ORS Chapter 382 - Oregon Statutes

Chapter 382 —Intrastate Bridges

 

2009 EDITION

 

 

INTRASTATEBRIDGES

 

HIGHWAYS,ROADS, BRIDGES AND FERRIES

 

COUNTYBRIDGES

 

(Generally)

 

382.005     “Countycourt” defined

 

382.205     Usingcounty funds for bridges

 

(MultnomahCounty Bridges)

 

382.305     Operationof bridges across Willamette River by Multnomah County

 

382.310     Powersof Multnomah County as to Willamette River bridges

 

382.315     Agreementswith public service corporations for use of Willamette River bridges

 

382.325     Powersof Portland as to Willamette River bridges

 

382.330     Operationof Adams Street-Glisan Street bridge in Portland

 

382.335     Definitionsfor ORS 382.335 to 382.425

 

382.340     Bridgesover Willamette River and Slough as permanent roads

 

382.345     MultnomahCounty constructing and financing Willamette River bridges

 

382.350     Petitionand order for bond election; debt limitation

 

382.355     Filingand presentation of petition; order of board of county commissioners

 

382.360     Appealsfrom orders of board of county commissioners

 

382.365     Majorityvote to authorize bond issue

 

382.370     Formof petitions, notices and ballots

 

382.375     Election;laws applicable

 

382.380     Orderdeclaring bond election result

 

382.385     Countycommissioners submitting bond issue on own motion

 

382.390     Arrangementby county commissioners for bond issuance and sale

 

382.395     Termsand conditions of bonds

 

382.400     Registeringbonds

 

382.405     Bondadvertisement and sale

 

382.410     Custodyand disbursement of bond proceeds

 

382.415     Payingbond principal and interest with tax or motor license fund

 

382.420     Titleand control of bridge

 

382.425     Countyclerk as clerk of county commissioners; records of proceedings

 

CITYBRIDGES

 

382.505     Erectionand maintenance of bridges by cities

 

COUNTYBRIDGES

 

(Generally)

 

      382.005“County court” defined. As used in this chapter, unless the contextrequires otherwise, “county court” includes board of county commissioners.

 

      382.105 [Repealed by2007 c.531 §19]

 

      382.110 [Repealed by2007 c.531 §19]

 

      382.115 [Repealed by2007 c.531 §19]

 

      382.120 [Repealed by 2007c.531 §19]

 

      382.125 [Amended by1963 c.602 §1; 1981 c.153 §75; repealed by 2007 c.531 §19]

 

      382.205Using county funds for bridges. If the money provided by ORS 368.705 isexpended and an emergency arises demanding immediate action by it, the county courtmay in its discretion apply any moneys in the county treasury, not otherwiseappropriated, toward defraying the expense of building or repairing bridges onany of the county or state roads within the county or over streams formingboundaries between the county and any other county.

 

      382.210 [Amended by1963 c.602 §2; repealed by 1981 c.153 §79]

 

      382.215 [Repealed by1981 c.153 §79]

 

      382.220 [Repealed by1971 c.659 §6]

 

      382.225 [Repealed by1981 c.153 §79]

 

      382.230 [Repealed by1981 c.153 §79]

 

      382.235 [Repealed by1981 c.153 §79]

 

      382.240 [Repealed by1981 c.153 §79]

 

      382.245 [Repealed by1981 c.153 §79]

 

      382.250 [Repealed by1981 c.153 §79]

 

      382.255 [Repealed by1981 c.153 §79]

 

      382.260 [Repealed by1981 c.153 §79]

 

      382.265 [Repealed by 1981c.153 §79]

 

      382.270 [Repealed by1981 c.153 §79]

 

      382.275 [Repealed by1981 c.153 §79]

 

      382.280 [Repealed by1981 c.153 §79]

 

      382.285 [Repealed by1981 c.153 §79]

 

(MultnomahCounty Bridges)

 

      382.305Operation of bridges across Willamette River by Multnomah County. (1) The Boardof County Commissioners of Multnomah County shall operate and maintain allbridges, as defined in subsection (2) of this section, together with theapproaches thereof, erected, owned by or leased to the City of Portland or MultnomahCounty, across the Willamette River within the boundaries of Portland, and theCity of Portland shall surrender and deliver possession and control of suchbridges, except as provided in ORS 382.310 to 382.330, to the board of countycommissioners.

      (2)As used in ORS 382.305 to 382.330, “bridge” means the bridges and partsthereof.

 

      382.310Powers of Multnomah County as to Willamette River bridges. (1) The Boardof County Commissioners of Multnomah County shall:

      (a)Maintain, keep in good condition and repair and operate the bridges and theirapproaches. The lighting of the bridges and their approaches is a part of theduty to maintain and operate such bridges, and the board may enter intocontracts for such lighting.

      (b)Operate, maintain and keep in good condition all parts of the bridges owned bythe city or leased by the city or by the board of county commissioners.

      (2)The Board of County Commissioners of Multnomah County shall, at the cost andexpense of the county:

      (a)Employ, hire and discharge, from time to time, agents, workers, laborers andservants, as it deems necessary in the conduct, maintenance, repair andoperation of the bridges and their approaches.

      (b)Make needful rules and regulations for the operation and maintenance of thebridges, but such rules and regulations shall be subject to the exercise by theCity of Portland of such police power and authority as the city has under itscharter with respect to the bridges owned by the city.

      (3)The Board of County Commissioners of Multnomah County may enter into agreementsor leases for the use by the public, for highway purposes and for the operationof street cars, of the upper highway deck of the bridges constructed across theWillamette River in Portland, by persons or corporations other than the City ofPortland.

      (4)The Board of County Commissioners of Multnomah County may establish and collecttolls for the use of any bridge across the Willamette River that is:

      (a)Under the board’s jurisdiction as a road authority pursuant to ORS 810.010; or

      (b)Operated and maintained by Multnomah County as required under this section andORS 382.305. [Amended by 2005 c.22 §263; 2009 c.385 §1]

 

      382.312 [1975 c.436 §4;repealed by 1993 c.741 §147]

 

      382.315Agreements with public service corporations for use of Willamette Riverbridges.If the Board of County Commissioners of Multnomah County makes an agreement orlease for the use of the upper deck of any bridge constructed across theWillamette River within Portland and if any public service corporationoperating a street car line within Portland desires to maintain and operate itsstreet cars over the upper deck of the bridge so leased, the board of countycommissioners may agree with the public service corporation upon the terms andcompensation for such use. If they are unable to agree, the amount ofcompensation to be paid by the public service corporation shall be the same asmay at such time be fixed or charged by the City of Portland for the use ofother bridges across the Willamette River by public service corporations.

 

      382.320 [Repealed by1969 c.429 §6]

 

      382.325Powers of Portland as to Willamette River bridges. The City ofPortland, Oregon, may:

      (1)Regulate traffic upon and across the bridges and their approaches constructedby the City of Portland.

      (2)Lay and maintain upon the bridges and their respective approaches constructedby the City of Portland all rails and tracks necessary, desirable or convenientfor the operation of street cars.

      (3)Provide for the use of the bridges and their approaches constructed by the Cityof Portland and rails and tracks by street cars propelled by electrical andother motive power, and the carrying of passengers on street cars.

      (4)Make contracts with and grant rights, privileges and franchises to any persons,firms or corporations for the use of the bridges and their approaches under theCity of Portland’s jurisdiction as a road authority pursuant to ORS 810.010,and rails and tracks by cars, street cars and trains, the carrying of passengersand for charging and collecting fares and tolls under such rights, privilegesand franchises.

      (5)Contract for, agree upon and charge and collect rents and other compensationfor the use of bridges under the City of Portland’s jurisdiction as a roadauthority pursuant to ORS 810.010 by cars, street cars and trains.

      (6)Exercise all other power and authority over the bridges and their approachesnot expressly conferred by ORS 382.305 to 382.330 on Multnomah County. [Amendedby 2009 c.385 §2]

 

      382.330Operation of Adams Street-Glisan Street bridge in Portland. (1) The Boardof County Commissioners of Multnomah County shall operate, maintain and repairthe bridge existing on February 25, 1913, across the Willamette River fromAdams Street on the east side of the river to Glisan Street on the west side ofthe river, in Portland, subject to the terms and provisions of the leaseexecuted by the Oregon-Washington Railroad and Navigation Company, party of thefirst part, and the City of Portland, party of the second part, dated October9, 1912, and filed with the city auditor on October 19, 1912.

      (2)The board of county commissioners may, from time to time, enter into leases oragreements with the owners of such bridge for the use of the upper deck and itsapproaches for highway purposes by the public and the operation of street carsthereon.

      (3)In the event that no public service corporation makes any contract or agreementwith the City of Portland for the operation of its street cars over the upperdeck of such bridge or its approaches prior to February 25, 1913, thecompensation to be paid by the public service corporation shall be fixed by andpaid to the City of Portland, subject to the lease mentioned in subsection (1)of this section.

 

      382.335Definitions for ORS 382.335 to 382.425. As used in ORS 382.335 to 382.425:

      (1)“Board of county commissioners” means the Board of County Commissioners ofMultnomah County and includes the constituted authorities of Multnomah Countyhaving control of road construction, maintenance and operation.

      (2)“Construct” includes repair, maintain, improve or other words of similarmeaning.

      (3)“Construction” includes repair, maintenance, improvement, reconstruction orother words of similar meaning.

 

      382.340Bridges over Willamette River and Slough as permanent roads. Bridges overthe Willamette River in Portland, Oregon, and the Willamette Slough withinMultnomah County are permanent roads and include approaches and viaductsleading thereto.

 

      382.345Multnomah County constructing and financing Willamette River bridges. MultnomahCounty may borrow money for the purpose of constructing and reconstructingbridges across the Willamette River in Portland, Oregon, and Willamette Sloughwithin Multnomah County and issue bonds to evidence such indebtedness.

 

      382.350Petition and order for bond election; debt limitation. Whenever apetition therefor, signed by not less than 10 percent of the electors ofMultnomah County and stating the amount of the proposed bond issue is filed withthe county clerk, the board of county commissioners shall, subject to ORS382.355 and 382.360, order an election to determine whether or not the countyshall issue bonds for the construction of the bridge mentioned in ORS 382.345.However, if the county debt for the construction of permanent roads alreadyincurred or authorized, together with the new debt sought to be created by thepetition, exceeds six percent of the assessed valuation of all the property inthe county, then the board of county commissioners shall disregard thepetition.

 

      382.355Filing and presentation of petition; order of board of county commissioners. (1) Thepetition mentioned in ORS 382.350 shall be filed with the county clerk andpresented to the board of county commissioners at or before its next regularsession.

      (2)The board of county commissioners shall examine the petition as soon as it ispresented. If it is satisfied that the petition substantially conforms to therequirements of ORS 382.370 and contains the names and post-office addresses,places of residence and precincts of the requisite number of electors asrequired by ORS 382.350, the board of county commissioners shall make an orderdirecting that a special election be called and held in the county for thepurposes specified in the petition at a time to be then fixed by the board ofcounty commissioners, which shall not be less than 30 nor more than 40 daysafter the date of making the order and not more than 90 days after the day offiling the petition.

      (3)If the board of county commissioners determines either that the petition doesnot substantially conform to the requirements of ORS 382.370 or that it doesnot contain names and post-office addresses, places of residence and precinctsof the requisite number of electors as required by ORS 382.350, it shall makean order declaring that fact, particularly designating the defects and refusingto order a special election.

 

      382.360Appeals from orders of board of county commissioners. (1) There shallbe no appeal from the order mentioned in ORS 382.355 (2).

      (2)Within 10 days after the entry of the order mentioned in ORS 382.355 (3), anyone or more of the petitioners may appeal to the circuit court in the samemanner as appeals are taken from the county court in actions at law, exceptthat the notice of appeal, if not entered in the journal at the time the orderis made, shall be served on the county clerk and no appeal bond shall berequired.

      (3)If the circuit court upon appeal is satisfied that the board of countycommissioners should have ordered an election, the circuit court shall directthe board of county commissioners to proceed as if it had declared theproceedings sufficient. If upon appeal the circuit court decides that thejudgment of the board of county commissioners was correct it shall make anorder affirming the judgment of the board of county commissioners. There shallbe no appeal from the judgment of the circuit court.

 

      382.365Majority vote to authorize bond issue. The bonds mentioned in ORS 382.345shall be issued only upon approval of a majority of those voting at anyelection for the same.

 

      382.370Form of petitions, notices and ballots. Petitions for bridge bond elections,bridge bond election notices and ballots shall be in substantially the sameform as prescribed by ORS 381.440. [Amended by 1983 c.350 §254]

 

      382.375Election; laws applicable. (1) Elections for the issuance of the bonds may beheld at any general election or at any time, subject to the time limitations ofORS 382.355 (2).

      (2)The laws of this state governing special and general elections in so far asthey do not conflict with ORS 382.335 to 382.425 apply to elections under ORS382.335 to 382.425.

 

      382.380Order declaring bond election result. If at any such general or specialbridge bond election a majority of the electors voting at such election votesin favor of issuing the bonds, the board of county commissioners shall enter anorder in its journal declaring that fact. The order shall be absolutelyconclusive as to the regularity of all the proceedings in reference to thematter.

 

      382.385County commissioners submitting bond issue on own motion. The board ofcounty commissioners of its own motion may submit the question of issuing bondsfor the purposes mentioned in ORS 382.345 at any general election. This may bedone by an order of the board of county commissioners, entered in the journalat least 40 days next preceding any general election. The order shall set outthe amount of bonds proposed to be issued, the length of time they shall runand the maximum rate of interest they shall bear. After having entered suchorder the board of county commissioners shall proceed to submit the question tothe electors of the county in the same manner and with like effect as upon thepetition mentioned in ORS 382.350.