CCLME.ORG - Ports Planning

State
Oregon
ORS 777.005 et seq Ports Generally

Chapter 777 — Ports Generally

2003 EDITION

PORTS GENERALLY

SHIPPING AND NAVIGATION

PORTS

(Definitions)

777.005 Definitions for ORS 777.005 to 777.725 and 777.915 to 777.953

(Organization of Ports)

777.010 Areas that may be included in port

777.050 Operation and effect of proclamation; general corporate powers and capacity

(Facilities for World Maritime Trade)

777.065 Development of port facilities at certain ports as state economic goal; state agencies to assist ports

(Port Powers and Functions; Port Commissioners)

777.080 Application of special district election laws to ports

777.090 Agreements between ports; allocation of expenses and revenues

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

777.100 Annual report to legislative committee concerning agreements made under ORS 777.090

777.105 Bay, river and harbor improvement

777.108 Agreements between two or more ports

777.110 Contracts with federal government

777.112 Contracts or intergovernmental agreements between ports and others

777.113 Port assistance to public bodies within port boundaries

777.116 Port may acquire real and personal property; appraisal by state certified appraiser required; purchase contract limited

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

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

777.132 Authority of ports to distribute water; construct and maintain marina and recreation facilities

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

777.137 Designation of position numbers for commissioners

777.140 Board meetings; board officers; public records

777.150 Port employees; compensation

777.155 Division of ports into subdistricts

777.160 Representation by subdistricts; terms of commissioners after subdistricting

777.165 Vacancies

777.180 Powers of ports created by special laws

777.190 Ordinances for policing or regulating of port property

777.195 Port may engage in certain water commerce-related activities

777.210 Port may engage in certain port management activities

777.220 Port may collect certain fees from port users

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

777.240 Port may advertise and promote facilities and commerce

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

777.258 General powers of port in promotion of certain interests

777.262 Port dredging activities; legislative findings and purpose

777.267 Marine Navigation Improvement Fund

777.273 Authority of ports to operate pipelines; exceptions

(Columbia River Channel Deepening Project)

777.277 Definitions for ORS 777.277 to 777.287

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

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

777.287 Agreements with federal agencies

(Annexation)

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

777.347 Consent of Department of State Lands for state lands

777.353 Annexation of enclave

777.365 Name change of port; notice

(Port Fiscal Matters)

777.405 Deposit and disbursement of moneys; financial records

777.410 Ports may borrow money and issue bonds

777.415 Resolution and election prerequisite to issuance of bonds

777.430 Taxing powers of ports

777.435 Levy, assessment and collection of taxes

777.437 Filing boundary change with county assessor and Department of Revenue

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

777.445 Procedure subsequent to levy under ORS 777.440

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

777.455 Authority to issue refunding bonds for specified purposes; amounts

777.460 Refunding bonds; terms and conditions; bond call

777.465 Disposition of refunding bonds

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

777.475 Remedies of holders of refunding bonds on default

777.480 Construction of ORS 777.455 to 777.505

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

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

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

777.510 Port warrants; execution; contents

777.515 Payment of warrants; interest on warrants

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

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

777.535 Installment payment of special assessment; limitation

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

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

777.570 Form of bonds

777.575 Sale of bonds

777.585 Refunding revenue bonds

777.590 ORS 777.560 to 777.590 provide complete procedure; leasing property and pledging revenues

(Special Elections)

777.605 Special elections

(Establishment of Water Transportation Lines)

777.705 Definitions for ORS 777.705 to 777.725

777.710 Payment of bonus explained

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

777.720 Discretion of board in making payment; contracts

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

EXPORT TRADING CORPORATIONS

777.755 Legislative findings and policy

777.760 Definitions for ORS 777.755 to 777.800

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

777.765 Powers of export trading corporation

777.767 Authorized agreements

777.770 Additional fiscal powers of export trading corporation

777.773 Status of obligations of export trading corporation; prohibited investments

777.775 Status of export trading corporation; application of certain laws

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

777.783 Board meetings; quorum

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

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

777.790 Employees of export trading corporation

777.793 Disclosure of commercial or financial information prohibited; exception

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

777.800 Annual report

OREGON INTERNATIONAL PORT OF COOS BAY

777.915 Definitions for ORS 777.915 to 777.953

777.917 Oregon International Port of Coos Bay; applicability of statutes

777.920 Board of port commissioners; powers

777.923 Qualifications of port commissioners

777.925 Appointment of port commissioners; term; vacancies

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

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

777.933 Board meetings; executive committee

777.935 Board officers

777.937 Board to report to Legislative Assembly

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

777.943 Issuance of bonds; form; redemption

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

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

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

777.953 Annexation; authority; procedure; effect

PENALTIES

777.990 Penalties

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:

(1) “Board” means the board of commissioners of a port.

(2) “County” means the county in which the port, or the greater portion of the area of the port, is located.

(3) “County board” means the county court or the board of county commissioners of the county.

(4) “County clerk” means the county clerk of the county.

(5) “Port” means a port formed pursuant to ORS 777.010 and 777.050.

(6) “Owner” or “landowner” means the record owner of real property or the vendee of a recorded contract of purchase of real property, if any, to the exclusion of the vendor. [Amended by 1971 c.728 §1; 1983 c.83 §109; 2003 c.802 §148]

(Organization of Ports)

777.010 Areas that may be included in port. (1) Ports may be formed in the manner provided in this section and ORS 777.050.

(2) 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 drainage basin whose waters flow into another bay, estuary or river navigable from the sea situate within the county. [Amended by 1959 c.602 §1; 1963 c.209 §1; 1967 c.342 §1; 1971 c.727 §182; 1971 c.728 §2; 2003 c.802 §149]

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:

(1) Have perpetual succession.

(2) 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.

(3) Make all contracts, hold, receive and dispose of real and personal property, and do all other acts and things which may be requisite, necessary or convenient in carrying out the objects of the corporation or exercising the powers conferred upon it.

(4) Sue and be sued, plead and be impleaded in all actions, suits or proceedings brought by or against it. [Amended by 1971 c.727 §184; 1971 c.728 §10]

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, development and improvement of port facilities suitable for use in world maritime trade at the Ports of Umatilla, Morrow, Arlington, The Dalles, Hood River and Cascade Locks and the development of deepwater port facilities at Astoria, Coos Bay, Newport, Portland and St. Helens is declared to be a state economic goal of high priority. All agencies of the State of Oregon are directed to assist in promptly achieving the creation of such facilities by processing applications for necessary permits in an expeditious manner and by assisting the ports involved with available financial assistance or services when necessary. [1981 c.879 §6; 1993 c.106 §1]

Note: 777.065 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 777 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Port Powers and Functions; Port Commissioners)

777.080 Application of special district election laws to ports. (1) ORS chapter 255 governs the following:

(a) The nomination and election of district commissioners.

(b) The conduct of district elections.

(2) 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. [1983 c.350 §325]

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. [1981 c.879 §10]

Note: 777.090 to 777.100 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 777 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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 the Department of State Lands and credited to the Common School Fund. [1981 c.879 §9]

Note: See note under 777.090.

777.100 Annual report to legislative committee 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 the Legislative Committee on Trade and Economic Development the nature of all agreements made under ORS 777.090 and accomplishments thereunder. [1981 c.879 §11]

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 extension of the commerce of the port. [Amended by 1971 c.728 §12]

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 without the consent of such port. [1961 c.367 §2; 1971 c.728 §13]

777.110 Contracts with federal government. A port may:

(1) 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

(2) Receive therefor compensation as agreed between the federal government and the port. [Amended by 1971 c.728 §14]

777.112 Contracts or intergovernmental agreements between ports and others. (1) A port may enter into intergovernmental agreements under ORS chapter 190:

(a) To provide facilities or services that any of the parties to the agreement might provide or perform separately for the improvement or maintenance of the bays, harbors and channels of the Columbia River and other Oregon rivers and streams; or

(b) To exercise the powers that any of the parties to the agreement has to control the use of the waters, shores and banks thereof.

(2) 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 enhancing waters within the boundaries of the port district.

(3) Expenses incurred or revenues received in the performance of a contract or agreement entered into under subsections (1) and (2) of this section shall be allocated among the parties as the contract or agreement shall provide. [1961 c.367 §3; 1971 c.691 §1; 1971 c.728 §139; 2003 c.802 §150]

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. [1977 c.209 §2; 2003 c.802 §151]

Note: 777.113 was added to and made a part of ORS chapter 777 by legislative action but was not added to any series therein. See Preface to Oregon Revised Statutes for further explanation.

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. (1) 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.

(2) A port shall not purchase real property without first appointing a disinterested independent appraiser to appraise the property. If the appraiser determines the value of the property exceeds $500,000, then the port shall appoint one additional appraiser who may be either a port staff appraiser or a disinterested independent appraiser. The appraisal shall fix the fair market value of the property proposed to be purchased. This subsection, however, does not require a port to purchase such property at the appraised value, nor shall the appraisal be admitted in evidence in any condemnation proceeding.

(3) An appraiser appointed under this section shall be a state certified appraiser, as defined in ORS 674.010.

(4) A port may purchase real or personal property upon a contractual basis when the period of time allowed for payment under the contract does not exceed 20 years. [1971 c.728 §17 (enacted in lieu of 777.115, 777.185 and 777.187); 1973 c.127 §2; 1975 c.43 §1; 1979 c.17 §1; 1991 c.5 §45; 1993 c.201 §1]

777.120 Port’s authority over harbors, wharf lines and navigation. (1) 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, within its limits:

(a) Make, change or abolish wharf lines in bays, rivers and harbors.

(b) By ordinance make, modify or abolish regulations for the use of navigation, or for the placing of obstructions in or the removal of obstructions from bays, rivers and harbors.

(2) A port shall have the authority to engage in the control and prevention of river and stream bank erosion, and the prevention of damage from floodwater and sediment, and to make, establish, change, modify or abolish such rules and regulations to preserve natural resources and prevent estuary and stream pollution within the boundaries of the district. [Amended by 1971 c.268 §20; 1971 c.691 §2; 1971 c.728 §140]

777.125 Ports may maintain tug and pilotage service; charges; port’s liability limited; salvage claims. (1) 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.

(2) The charges for towage and pilotage shall be fixed by the board and filed in the records of the port. A port is entitled to a lien upon a vessel for any sums due the port for piloting or towing such vessel. The master and owner of such vessel shall, in addition, be jointly and severally liable to the port for the sums due.

(3) If a vessel or cargo, while being towed by a vessel owned or operated by a port or while under the charge of a pilot employee thereof, suffers injury or loss by reason of the fault of the tug, or the negligence or incompetency of the pilot, the port shall not be liable for any loss or injury thereof in excess of $5,000.

(4) A port may claim and collect salvage for services rendered to vessels in distress in the same manner as a natural person. [Amended by 1971 c.728 §20]

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. (1) 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.

(2) 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 operate and maintain or lease to public or private organizations or persons for operation and maintenance. [1969 c.497 §3; 1971 c.728 §29; 1973 c.127 §1; 1974 c.39 §1; 1987 c.103 §1]

Note: 777.132 was added to and made a part of ORS chapter 777 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

777.135 Board of port commissioners; qualifications; appointment; term; first meeting; election; vacancies. (1) 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.

(2) 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.

(3) The commissioners shall meet at a place within the port, designated by the Governor, on the fifth day after their appointment and shall organize as a board, first making and subscribing to an oath of office. The term of office of each commissioner shall be determined by lot at the first meeting of the board. The terms of two of the commissioners expire June 30 next following the first regular district election, and the terms of the remaining three commissioners expire June 30 next following the second next regular district election.

(4) At the first regular district election following the appointment of the first board, two commissioners shall be elected. At the second regular district election following the appointment of the first board, three commissioners shall be elected.

(5) Except as provided in subsection (3) of this section, the term of commissioner is four years.

(6) The term of a commissioner shall expire when the commissioner is absent from four or more consecutive regular meetings of the board of port commissioners and the board declares the position vacant. The vacancy shall be filled as provided by ORS 198.320. [Amended by 1967 c.185 §1; 1971 c.647 §136; 1971 c.727 §§185,200; 1971 c.728 §30; 1973 c.796 §74; 1983 c.83 §110; 1983 c.350 §318; 1995 c.705 §1]

777.137 Designation of position numbers for commissioners. (1) 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.

(2) 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 of the certification with the elections officer for the district. [1969 c.297 §2; 1971 c.728 §31; 1983 c.350 §319]

777.140 Board meetings; board officers; public records. (1) 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.

(2) A board shall choose from its number a president, vice president, treasurer and secretary, who shall hold their offices until the next election of officers and who shall have the powers and perform the duties usual in such cases. Annual reports shall be made by the president, vice president, treasurer and secretary and filed with the board.

(3) All proceedings of a board shall be entered in the records of the board. All books, maps, plans, documents, vouchers, reports and other papers and records pertaining to the business of the port shall be public records. [Amended by 1971 c.728 §32]

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. [Amended by 1967 c.412 §1; 1971 c.403 §16; 1971 c.728 §36]

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 into five subdistricts approximately equal in population. Not later than the 10th day after the resolution is adopted, the secretary of the board shall file a certified copy of the resolution with the county clerk of each county in which the district is located. [Amended by 1963 c.268 §19; 1967 c.498 §3; 1971 c.727 §186; 1971 c.728 §37; 1983 c.83 §111; 1983 c.350 §320]

777.160 Representation by subdistricts; terms of commissioners after subdistricting. (1) 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.

(2) The terms of office of the incumbent commissioners of a port that is subdivided as provided by ORS 777.155 or 777.326 terminate on June 30 following the first regular district election after the effective date of the division of the port into subdistricts.

(3) The two commissioners who receive the greatest number of votes cast at the election under subsection (1) of this section shall hold office for the term of four years beginning July 1 following the election. The three commissioners who receive the lesser number of votes cast at the election shall hold office for the term of two years beginning July 1 following the election. [Amended by 1963 c.268 §20; 1967 c.498 §4; 1971 c.727 §187; 1971 c.728 §38; 1973 c.796 §75; 1983 c.350 §321]

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 777.326, the appointees shall be electors registered in the subdistrict represented by the vacant position. The terms of the appointees shall be determined by lot at a meeting of the board held within five days after the appointment. However, the term of an appointee shall expire on June 30 next following the succeeding regular district election at which a successor is elected. The terms of the appointees shall be arranged with the terms of the other members so that the terms of not more than three commissioners expire on June 30 next following any regular district election. [Amended by 1969 c.669 §18; 1971 c.728 §39; 1981 c.173 §53; 1983 c.83 §112; 1983 c.350 §322]

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. [Amended by 1971 c.728 §41]

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 purpose of the enforcement of the ordinances, as other peace officers. [1955 c.699 §§2,3,4; 1959 c.255 §1; 1971 c.268 §21; 1971 c.728 §42]

777.195 Port may engage in certain water commerce-related activities. A port may, for hire:

(1) 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.

(2) Own, acquire, construct, operate and maintain railroad terminal grounds and yards; and construct, operate and maintain such line or lines of railroad, with necessary sidetrack, turnouts, switches and connection and arrangements with other common carriers, as may facilitate water commerce between common carriers and points within the port; and carry and transport freight and passengers and move passenger trains over the lines.

(3) 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. [1971 c.728 §22 (enacted in lieu of 777.130); 1979 c.109 §1; 1981 c.879 §2; 2001 c.883 §39f]

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:

(1) 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.

(2) Engage generally in the business of buying and selling coal, fuel oil and all kinds of fuel for watercraft of all kinds.

(3) Acquire, construct, maintain or operate sea walls, jetties, piers, wharves, docks, boat landings, warehouses, storehouses, elevators, grain bins, terminal icing plants, facilities for processing agricultural, fish or meat products, bunkers, oil tanks, ferries, canals, locks, tidal basins, bridges, subways, tramways, cableways, conveyors, power plants, power transmission lines, administration buildings and fishing terminals, and modern appliances and buildings for the economical handling, packing, storing and transportation of freight and handling of passenger traffic with full power to lease and sell the same, together with the lands upon which they are situated, whether held by the port in its governmental capacity or not.

(4) For the public convenience and the convenience of its shipping and commercial interests, may improve all or any portion of the waterfront of its harbors, rivers and waterways.

(5) Enlarge its tidal area, and construct, excavate or dredge canals and channels connecting its waterways with one another or with other waterways and the sea.

(6) Acquire or construct, maintain or operate airports anywhere within the port.

(7) Acquire, construct, maintain, operate, support, promote or invest in facilities and related activities for the propagation of fish in accordance with the commercial fishing laws. [1971 c.728 §23 (enacted in lieu of 777.130); 1979 c.407 §3]

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. [1971 c.728 §24 (enacted in lieu of 777.130)]

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. (1) A port may:

(a) 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.

(b) Acquire rights of way for the placing of transmission lines over which to carry the electrical energy required between the points of origin or production and the locations where such power may be carried for distribution, and sell, lease and dispose of same.

(2) This section does not authorize a port to enter into the business of supplying electric energy or services, or other power service, to municipalities or to the public, or for any purpose other than the construction or operation of docks, terminals, elevators or other shipping facilities, or in any of the work ports are authorized by law to engage in.

(3) Notwithstanding subsections (1) and (2) of this section, a port may construct, acquire, own or operate, by itself or with other public or private entities, electrical generating plants, electric distribution facilities and related fuel supply and steam generation and distribution facilities. However, the electric output of such plants or systems shall not be sold or delivered, directly or indirectly, to any person or other entity located within this state other than:

(a) An electric utility as defined in ORS 758.505; or

(b) The Bonneville Power Administration.

(4) The related fuel supply facilities of a port shall be constructed and operated for the sole purpose of furnishing fuel to the generating plants or systems owned by the port by itself or with other public or private entities.

(5) Except as provided in subsection (6) of this section, natural gas used to fuel the generation of electricity or energy by any port as described in subsection (3) of this section shall be purchased from or transported by an entity, if any, that is a public utility as defined in ORS 757.005 and approved by the Public Utility Commission under ORS 758.400 to 758.475 to distribute natural gas in the service territory in which the port is located.

(6) The rate charged a port by the public utility shall be the rate found to be reasonable by the Public Utility Commission under ORS 757.230. When reviewing the rate, the Public Utility Commission shall also determine the cost of alternatives to natural gas service from the public utility. For the purposes of this subsection, the cost of alternatives to natural gas service from the public utility is the cost incurred by a person other than a port without consideration of governmental entitlements that are available to a port but not to private persons. If the rate acceptable to the public utility and found to be reasonable by the Public Utility Commission is greater than such cost of alternatives, the port may pursue other alternatives for natural gas service. [1971 c.728 §25 (enacted in lieu of 777.130); 1985 c.773 §4; 1991 c.253 §1]

777.240 Port may advertise and promote facilities and commerce. A port may advertise and promote the facilities and commerce of the port, 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. [1971 c.728 §26 (enacted in lieu of 777.130)]

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. (1) 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 commercial enterprise in storing, warehousing, distributing or selling or servicing any products of agriculture, mining or industry or by any profit or nonprofit enterprise for research and development. The port has full power to lease and sell the buildings, improvements and personal property, together with the lands upon which they are situated, whether held by the port in its governmental capacity or not.

(2) In addition, a port may:

(a) Acquire and develop land, or develop land already owned, as the site for an industrial or research and development park, including as a part of such development provisions for water, sewage, drainage, roads, transportation, power, communication or other similar facilities which are incidental to the development of the site;

(b) Develop the site pursuant to a comprehensive plan in a manner compatible with other uses in the area in which the industrial or research and development park is located and adopt regulations necessary to implement the plan;

(c) Lease, sublease or sell tracts of land within an industrial or research and development park as building sites to any industry or commercial enterprise or profit or nonprofit enterprise described by this subsection; and

(d) Charge and collect fees for services made available within the industrial or research and development park.

(3) A port may acquire, construct, maintain or operate sports, recreation, convention and trade show facilities.

(4) For revenue bonding purposes under ORS 777.560 to 777.590, projects undertaken under this section shall be classified as either:

(a) Sales, if the port is to sell outright or by conditional sale its interest in the property, or, if by contract the port’s title to the property is retained for a limited term only;

(b) Leases, if the port is only to rent, lease, sublease or charge a user fee for the property with the intention of retaining title to, or possession of, the property for its future benefit and use; or

(c) Loans, if the port is to lend the proceeds of such revenue bonds and has no ownership interest in the property. [1971 c.728 §27 (enacted in lieu of 777.130); 1979 c.109 §2; 1979 c.407 §1a; 1983 c.459 §15; 1987 c.103 §2; 1997 c.171 §22]

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. [1971 c.728 §28 (enacted in lieu of 777.130)]

777.260 [Repealed by 1963 c.268 §21]

777.262 Port dredging activities; legislative findings and purpose. (1) The Legislative Assembly finds:

(a) 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;

(b) That port districts and communities in this state cannot afford to pay the costs necessary to continue the dredging activities that are essential to keep the major harbors and waterways navigable for larger vessels in maritime trade; and

(c) That the State of Oregon must therefore pay for such dredging activities when ports cannot, or this state must tolerate the loss of maritime trade and commerce that will inevitably result from the halt of dredging activities.

(2) Therefore, it is the purpose of this section and ORS 777.267 to provide a method of financing required dredging activities in the ports of this state when those ports are unable to finance such activities. [1989 c.1020 §1]

Note: 777.262 and 777.267 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 777 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

777.265 [Repealed by 1963 c.268 §21]

777.267 Marine Navigation Improvement Fund. (1) There is established in the State Treasury the Marine Navigation Improvement Fund. The moneys in the fund and interest earnings on the moneys in the fund are continuously appropriated to the Economic and Community Development Department for the purposes of:

(a) Paying a portion of the costs of dredging activities that are carried out in the harbors and channels on the Oregon coast and along the Columbia River when federal law or regulation requires a portion of the costs of such dredging to be paid by nonfederal interests; and

(b) Paying the study and construction costs of other new navigation improvement projects that directly support a federally authorized navigation improvement project.

(2) The Marine Navigation Improvement Fund established by this section consists of moneys appropriated to the fund by the Legislative Assembly, repayment of loans made with moneys in the fund and bond proceeds deposited in the fund.

(3) Moneys in the fund shall be used primarily to make loans to ports for eligible projects. The department may award a grant or provide other assistance from moneys in the fund to a port for an eligible project only if a loan is not feasible due to the financial hardship of the port or other special circumstances, as set forth in rules adopted by the department.

(4) Eligibility for assistance from the Marine Navigation Improvement Fund shall be limited to and funded, subject to the availability of funds, in the following order of priority:

(a) Federally authorized studies and construction of new navigation improvement projects.

(b) Other new navigation improvement projects if the projects directly support or provide access to a federally authorized navigation improvement project or a federally authorized navigation channel.

(5) Financial assistance for construction costs under subsection (4)(a) of this section shall be limited to those projects that have completed all federally required studies and have confirmed positive cost-benefit ratios as required by the National Economic Development Plan.

(6) Financial assistance for construction costs under subsection (4)(b) of this section is limited to projects sponsored by a port, as defined in ORS 777.005 or 778.005, that meet criteria developed by the department.

(7) Financial assistance for studies of other new construction projects under subsection (1)(b) of this section is limited to projects that meet criteria developed by the department. [1989 c.1020 §2; 1991 c.461 §87; subsection (3) enacted as 1991 c.461 §88; 2001 c.570 §1; 2003 c.741 §13]

Note: Section 12, chapter 741, Oregon Laws 2003, provides:

Sec. 12. (1) For the biennium beginning July 1, 2003, pursuant to ORS 286.560 to 286.580, the State Treasurer, at the request of the Director of the Economic and Community Development Department, may issue lottery bonds to provide financial and other assistance for which moneys in the Marine Navigation Improvement Fund established by ORS 777.267 may be used.

(2) The use of lottery bond proceeds is authorized based on the following findings:

(a) Financial and other assistance to ports will assist in the monitoring, maintenance, improvement and construction of harbors and navigation channels along the Oregon coast and the Columbia River.

(b) A well-developed and well-maintained system of harbors and navigation channels along the Oregon coast and the Columbia River is a critical component of the facilities that make up the physical foundation for industrial and commercial activity in Oregon, which enables economic growth and development in Oregon.

(c) The monitoring, maintenance, improvement and construction of harbors and navigation channels along the Oregon coast and the Columbia River will create jobs in Oregon.

(d) Financial and other assistance to ports will therefore further economic development and create jobs in Oregon.

(3) The aggregate principal amount of lottery bonds issued pursuant to this section may not exceed the sum of $3.5 million, plus an additional amount established by the State Treasurer to be necessary to pay bond-related costs.

(4) The net proceeds of lottery bonds issued pursuant to this section must be deposited in the Marine Navigation Improvement Fund established by ORS 777.267.

(5) The proceeds of lottery bonds issued pursuant to this section may be used only for the purposes for which moneys in the Marine Navigation Improvement Fund may be used and for bond-related costs. [2003 c.741 §12]

Note: See note under 777.262.

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

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

777.273 Authority of ports to operate pipelines; exceptions. (1) 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.

(2) A port may enter into connection and other agreements with entities owning or operating pipelines and related facilities as may assist the port with regard to its authority described in this section.

(3) A port may acquire by purchase, gift or the exercise of the power of eminent domain rights of way for the placement of pipelines and related facilities.

(4) This section does not grant any additional authority to a port to own, purchase or sell the products and materials carried within the pipelines, but only grants authority over pipelines and related facilities used for transportation purposes.

(5) Except as otherwise specifically authorized by law, this section does not authorize a port to exercise authority over natural gas pipelines and related facilities, the transportation of natural gas or the acquisition of natural gas pipeline rights of way. [1991 c.367 §2]

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: (continued)