public good will in any way be served thereby.
[Amended by 1961 c.11 §1; 1971 c.728 §121; 1977 c.361 §1]
778.110 Personnel; membership in
retirement systems. (1) The Port of Portland may
employ engineers, superintendents, mechanics, clerks and other persons as
necessary or convenient in carrying on its work and fix their rates of
compensation.
(2)
No employee of the port shall become a member of the Public Employees
Retirement System if membership of the employee in the system would result in
coverage of the employee by, and contributions on the employee’s behalf by the
port to, both a private pension system and the Public Employees Retirement
System. [Amended by 1971 c.495 §1; 1971 c.728 §144]
778.115 Improvement contracts with federal
government. The Port of Portland may contract with
the United States Government to do all or part of the work of making,
maintaining, or both, a depth of water in the rivers, harbors and waterways
within its boundaries and between its boundaries and the sea as determined by
the federal government. The port may receive therefor
compensation as agreed between the federal government and the port. [Amended by
1963 c.145 §3; 1971 c.728 §123]
778.120 Operation of chapter upon rights
of other entities within port limits. Nothing in
this chapter is intended to grant the Port of Portland authority to interfere
with or detract from the general rights and powers of a city or a school or
road district that is located in whole or in part within the boundaries of the
port. However, the port has full power to carry out and fulfill the purpose of
its creation, and to exercise its power of assessing, levying and collecting
taxes. [Amended by 1971 c.728 §124]
778.125 Port assistance to other
governmental units within port boundaries.
Consistent with the purposes, functions and powers granted to it by law, the
Port of Portland may provide research or technical assistance for the planning,
promotion or implementation of commercial, industrial or economic development
projects upon request by any city, county or municipal corporation within the
port. [1977 c.45 §2]
REVENUE BONDS
778.145 Issuance of revenue bonds;
election; use of proceeds; status of bonds. (1)
For the purpose of carrying into effect all or any of the powers granted to
ports, the Port of Portland may from time to time issue and sell revenue bonds
without the necessity of the electors of the port authorizing the same.
Proceeds from the sale of such bonds may be used also to cover the costs
incurred in issuing such bonds, and preliminary work incident to carrying out
such purposes and powers, including but not limited to planning, engineering,
inspection, accounting, fiscal, legal and trustee expenses, the cost of
issuance of bonds, engraving, printing, advertising and other similar expenses,
and to pay interest on the outstanding bonds issued for any project during the
period of actual construction and for such period thereafter as the port may
determine, and to establish, maintain or increase any reserves for debt service
on the bonds and for working capital. Such revenue bonds shall not in any
manner or to any extent be a general obligation of the port nor a charge upon
any other revenues or property of the port not specifically pledged thereto.
(2)
In addition to the power granted by subsection (1) of this section, a port may
authorize and issue revenue bonds under ORS 287A.150. [1971 c.546 §2; 2007
c.783 §230]
778.150 Ordinance authorizing revenue
bonds; content; special trust funds; trustees; enforcement.
(1) Revenue bonds issued under ORS 778.145 (1) shall be authorized at a meeting
by ordinance of the board. The ordinance may provide for the creation of
special trust funds and may authorize the appointment of a trustee to
administer the same, and may obligate the Port of Portland to set aside and pay
into a special trust fund for the purpose of securing revenue bonds, all or any
portion of its revenues, regardless of the source from which derived, then
existing or which thereafter come into existence, not otherwise pledged or
committed for other purposes. The board may, in addition thereto, pledge or
mortgage for the payment of the principal of and interest on and premium, if
any, of any issue of such bonds any property of the port not pledged for other
purposes. Notice that action upon the bond ordinance will be taken at the
designated meeting of the board, shall be given for a period of not less than
two consecutive weeks, prior to such meeting, by publication thereof once each
week in a newspaper of general circulation, published within the corporate
boundaries of the port or, if there be no such newspaper, by posting such
notice for a period of not less than two weeks in three public places in the
port.
(2)
The money in any special trust fund created by an ordinance authorizing an
issue of revenue bonds shall be used solely for the purposes provided therefor by the ordinance.
(3)
The ordinance may obligate the port, and the port shall have power to fix, levy
and collect such rates, rentals, fees and other charges for the use and
services of all or any of its facilities, which revenues may be pledged to the
payment of the principal of and interest on and premium, if any, of the revenue
bonds or any of them and if so pledged shall be sufficient to produce revenues,
along with other lawfully available funds, adequate to pay the costs of the
operation, maintenance and repair of any or all port properties; to pay or
provide for the payment of the principal of and interest on, and premium, if
any, of such revenue bonds or any of them, including any reserves for such
payment; and to produce such additional amount of revenues therefrom
as the port may covenant with the holders of such revenue bonds.
(4)
The ordinance may provide that in the event the money in a special trust fund
is insufficient to pay the revenue bonds to be paid out of the fund, such
revenue bonds shall be payable out of any part or all of other nonpledged revenues of the port. Whenever all bonds and
expenses thereof have been paid so that no charge remains upon such special
fund, the board may, by ordinance, transfer any balance remaining in such fund
to its general fund, discharge the trustee, if any, and dissolve the special
fund. Any trustee authorized to administer the fund, may, subject to approval
of the board, invest and reinvest moneys in the special fund in any security or
securities in which the State of Oregon may by law invest.
(5)
If the board fails to set aside and pay revenues into a special trust fund as
required by the ordinance authorizing the issuance and sale of the bonds
secured by the fund, a holder of any of such bonds may bring suit against the
port to compel compliance with the provisions of the ordinance in the circuit
court of the county in which the port has its principal office. [1971 c.546 §3;
2007 c.783 §230a]
778.155 Form and content of bonds.
The revenue bonds issued and sold under ORS 778.145 (1):
(1)
Shall be deemed to be for all purposes negotiable instruments, subject only to
the provisions of the bonds for registration, and need not comply with
requirements of the Uniform Commercial Code.
(2)
May be issued in one or more series, bear such date or dates, mature at such
times and in such amounts, be in such denomination or denominations, be payable
at a designated place or places within or without the State of Oregon or at the
fiscal agency of the State of Oregon, be equally and ratably secured without
priority or be entitled or subject to such priorities on all or any portion of
the revenues of the Port of Portland, and, notwithstanding any other provision
of law to the contrary, bear such rate or rates of interest either fixed or
variable under a formula fixed at the time of issuance, and contain such other
terms, conditions and covenants as the board may authorize.
(3)
Shall contain a recital that principal of and interest on and premium, if any,
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 board authorizing the
issue of which the bonds are a part.
(4)
May contain covenants of the port to protect and safeguard the security and
rights of holders of any such bonds and such other terms and conditions, in
conformity with ORS 778.145 to 778.175, which the board in its discretion
determines are necessary or desirable to protect the port or increase the
marketability of the bonds. ORS 778.145 to 778.175 and any such ordinance which
constitutes a contract with the holders of the bonds, and the provisions
thereof shall be enforceable by any holder or any number of holders of the
bonds, as the board may determine.
(5)
Shall be issued under ORS chapter 287A. However, the requirements of ORS
287A.150 do not apply to revenue bonds issued under this section. [1971 c.546 §4;
1981 c.879 §5; 1997 c.171 §27; 2007 c.783 §231]
778.160 Borrowing in anticipation of bond
sale; bond anticipation notes; content; sale. (1)
The Port of Portland shall have the power, at any time and from time to time
after the issuance of bonds under ORS 778.145 to 778.175 have been authorized,
to borrow money for the purposes for which such bonds are to be issued in
anticipation of the receipt of the proceeds of the sale of such bonds and
within the authorized maximum amount of such bond issue.
(2)
Bond anticipation notes shall be issued for all moneys so borrowed under the
provisions of this section. Such notes may be issued for a period not exceeding
one year and may be renewed from time to time for periods of not exceeding one
year, but each such note, including renewals, shall mature and be paid not
later than the fifth anniversary of the date the original note was issued. Such
notes shall be authorized by ordinance of the board and shall be in such
denomination or denominations, shall bear interest at such rate or rates
approved by the board, shall be in such form and shall be executed in such
manner, all as the board shall prescribe. Such notes may be sold at public or
private sale in the manner and at such price or prices as the board shall
determine, provided that if such notes be renewal notes, they may be exchanged
for notes then outstanding on such terms as the board shall determine. [1971
c.546 §5]
778.165 Sale of revenue bonds.
The board may from time to time sell revenue bonds authorized to be issued and
sold pursuant to ORS 778.145 to 778.175, at public or private sale, in the
manner and at such price or prices as it shall determine. [1971 c.546 §6]
778.170 Bonds as obligations of political
subdivision. Revenue bonds including refunding revenue
bonds issued under ORS 778.145 to 778.175 shall be considered to be bonds or
obligations of a political subdivision of the State of Oregon for the purposes
of all laws of the state. [1971 c.546 §7]
778.175 Effect of ORS 778.145 to 778.175.
ORS 778.145 to 778.175 is additional, alternative and supplemental authority
for the Port of Portland and shall not abrogate any power, right or authority
otherwise granted by law to the port. [1971 c.546 §8]
BOARD OF COMMISSIONERS OF THE PORT OF
PORTLAND
778.205 Board of commissioners; general
powers. The power and authority given to the
Port of Portland is vested in and shall be exercised by a board of nine
commissioners. The board may exercise such powers, at regular or special
meetings, as is usual and customary with similar bodies. [Amended by 1971 c.728
§125]l
778.210 Qualifications of members.
(1) The board shall be composed of residents of the State of Oregon. The
Governor shall make appointments to the board so as to assure that not fewer than two board members are residents of each
county constituting the port district.
(2)
A person is eligible for appointment as a commissioner of the Port of Portland
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 State of Oregon. [Amended by 1961 c.469 §1; 1971 c.403 §17;
1971 c.728 §126; 1973 c.178 §3; 1987 c.179 §1; 1997 c.461 §1]
778.215 Appointment; confirmation;
vacancies. (1) 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
778.220 and 778.235, appointees, when confirmed, shall hold office for a term
of four years and until their respective successors have been appointed,
confirmed and qualified.
(2)
If a vacancy occurs by death, resignation or disqualification of a
commissioner, the vacancy shall be filled by appointment by the Governor for
the unexpired term subject to confirmation as provided by subsection (1) of
this section. [Amended by 1969 c.695 §15; 1971 c.728 §127]
778.220 Removal.
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 clerk of the Circuit Court for
Multnomah County. After the expiration of 10 days following the delivery of the
statement to the commissioner a hearing shall be held before the court, of
which hearing the commissioner is entitled to at least five days’ notice. If upon
the hearing the court determines that the commissioner has been guilty of
malfeasance in office, written findings to that effect shall be made and filed
by the court. Thereupon the commissioner shall be considered removed from
office. The vacancy so created shall be filled as provided in ORS 778.215. [Amended
by 1971 c.728 §128]
778.225 Meetings; rules; quorum; executive
committee. (1) 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.
(2)
The board may create an executive committee of which every commissioner shall
be a member and of which a number less than a majority, as the board may
determine, may constitute a quorum for the transaction of business. The
committee may hold its meetings under such rules as the board may prescribe.
However, the executive committee has no power except as a committee and only as
expressly conferred upon it by the rules of the board. In no event shall the
committee exercise the general powers of the board. The board has no power to
appoint or delegate any part of its power or authority to any committee except
the executive committee. [Amended by 1971 c.728 §129]
778.230 Board officers.
(1) 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.
(2)
The president of the board shall designate from the other members of the board
a vice president, treasurer and secretary of the board, who shall hold those
offices until removed from them by the president. Each officer shall have the
powers and perform the duties usual to the respective offices. [Amended by 1969
c.345 §19; 1971 c.728 §130; 1987 c.51 §1]
778.235 Causes of vacancies; leaves of
absence. (1) If a commissioner appointed
pursuant to ORS 778.215 refuses to serve, ceases to have the qualifications
required by ORS 778.210 (1) or fails to attend for the period of 60 successive
days any of the regular or special meetings of the board regularly and duly called
and held, the commissioner’s place on the board is vacant.
(2)
The board may grant a leave of absence not exceeding three months to a
commissioner unable to attend meetings of the board by reason of illness or
continued absence from the City of Portland. [Amended by 1961 c.469 §2; 1971
c.728 §131]
778.240
[Amended by 1971 c.728 §132; repealed by 2001 c.883 §1]
778.245
[Amended by 1961 c.673 §1; 1971 c.728 §133; repealed by 1975 c.771 §33]
778.250
[Repealed by 1971 c.728 §138]
778.255 Enactment of port ordinances;
effective date; passage; effect of referendum.
(1) The board may legislate with respect to the internal affairs of the Port of
Portland by the adoption of ordinances. Every ordinance enacted by the board
shall be preceded by an enacting clause substantially as follows: “Be It
Enacted by The Port of Portland.”
(2)
Except as otherwise provided by this section, in order to be effective, all
ordinances require the affirmative vote of a majority of the commissioners of
the port at a meeting of the board duly and regularly held.
(3)
Ordinances making appropriations, the annual tax levy and emergency ordinances
take effect immediately upon passage. All other ordinances are subject to the
referendum and shall become effective 30 days after enacted, unless a later
date is fixed therein, in which event they shall take effect at a later date,
subject to the referendum. Except for ordinances making appropriations and the
annual tax levy, when an ordinance is enacted, a notice containing a concise summary
of the ordinance and the location within the port where a copy of the complete
ordinance may be obtained without charge shall, within five days after passage
of the ordinance, be published at least once in a newspaper of general
circulation within the port.
(4)
Ordinances making appropriations and the annual tax levy and emergency
ordinances shall be passed by an aye and nay vote.
Emergency ordinances shall contain the statement that an emergency exists and
specify with distinctness the facts and reasons constituting the emergency. The
unanimous vote of all the commissioners present, and of not less than seven
commissioners, is required to pass an emergency ordinance.
(5)
In case a referendum petition is filed against an ordinance or part thereof, the
operation of the ordinance or part thereof shall be suspended pending the
outcome of the referendum election. [Amended by 1971 c.170 §1; 1971 c.728 §134]
778.260 Ordinances for regulating use of
port properties; port peace officers; jurisdiction.
(1) The board of the Port of Portland in accordance with ORS 198.510 to 198.600
may by ordinance adopt, amend or repeal regulations as convenient or necessary
to provide for policing or regulating the use of properties owned, operated,
maintained or controlled by the port and of facilities located at or in
conjunction with these properties.
(2)
The port may appoint peace officers who have all the powers and authority given
by statute to peace officers of this state.
(3)
This section does not limit the authority of a state, county or municipal peace
officer to enforce state laws and city and county ordinances at properties
owned, operated, maintained or controlled by the port and at facilities located
at or in conjunction with these properties. [1955 c.425 §§1,2,3; 1971 c.268 §22;
1971 c.728 §135; 1979 c.102 §1; 2009 c.299 §2]
778.270 Initiative and referendum
procedures. (1) Except as provided in this section,
the electors of the Port of Portland may exercise the powers of the initiative
and referendum, with reference to ordinances of the board, in accordance with
ORS 255.135 to 255.205.
(2)
A referendum petition shall be filed not more than 30 days after the date the
ordinance is adopted. [1973 c.178 §5; 1983 c.350 §327]
778.405
[Repealed by 1971 c.728 §138]
778.410
[Repealed by 1971 c.728 §138]
778.415
[Repealed by 1971 c.728 §138]
778.420
[Repealed by 1971 c.728 §138]
778.425
[Repealed by 1971 c.728 §138]
778.430
[Repealed by 1971 c.728 §138]
778.435
[Repealed by 1971 c.728 §138]
778.440 [Amended
by 1963 c.9 §41; repealed by 1971 c.728 §138]
778.445
[Amended by 1971 c.647 §144; repealed by 1971 c.728 §138]
778.450
[Amended by 1971 c.647 §145; repealed by 1971 c.728 §138]
778.455
[Repealed by 1971 c.728 §138]
778.460
[Repealed by 1971 c.728 §138]
778.465
[Amended by 1963 c.9 §42; repealed by 1971 c.728 §138]
778.470
[Repealed by 1971 c.728 §138]
778.475
[Repealed by 1971 c.728 §138]
778.480
[Repealed by 1971 c.728 §138]
PENALTIES
778.990 Penalties.
Any person who violates an ordinance adopted by the board of the Port of
Portland under ORS 778.085 or 778.260 commits a Class A misdemeanor. [1971
c.728 §136; 2011 c.597 §302]
_______________
CHAPTER 779
[Reserved for
expansion]