ORS Chapter 778
Chapter 778 — Portof Portland
2009 EDITION
PORTOF PORTLAND
SHIPPINGAND NAVIGATION
FUNCTIONSAND POWERS
778.005 Definitions
778.008 Portof Portland granted powers of ports formed under ORS chapter 777; exceptions;additional powers
778.010 Districtknown as Port of Portland; boundaries; capacity to sue
778.015 Purposesand general powers of port
778.020 Acquisitionof City of Portland property by port; assumption of bonds; election
778.025 Powerto engage in certain commercial activities
778.030 Powerto issue general obligation bonds; limitation; dedication of revenues; use ofproceeds
778.036 Issuanceof bonds
778.040 Generalobligation bond issues to be approved by electors
778.045 Amountof general obligation bonds issued in one year limited
778.060 Expenditureof bond sale funds for operating expenses limited
778.065 Porttaxing power; annual limitation
778.068 Filingboundary change with county assessor and Department of Revenue
778.070 Taxlevy
778.073 Recreationalfacilities; development; operation; maintenance
778.085 Controlover port waters and wharf lines; adoption and enforcement of navigationalrules; authority to establish penalties; limitation
778.090 Rightsof riparian owners and owners of moorage facilities
778.095 Eminentdomain power
778.100 Reclamationof lands within port limits; assessments; lien; hearing; appeal
778.105 Portrequired to contract for work and materials; dry docks; bids
778.110 Personnel;membership in retirement systems
778.115 Improvementcontracts with federal government
778.120 Operationof chapter upon rights of other entities within port limits
778.125 Portassistance to other governmental units within port boundaries
REVENUEBONDS
778.145 Issuanceof revenue bonds; election; use of proceeds; status of bonds
778.150 Ordinanceauthorizing revenue bonds; content; special trust funds; trustees; enforcement
778.155 Formand content of bonds
778.160 Borrowingin anticipation of bond sale; bond anticipation notes; content; sale
778.165 Saleof revenue bonds
778.170 Bondsas obligations of political subdivision
778.175 Effectof ORS 778.145 to 778.175
BOARDOF COMMISSIONERS OF THE PORT OF PORTLAND
778.205 Boardof commissioners; general powers
778.210 Qualificationsof members
778.215 Appointment;confirmation; vacancies
778.220 Removal
778.225 Meetings;rules; quorum; executive committee
778.230 Boardofficers
778.235 Causesof vacancies; leaves of absence
778.255 Enactmentof port ordinances; effective date; passage; effect of referendum
778.260 Ordinancesfor regulating use of port properties; port peace officers; jurisdiction
778.270 Initiativeand referendum procedures
PENALTIES
778.990 Penalties
FUNCTIONSAND POWERS
778.005Definitions.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 metropolitanstatistical area as designated by the United States Office of Management andBudget with an Oregon population of more than 750,000. [Amended by 1971 c.728 §103;1973 c.178 §1; 2009 c.11 §98]
778.008Port 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 powerspossessed 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 Portlandhas 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 exercisesuch powers as it may be authorized or empowered to do, perform or exercise byany Act of the legislature passed for that purpose, though not directly inamendment of this chapter. The powers granted by this chapter are in additionto other powers granted by law to the port.
(5)In addition to such other duties, functions and powers as may be imposed uponthe Port of Portland, the port may make recommendations to the Oregon Board ofMaritime Pilots. [1971 c.728 §116; 1987 c.775 §7; subsection (3) enacted as1989 c.644 §5]
778.010District known as Port of Portland; boundaries; capacity to sue. The Portlandmetropolitan 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 exerciseand carry out all the powers and objects conferred on it by law. The port maysue and be sued, plead and be impleaded in all actions, suits or proceedingsbrought by or against it; provided, however, that the bonded or otherindebtedness of the port that was chargeable to or a lien upon the propertywithin the limits of the port:
(1)Prior to June 30, 1963, shall not be chargeable to or a lien upon all of thatproperty which lies east of the east boundary line of range two east of theWillamette Meridian in Multnomah County; or
(2)Prior to June 30, 1973, shall not be chargeable to or a lien upon all thatproperty lying within the boundaries of Clackamas and Washington Counties. [Amendedby 1963 c.124 §1; 1973 c.178 §2; 2003 c.802 §152]
778.015Purposes and general powers of port. The object, purpose and occupation ofthe Port of Portland shall be to promote the maritime, shipping, aviation,commercial and industrial interests of the port as by law specificallyauthorized. The port may acquire, hold, use, dispose of and convey real andpersonal property, make any and all contracts the making of which is not bythis chapter expressly prohibited. It may do any other acts and things whichare requisite, necessary or convenient in accomplishing the purpose describedor in carrying out the powers granted to it by law. The port may supply surfaceand air craft with fuel and other supplies at reasonable cost as may be for thebest interests of the port. [Amended by 1959 c.362 §1; 1971 c.728 §104]
778.020Acquisition 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 thedocks, wharves, elevators, terminals, dry docks and other properties of theCity of Portland that are under the charge and control of the dock commissionof 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 allor any part of the bonds, debentures and other obligations of the City ofPortland issued, sold or incurred for the purpose of acquiring funds to construct,purchase or otherwise acquire the docks, wharves, elevators, terminals, drydocks or other properties. The aggregate amount of bonds, debentures andobligations so assumed shall not exceed a sum determined by the board to be thefair value of the property so acquired by the port. The limitation provided byORS 778.030 shall not apply to bonds, debentures or other obligations assumedunder this section.
(3)The authority granted by this section shall not be exercised without the priorapproval of the electors residing within the port expressed at an electioncalled and held within the port at which such question is submitted. [Amendedby 1971 c.728 §105]
778.025Power to engage in certain commercial activities. For the use ofthe Port of Portland or for public convenience and the convenience of airtransport, shipping, commercial and industrial development of the port and thewaterfront of its harbors, rivers and waterways, the port may:
(1)Acquire by purchase, condemnation or other lawful method lands necessary forits use or to be improved for public convenience and the convenience of the airtransport, shipping, commercial and industrial development of the port as wellas all or any part of the waterfront of its harbors, rivers and waterways.
(2)Acquire by purchase, condemnation or other lawful method lands necessary orconvenient for the purpose of depositing or dumping thereon earth, sand,gravel, rock or other material dredged or excavated, in the exercise of any ofits powers, from any of the rivers or other waterways or lands within theboundaries or under the control of the port.
(3)Enlarge its tidal area, fill and reclaim lands, and make such disposition byuse, conveyance, development or lease of lands so filled or reclaimed as itconsiders advisable.
(4)Construct, excavate and dredge canals and channels connecting its waterwayswith one another, with other waterways and with the sea.
(5)Purchase or otherwise acquire, construct, operate, maintain, lease, rent anddispose of airports, and their approaches, wharves, piers, docks, slips,warehouses, elevators, dry docks, terminals, buildings, and all otherfacilities and aids incident to the development, protection and operation ofthe port and of the air transport, shipping, commercial and industrialinterests of the port, within the port, and collect wharfage, storage and othercharges for the use of such facilities.
(6)Own, acquire, construct, purchase, lease, operate and maintain within the portlines of railroad, with sidetracks, turnouts, switches and connections withother lines of railroad, and streets, roads, water mains, sewers, pipelines,and also gas and electric conduits and lines which a utility is unwilling orunable to furnish, within or to or from the boundaries of the port; and carryand transport freight and passengers thereon and thereover for hire, andperform lighterage for hire.
(7)Acquire, own, lease, rent, operate, maintain and dispose of towboats, bargesand other vessels for the transportation of cargo or passengers in maritimecommerce on the Columbia and Snake Rivers and their tributaries, within orwithout the boundaries of this state.
(8)Acquire, own, lease, rent, operate, maintain and dispose of unit trains andrelated facilities for the transportation of bulk commodities to facilitieswithin the port from locations within or without the port. [Amended by 1959c.362 §2; 1967 c.548 §1; 1971 c.728 §106; 1973 c.178 §6; 1981 c.879 §4]
778.030Power 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 thePort of Portland, the port has the power to borrow money and to sell anddispose of bonds which shall constitute a general obligation of the port and besecured by the port’s full faith and credit. Such bonds outstanding at one timeshall never exceed in the aggregate one and three-fourths percent of the realmarket value of all taxable property within the limits of the port, computed inaccordance with ORS 308.207. In computing the total of bonds at any timeoutstanding, bonds issued for the purpose of providing funds to meetobligations assumed pursuant to ORS 778.020, shall not be included. The bondsshall 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 andsecured by a lien and pledge of all or any part of the revenues derived by theport from the facilities constructed from the proceeds of the bonds.
(2)The port may provide for the creation of special trust funds and may authorizethe appointment of a trustee to administer the same and may obligate itself toset aside and pay into a special trust fund any revenues pledged to the paymentof the bonds. The port may establish and provide from available funds for thefunding of debt service, operation and maintenance reserves.
(3)Proceeds from the sale of the bonds may also be used to pay the costs incurredin 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 payinterest on the bonds for such period as the port may determine, but not toexceed 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 by1971 c.728 §108; repealed by 1977 c.33 §2 (778.036 enacted in lieu of 778.035)]
778.036Issuance of bonds.Bonds authorized by ORS 778.030 shall be issued as prescribed in ORS chapter287A. [1977 c.33 §3 (enacted in lieu of 778.035); 1981 c.94 §57; 1997 c.171 §26;2007 c.783 §229]
778.040General obligation bond issues to be approved by electors. (1) Generalobligation bonds shall not be issued by the Port of Portland to provide fundsfor the establishment or operation of surface ship and air lines or for thepayment of bonuses to either such line or lines without the approval of theelectors of the port expressed at an election called and held within the portat which such question is submitted.
(2)Whenever the port issues general obligation bonds for purposes other thanrefunding general obligation bonds previously issued and for purposes otherthan providing funds to meet the obligations of the City of Portland assumedpursuant to ORS 778.020 in an aggregate amount equal to five percent of thepresent real market value of all the taxable property within the territoriallimits of the port, no additional general obligation bonds shall be issued forpurposes other than refunding general obligation bonds theretofore issuedwithout the approval of the electors of the port expressed at an electionwithin the port at which such question is submitted. [Amended by 1971 c.399 §1;1997 c.461 §2]
778.045Amount of general obligation bonds issued in one year limited. The totalamount of general obligation bonds issued by the Port of Portland in anycalendar year, except for refunding bonds or bonds issued to provide funds tomeet obligations assumed pursuant to ORS 778.020, shall not exceed $3 millionunless a greater amount is approved by the electors of the port at an electionat which such question is submitted. [Amended by 1971 c.728 §110; 1973 c.178 §7;1997 c.461 §3]
778.050 [Amended by1971 c.728 §111; repealed by 1977 c.33 §4]
778.055 [Amended by1971 c.728 §112; repealed by 1977 c.33 §4]
778.060Expenditure of bond sale funds for operating expenses limited. The board shallnot expend, within any one calendar year, from the funds derived from the saleof bonds, in excess of $500,000 to meet the operating expenses of the Port ofPortland. As used in this section “operating expenses” means the maintenance ofplant, structures and equipment and such dredging as may be required topreserve or restore at or to its artificial depth a channel previouslyexcavated by the port. [Amended by 1971 c.728 §113]
778.065Port taxing power; annual limitation. The Port of Portland may each yearassess, levy and collect taxes upon all taxable real and personal propertysituated 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 assumedunder ORS 778.020; and
(3)To pay all other expenses that may be incurred in the exercise of the powersgranted to the port. [Amended by 1963 c.9 §40; 1971 c.701 §1; 1971 c.728 §143]
778.068Filing boundary change with county assessor and Department of Revenue. For purposes ofad valorem taxation, a boundary change must be filed in final approved formwith the county assessor and the Department of Revenue as provided in ORS 308.225.[2001 c.138 §54]
778.070Tax levy.(1) Taxes authorized by ORS 778.065 shall be levied in each year and returnedto the county officers whose duty it is to extend the tax roll by the timerequired by law for city taxes to be levied and extended. The county officerwhose duty it is to extend the county levy shall extend the levy of the Port ofPortland in the same manner city taxes are extended.
(2)All taxes levied by the port are payable at the same time and shall becollected by the same officers as regular county taxes. The county officerscollecting the taxes shall pay them to the treasurer of the port as provided bylaw. [Amended by 1971 c.728 §115]
778.073Recreational facilities; development; operation; maintenance. (1) The Port ofPortland may construct, operate, equip and maintain public parks, marinas andother recreational facilities on land owned by the port when such facilitiesmay be developed in conjunction with the exercise by the port of any of itsother powers.
(2)The port may convey the land and recreational facilities developed under thissection to a political subdivision or municipal corporation of this state inexchange for an agreement to operate and maintain the facilities solely forpublic recreational use.
(3)The port may enter into an agreement with a political subdivision or municipalcorporation of this state for the operation and maintenance of recreationalfacilities. [1971 c.400 §2]
778.075 [Repealed by1971 c.728 §138]
778.080 [Amended by1963 c.145 §1; repealed by 1971 c.728 §138]
778.085Control over port waters and wharf lines; adoption and enforcement ofnavigational rules; authority to establish penalties; limitation. (1) To the fullextent the State of Oregon might exercise control, or grant to the Port ofPortland the right to exercise control, the port has full control of therivers, harbors and waterways within its boundaries and between its boundariesand the sea.
(2)The port may make, change or abolish wharf lines of, in and for the rivers, harborsand waterways within its boundaries.