Chapter 381 — Interstate Bridges

2023 EDITION

INTERSTATE BRIDGES

HIGHWAYS, ROADS, BRIDGES AND FERRIES

INTERSTATE BRIDGES UNDER STATE JURISDICTION

381.005 Construction, acquisition and maintenance of Columbia River bridges

381.010 Agreements for carrying out powers

381.015 Requirements for request for proposals or invitation to bid; contents of agreement

381.020 Using funds available for bridge expenses

(Temporary provisions relating to the Interstate 5 bridge replacement project are compiled as notes following ORS 381.020)

381.080 ORS 381.005 to 381.020 as cumulative

381.096 Construction, acquisition and maintenance of Snake River bridges

381.098 Agreements for carrying out powers granted by ORS 381.096

381.100 Requirements for request for proposals or invitation to bid; contents of agreement

INTERSTATE BRIDGES UNDER LOCAL JURISDICTION

381.205 Construction, acquisition, maintenance and connection of interstate bridges by counties, cities, towns and ports

381.210 Agreements for carrying out powers of counties, cities, towns and ports

381.215 Independent or cooperative action

381.220 Contents of agreement

381.225 Using funds available to public body for bridge expenses

381.227 Employment and compensation of attorneys

381.230 Using bond proceeds for bridge expenses; security

381.235 Formal requirements and conditions of bonds

381.237 Issuance of refunding revenue bonds

381.239 Revenue bonds and refunding revenue bonds are negotiable instruments; not deemed general obligations of issuer

381.240 Incurring indebtedness for bridge expenses; issuing voted bonds

381.245 Payment of bond principal and interest with bridge tolls

381.250 Acceptance of funds from United States and gifts

381.255 Selection of bridge sites

381.260 Plans and specifications for bridge construction

381.265 Provision in bridge plans for rail traffic; contracting with railroad companies

381.270 Bids for bridge construction

381.275 Contracts made in name of authority authorizing work

381.280 Bond required with certain contracts

381.285 Power to exercise eminent domain

381.290 Operation of bridge as free or toll bridge

381.295 Bridge, connecting road and approaches as state highway

381.300 Acquisition and operation of interstate ferry by bridge authority

381.302 Acquiring and operating interstate ferry by bridge authority as part of cost of acquiring interstate bridge

381.305 Authority conferred by ORS 381.205 to 381.300 is supplemental authority

381.310 Port of Hood River bridge projects; definitions; agreements; evaluation of proposals

381.312 Tolls, administrative fees and civil penalties in connection with Port of Hood River bridges; rules

381.314 Sale or transfer of Port of Hood River bridge or bridge project

INTERSTATE BRIDGES FINANCED BY COUNTY BONDS

381.405 “Construct,” “construction” and “county court” defined

381.410 Interstate bridges as permanent roads

381.415 Counties given state power to construct bridges

381.420 County financing construction of interstate bridges

381.440 Bond election; petition requirements; debt limitation

381.490 County bonding committee

381.495 Duties and powers of bonding committee

381.500 Terms and conditions of bonds

381.505 Registering bonds

381.510 Bond advertisement and sale

381.515 Custody and disbursement of bond proceeds

381.520 Tax to pay bond interest and principal

INTERSTATE BRIDGES FINANCED BY CITY BONDS

381.605 City construction, operation and financing of interstate bridges

381.611 Bond election; petition requirements

381.615 Majority vote required

381.635 Duties and powers of council

381.640 Terms and conditions of bonds

381.645 Registering bonds

381.650 Bond advertisement and sale

381.655 Custody and disbursement of bond proceeds

381.660 Use of tolls to pay bonded indebtedness and bridge maintenance

381.665 Tax for bridge expense not paid by tolls

381.670 Plans for bridge construction; bids; awarding contract

INTERSTATE BRIDGES CROSSING COLUMBIA RIVER UNDER JURISDICTION OF BISTATE COMMISSION

381.700 Findings

381.702 Definitions

381.705 Creation and purposes

381.710 Governance; rules

381.712 Powers; rules

381.715 Organization and administration; rules

381.720 Real property

381.725 Revenues; rules

381.730 Bridge design and construction

381.735 Bridge operations; rules

381.740 Financing

381.742 Taxation

381.745 Applicable law and jurisdiction; rules

381.750 Implementation and dissolution

381.755 General provisions

INTERSTATE BRIDGES UNDER JURISDICTION OF OTHER STATES

381.824 Interstate bridges of other states or subdivisions made tax-exempt

INTERSTATE BRIDGES UNDER STATE JURISDICTION

381.005 Construction, acquisition and maintenance of Columbia River bridges. (1) The Department of Transportation in the name of the state may construct, reconstruct, purchase, rent, lease or otherwise acquire, improve, operate and maintain bridges over the Columbia River.

(2) Notwithstanding the designation of state highways within this state under ORS 366.005 and 366.220, the department may acquire real property necessary for the Interstate 5 bridge replacement project, together with approaches and connecting roads, on both sides of the Columbia River. For the purposes of the Interstate 5 bridge replacement project, the Oregon Transportation Commission by resolution may designate additional approaches, connecting roads and related facilities within the Interstate 5 corridor on both sides of the Columbia River as a part of the Oregon state highway system. [Amended by 2013 c.4 §4]

381.010 Agreements for carrying out powers. For the purpose of carrying out or putting into effect the right, power and authority granted by ORS 381.005 to 381.080 or any other law, the Department of Transportation in the name of the state may make and enter into agreements with:

(1) The Government of the United States or any of its agencies.

(2) The State of Washington.

(3) Any county, municipality, port or other political subdivisions or agencies of the State of Washington.

(4) Any county, municipality, port or any other political subdivisions of this state.

(5) Any persons, associations, corporations, domestic or foreign.

381.015 Requirements for request for proposals or invitation to bid; contents of agreement. (1) A request for proposals or an invitation to bid issued in accordance with the provisions of ORS 381.005 to 381.080 at a minimum must:

(a) Require the proposer or bidder to comply with the requirements of ORS chapters 279A, 279B and 279C and other applicable laws related to environmental protection, worker health and safety and employment of apprentices; and

(b) State that the contracting agency will give a preference to procuring products, materials and components that are fabricated within the boundaries of this state or the State of Washington to the maximum extent feasible and practicable and taking into consideration:

(A) Applicable state and federal law;

(B) Whether in fabricating the products, materials and components a proposer or bidder can recycle materials or use recycled materials;

(C) Whether the sites at which the products, materials or components are fabricated are in close proximity to the bridge location; and

(D) Whether transportation costs and other conveniences favor or disfavor using products, materials and components manufactured in this state or the State of Washington.

(2) An agreement made or contract entered into pursuant to the authority of ORS 381.005 to 381.080 shall, among other things, contain express provisions with respect to:

(a) The site of the bridge.

(b) The maximum financial obligation assumed by each of the contracting parties.

(d) The sources from which all the funds are to be obtained or derived.

(e) Whether the bridge is to be operated free to the public or as toll bridge.

(f) Any other appropriate matters or provisions consistent with the prudent principles of economy and good business. [Amended by 2009 c.375 §1]

381.020 Using funds available for bridge expenses. The Department of Transportation may use moneys in the State Highway Fund, and any other moneys available to the department, to pay any part of the cost of the construction, purchase, financing, maintenance, operation, repair, reconstruction and improvement of any bridge mentioned in ORS 381.005. [Amended by 2013 c.4 §5]

(Temporary provisions relating to the Interstate 5 bridge replacement project)

Note: Sections 1, 2 and 18, chapter 4, Oregon Laws 2013, provide:

Sec. 1. Section 2 of this 2013 Act is added to and made a part of ORS 381.005 to 381.075 [series became 381.005 to 381.020]. [2013 c.4 §1]

Sec. 2. The Legislative Assembly finds that it is in the interests of this state to undertake the Interstate 5 bridge replacement project, a bistate, multimodal corridor improvement project between the Washington State Route 500 interchange with Interstate 5 in Vancouver, Washington, and the Victory Boulevard interchange with Interstate 5 in Portland, Oregon. The project includes:

(1) New multimodal river crossings;

(2) Replacement, modification and removal of the existing Interstate 5 bridges;

(3) Improvements to existing interchanges; and

(4) Multimodal improvements to facilitate travel in the bistate corridor. [2013 c.4 §2]

Sec. 18. (1) As used in this section, “Interstate 5 bridge replacement project” means the project described in section 2, chapter 4, Oregon Laws 2013.

(2)(a) The Department of Transportation shall require, in accordance with 23 C.F.R. 635.410, that in each public contract that the department awards to a contractor in connection with the Interstate 5 bridge replacement project that steel, iron, coatings for steel and iron and manufactured products that the contractor purchases for the Interstate 5 bridge replacement project and that become part of a permanent structure must be produced in the United States.

(b)(A) The requirement set forth in paragraph (a) of this subsection does not apply if the Secretary of the United States Department of Transportation, or the secretary’s designee, finds that:

(i) The requirement is inconsistent with the public interest;

(ii) Steel, iron, coatings for steel and iron and manufactured products required for the Interstate 5 bridge replacement project are not produced in the United States in sufficient and reasonably available quantities and with satisfactory quality; or

(iii) The requirement set forth in paragraph (a) of this subsection will increase the construction and related costs of the Interstate 5 bridge replacement project, exclusive of labor costs involved in final assembly for manufactured products, by 25 percent or more.

(B) At the earliest practicable time, the department shall give notice of any waiver that the Secretary of the United States Department of Transportation grants. The department shall give the notice by means of the same methods the department used to advertise procurements for the Interstate 5 bridge replacement project, or by other means reasonably suited to notifying contractors and subcontractors of the waiver.

(c)(A) Notwithstanding a finding from the Secretary of the United States Department of Transportation under paragraph (b)(A) of this subsection, a contractor shall spend at least 75 percent of the total amount the contractor spends in connection with the Interstate 5 bridge replacement project on steel, iron, coatings for steel and iron and manufactured products that become part of a permanent structure to purchase steel, iron, coatings for steel and iron and manufactured products that are produced in the United States.

(B) The Director of Transportation may waive the requirement set forth in subparagraph (A) of this paragraph if the director finds that the requirement will increase the cost of a contract the department awards in connection with the Interstate 5 bridge replacement project by 25 percent or more, that steel, iron, coatings for steel and iron or manufactured products are not produced in the United States in sufficient and reasonable quantities and with satisfactory quality to meet the requirement or that the requirement violates regulations promulgated by the Federal Highway Administration of the United States Department of Transportation.

(d) The requirements set forth in this subsection are subject to applicable state and federal trade agreements.

(3)(a) The department, in awarding public contracts in connection with the Interstate 5 bridge replacement project, shall seek to the extent permissible under law, and in compliance with the provisions of 49 C.F.R. part 26, as in effect on March 12, 2013, to:

(A) Ensure nondiscrimination in awarding public contracts;

(B) Remove barriers that prevent disadvantaged business enterprises from obtaining public contracts;

(D) Otherwise seek to implement the policies set forth in ORS 279A.100, 279A.105 and 279A.110.

(b)(A) The Director of Transportation, in consultation with the Governor’s Policy Advisor for Economic and Business Equity, with disadvantaged business enterprises, minority-owned businesses, woman-owned businesses or emerging small businesses certified under ORS 200.055, with contractors and with other knowledgeable persons, shall prepare a plan for complying with the requirements described in paragraph (a) of this subsection and shall deliver the plan not later than January 1, 2014, to an interim committee of the Legislative Assembly with oversight over transportation issues. The plan must include a process for:

(i) Identifying opportunities for disadvantaged business enterprises, minority-owned businesses, woman-owned businesses and emerging small businesses certified under ORS 200.055 to competitively bid for subcontracts and for disadvantaged business enterprises, minority-owned businesses, woman-owned businesses or emerging small businesses to build the capacity necessary to bid for larger contracts; and

(ii) Identifying opportunities to create and foster mentoring relationships between contractors and subcontractors with extensive experience in performing public contracts and disadvantaged business enterprises, minority-owned businesses, woman-owned businesses or emerging small businesses that are certified under ORS 200.055.

(B) The director, in accordance with ORS chapter 183, shall adopt rules that incorporate the plan and that have an effective date that is not earlier than July 1, 2014.

(4)(a) As used in this subsection:

(A) “Apprentice” has the meaning given that term in ORS 660.010.

(B) “Local joint committee” has the meaning given that term in ORS 660.010.

(b) The department shall provide in each public contract that the department awards to a contractor in connection with the Interstate 5 bridge replacement project that apprentices employed in a program that a local joint committee has approved under ORS 660.002 to 660.210 and that has existed for at least two years must perform at least 10 percent of all work hours performed under the public contract. The department shall also require contractors to provide in each of the contractor’s subcontracts that apprentices with the qualifications specified in this paragraph must perform at least 10 percent of the work hours performed under the subcontract.

(c) Paragraph (b) of this subsection does not apply to a contract or subcontract with a contract price that is less than $250,000.

(5) The department shall provide in public contracts that the department awards to a contractor in connection with the Interstate 5 bridge replacement project that:

(a) Each contractor is subject to the same standards and restrictions set forth in federal law or the laws of this state that apply to the entire Interstate 5 bridge replacement project; and

(b) Each contractor’s own contracts with subcontractors must provide that each subcontractor is subject to the same standards and restrictions set forth in federal law or the laws of this state that apply to the entire Interstate 5 bridge replacement project.

(6) The department shall develop goals for specifying types of work and contract prices for contracts that are awarded in connection with the Interstate 5 bridge replacement project so as to maximize economic development opportunities for small businesses. The department shall deliver a plan to achieve the goals not later than January 1, 2014, to an interim committee of the Legislative Assembly with oversight over transportation issues.

(7) The department by rule shall establish a procedure that the department will follow to resolve disputes between the States of Oregon and Washington with respect to the Interstate 5 bridge replacement project. [2013 c.4 §18; 2015 c.565 §22]

381.025 [Repealed by 2007 c.531 §19]

381.030 [Repealed by 2007 c.531 §19]

381.035 [Repealed by 2007 c.531 §19]

381.040 [Repealed by 2007 c.531 §19]

381.045 [Repealed by 2007 c.531 §19]

381.050 [Repealed by 1975 c.771 §33]

381.055 [Repealed by 1969 c.197 §1]

381.060 [Repealed by 1975 c.771 §33]

381.065 [Amended by 1971 c.741 §27; repealed by 2007 c.531 §19]

381.070 [Repealed by 2007 c.531 §19]

381.075 [Repealed by 2013 c.4 §6]

381.080 ORS 381.005 to 381.020 as cumulative. The authority conferred by ORS 381.005 to 381.020 is cumulative and in addition and supplemental to the authority conferred by any other law.

381.085 [Repealed by 1953 c.389 §7]

381.086 [1953 c.389 §1; repealed by 2007 c.531 §19]

381.088 [1953 c.389 §2; 1987 c.447 §123; repealed by 2007 c.531 §19]

381.090 [1953 c.389 §3; repealed by 2007 c.531 §19]

381.092 [1953 c.389 §4; repealed by 2007 c.531 §19]

381.094 [1953 c.389 §5; repealed by 2007 c.531 §19]

381.096 Construction, acquisition and maintenance of Snake River bridges. The Department of Transportation in the name of the state may construct, reconstruct, purchase, rent, lease or otherwise acquire, improve, operate and maintain bridges over the Snake River into the State of Idaho, and may acquire any real property necessary for any such bridge, together with approaches and connecting roads, on both sides of the river. [1955 c.85 §1]

381.098 Agreements for carrying out powers granted by ORS 381.096. For the purpose of carrying out or putting into effect the right, power and authority granted by ORS 381.096 or any other law, the Department of Transportation in the name of the state may make and enter into agreements with:

(1) The Government of the United States or any of its agencies.

(2) The State of Idaho.

(3) Any county, municipality, port or other political subdivisions or agencies of the State of Idaho.

(4) Any county, municipality, port or any other political subdivisions of this state.

(5) Any persons, associations, corporations, domestic or foreign. [1955 c.85 §2]

381.100 Requirements for request for proposals or invitation to bid; contents of agreement. (1) A request for proposals or an invitation to bid issued in accordance with the provisions of ORS 381.096 or 381.098 at a minimum must:

(b) State that the contracting agency will give a preference to procuring products, materials and components that are fabricated within the boundaries of this state or the State of Idaho to the maximum extent feasible and practicable and taking into consideration:

(A) Applicable state and federal law;

(B) Whether in fabricating the products, materials and components a proposer or bidder can recycle materials or use recycled materials;

(C) Whether the sites at which the products, materials or components are fabricated are in close proximity to the bridge location; and

(D) Whether transportation costs and other conveniences favor or disfavor using products, materials and components manufactured in this state or the State of Idaho.

(2) An agreement made or contract entered into pursuant to the authority of ORS 381.096 or 381.098 shall, among other things, contain express provisions with respect to:

(a) The site of the bridge.

(b) The maximum financial and other obligations assumed by each of the contracting parties.

(d) The sources from which all the funds are to be obtained or derived.

(e) Any other appropriate matters or provisions consistent with the prudent principles of economy and good business. [1955 c.85 §3; 2009 c.375 §2]

381.110 [1989 c.264 §5; repealed by 2007 c.531 §19]

INTERSTATE BRIDGES UNDER LOCAL JURISDICTION

381.205 Construction, acquisition, maintenance and connection of interstate bridges by counties, cities, towns and ports. Each county, city, town or port of this state adjoining or bordering on any interstate river or stream of water may:

(1) Construct, reconstruct, purchase, rent, lease or otherwise acquire, improve, operate and maintain bridges over any interstate river or stream of water to any adjoining state.

(2) Subject to other provisions of law, acquire property and use revenues to connect bridges to roads, approaches and other transportation facilities within or outside the county’s, city’s, town’s or port’s boundaries. [Amended by 2017 c.710 §5]

381.210 Agreements for carrying out powers of counties, cities, towns and ports. For the purpose of carrying out or putting into effect the right, power and authority granted by ORS 381.205 to 381.314 or any other law, each of the public bodies or agencies mentioned in ORS 381.205 may make and enter into any agreements with:

(1) The Government of the United States or any of its agencies.

(2) The State of Oregon or any of its agencies.

(3) Any adjoining state, the county, municipality, port or other political subdivision or agency of such adjoining state.

(4) The Oregon Department of Transportation.

(5) Any persons, associations, corporations, domestic or foreign.

381.215 Independent or cooperative action. In carrying out ORS 381.205 to 381.314, each of the counties, cities, towns or ports mentioned in ORS 381.205 may act independent of or in conjunction with each other upon such terms and conditions as may be agreed upon by the contracting parties.

381.220 Contents of agreement. Any agreement made or contract entered into pursuant to the authority of ORS 381.205 to 381.314 shall, among other things, contain express provisions with respect to:

(1) The site of the bridges.

(2) The maximum financial obligation assumed by each of the contracting parties.

(3) The estimated cost of the structure with its approaches and connecting roads.

(4) The sources from which all the funds are to be obtained or derived.

(5) Whether the bridge is to be operated free to the public or as a toll bridge.

(6) Any other appropriate matter or provision consistent with the prudent principles of economy and good business.

381.225 Using funds available to public body for bridge expenses. Any county, city, town or port mentioned in ORS 381.205 may pay out of its respective funds or any other funds available to any of them, all or any part of the cost of the construction, reconstruction, purchase, maintenance, operation or repair of any bridge authorized by ORS 381.205 to 381.314.

381.227 Employment and compensation of attorneys. Whenever any county undertakes the construction or acquisition of an interstate bridge or ferry pursuant to ORS 381.205 to 381.314, the county court or board of county commissioners may employ and pay reasonable compensation to attorneys, including the district attorney of the county, for services heretofore or hereafter performed in connection with the construction or acquisition of such bridge or ferry. Such compensation, which in the case of the district attorney shall be in addition to any other compensation allowed by law, shall be payable solely out of the funds received from the sale of bonds for the construction or acquisition of the bridge or ferry or the revenues derived from the operation thereof. [1953 c.44 §1]

381.230 Using bond proceeds for bridge expenses; security. The construction, purchase, acquisition, operation or maintenance of any bridge or of its approaches authorized by ORS 381.205 to 381.314 may be financed in whole or in part through the issuance and sale of revenue bonds. As security for the payment of the bonds, the total or any part of the revenues from any such bridge may be hypothecated and pledged by the governing authorities purchasing, constructing, operating or maintaining the bridge without the necessity of the electors of the political subdivisions authorizing the same. However, no such hypothecation or pledge of revenues, or the issuance of the revenue bonds shall constitute in any manner, or to any extent be made to constitute, a general obligation of any county, city, town or port making the pledge.

381.235 Formal requirements and conditions of bonds. Revenue bonds mentioned in ORS 381.230:

(1) Shall be made to mature at such times and bear such annual rate of interest, payable semiannually, as the authority issuing them may determine.

(2) May have coupons attached representing the interest payments.

(3) Shall contain a recital that the bonds and the interest thereon shall be limited in payment to the special fund to be derived from tolls or other income from the bridge.

(4) May contain such other terms and conditions and be in such form and signed by such official or officials as the authority issuing the bonds shall determine, but the coupons attached to the revenue bonds need bear only the facsimile signature of the officer designated to sign the coupons.

381.237 Issuance of refunding revenue bonds. (1) Any county, city, town or port mentioned in ORS 381.205, heretofore or hereafter issuing its revenue bonds under ORS 381.205 to 381.314, may thereafter issue and sell its refunding revenue bonds for the purpose of refinancing and redeeming such outstanding revenue bonds at maturity pursuant to redemption provisions, or at any time before maturity either with the consent of the holders thereof or if the bonds shall so provide.

(2) In determining the amount of refunding revenue bonds to be issued:

(a) Due credit shall be given for the application of any sinking funds available for the payment of such outstanding revenue bonds, less appropriate reserves deemed necessary to be retained on account of the refunding revenue bonds.

(b) There may be included in determining such amount the costs and expenses in connection with the issuance and sale of the refunding revenue bonds, the premium, if any, to be paid on any of the revenue bonds to be refunded, the unpaid interest to accrue on the revenue bonds to be refunded prior to the retirement thereof, and the cost of any improvements to the bridge then determined by the governing authority to be necessary or advisable.

(3) The refunding revenue bonds shall be secured in the same manner and be payable from the same source as the revenue bonds refinanced and redeemed as may be otherwise provided in the resolution adopted by the governing authority of the county, city, town or port, but in no event shall such refunding revenue bonds constitute general obligations of the county, city, town or port, nor an indebtedness or liability within the meaning of any constitutional limitation or provision. [1953 c.648 §2]

381.239 Revenue bonds and refunding revenue bonds are negotiable instruments; not deemed general obligations of issuer. All revenue bonds and refunding revenue bonds issued under ORS 381.205 to 381.314 shall be negotiable instruments under the law merchant, notwithstanding they shall be payable solely from the revenues pledged for that purpose. None of such bonds shall be deemed a charge upon the tax or other revenues of the issuing entity. [1951 c.648 §4]

381.240 Incurring indebtedness for bridge expenses; issuing voted bonds. Any and all of the counties, cities, towns or ports mentioned in ORS 381.205, independently or in conjunction with each other, may incur indebtedness and issue negotiable bonds therefor in order to obtain funds for the whole or any part of the cost of the construction, reconstruction, purchase, acquisition or maintenance of the bridges authorized by ORS 381.205 to 381.314 when so authorized by the electors of the county, city, town or port. The proposition to incur such indebtedness and to issue bonds therefor may be submitted to the electors of the political subdivision at any general or special election.

381.245 Payment of bond principal and interest with bridge tolls. If any bridge constructed, purchased or otherwise acquired under ORS 381.205 to 381.314 is operated as a toll bridge, and the revenues or any part thereof derived as a result of the tolls and charges collected have been pledged and revenue bonds issued, in fixing and determining the amount of tolls to be charged consideration shall be given, among other things, to the amount necessary to be received to pay the interest upon the revenue bonds and to provide for the retirement of the principal of the bonds. Provisions shall be made for the application of the revenue so received to the payment of the interest and principal of the revenue bonds as their respective payments become due.

381.250 Acceptance of funds from United States and gifts. In carrying out ORS 381.205 to 381.314 each of the counties, cities, towns or ports mentioned in ORS 381.205 may:

(1) Accept from the United States or any of its agencies such funds as are available for any of the purposes contemplated by ORS 381.205 to 381.314, and enter into such contracts and agreements with the United States or any of its agencies as may be necessary, proper and convenient, not contrary to the laws of this state.

(2) Accept from any source any grant or donation of land or any gift of money or other valuable thing made available for any of the purposes contemplated by ORS 381.205 to 381.314.

381.255 Selection of bridge sites. The parties contracting for the construction of any bridges under ORS 381.205 to 381.314 shall select and agree upon sites, but no such bridge shall be constructed unless it connects or provision is made for connection with a state and federal highway in this state and any state or federal highway in the adjoining state.

381.260 Plans and specifications for bridge construction. Before any bridge is constructed by any of the counties, cities, towns or ports mentioned in ORS 381.205, the authorities desiring to construct the same shall select the location of the bridge and prepare the plans and specifications and the estimated cost of the structure, including rights of way, approaches and connecting roads.

381.265 Provision in bridge plans for rail traffic; contracting with railroad companies. (1) Preparation of the specifications and designs of any bridge constructed under ORS 381.205 to 381.314 may give consideration to and include provisions for facilities and accommodations for traffic by rail as well as for traffic by motor vehicle, team, bicycle, pedestrian or other regular highway traffic.

(2) If provision is made for rail traffic, then the agencies under whose jurisdiction and control the bridge has been constructed may contract with any railroad companies for the use of the part of the bridge constructed to accommodate traffic by rail. The contract may be upon such terms and conditions as the interested parties may agree. [Amended by 2017 c.710 §6]

381.270 Bids for bridge construction. Competitive bids shall be invited for the construction of any bridge mentioned in ORS 381.260 in conformity with the plans, specifications and design. The call for bids shall require that each bidder accompany the bid with a certified check or a bidder’s bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 in the amount of not less than five percent of the amount of the bid. The contract, if awarded, shall be awarded to the bidder adjudged to be the lowest and best, responsible bidder. Any and all bids may be rejected and refused if it appears to be the best interest of the general public. [Amended by 1991 c.331 §60; 1997 c.631 §468]

381.275 Contracts made in name of authority authorizing work. All contracts made and entered into for the construction, purchase, acquisition, reconstruction, improvement or repair of any bridge mentioned in ORS 381.205 shall be made in the name of the authority authorizing performance of the work.

381.280 Bond required with certain contracts. There shall be required, in connection with all contracts mentioned in ORS 381.275 and involving the employment of labor and materials, a satisfactory bond in a sum not less than 50 percent of the total amount of the contract. The bond:

(1) Shall be conditioned upon the faithful performance of the contract.

(2) Shall contain a condition that the contractor shall promptly, as due, make payments to all persons supplying the contractor, or the subcontractors, labor and materials of the contractor for the performance of the work, and that such contractor shall pay all contributions or amounts due to the State Industrial Accident Fund from such contractor or subcontractors of the contractor incurred in the performance of the contract.

(3) May contain such other conditions or provisions as the Oregon authority performing the work or the lawful constituted authority of the adjoining state may require.

381.285 Power to exercise eminent domain. Any county, city, town or port mentioned in ORS 381.205 may exercise the power of eminent domain to carry out any of the provisions of ORS 381.205 to 381.314 in accordance with the procedure provided in ORS chapter 35. [Amended by 1971 c.741 §28]

381.290 Operation of bridge as free or toll bridge. Any bridge constructed, purchased or otherwise acquired and operated under ORS 381.205 to 381.314 may be operated free to the public or on toll. If operated on toll, the revenues therefrom may be pledged as provided in ORS 381.230.

381.295 Bridge, connecting road and approaches as state highway. The connecting road and approaches to any bridges mentioned in ORS 381.205, on the Oregon side of the interstate river, together with the bridge to the center of the channel of the river, shall be part of the Oregon state highway system and shall be so declared and designated by the Department of Transportation by an appropriate resolution duly adopted and entered in the minutes and records of the department.

381.300 Acquisition and operation of interstate ferry by bridge authority. In the event that any county, city, town or port mentioned in ORS 381.205 has purchased or acquired or agreed to purchase or acquire any ferry which is being operated in carrying passengers and freight over and across any interstate river or stream at or in proximity to the site or location of a bridge constructed or to be constructed under ORS 381.205 to 381.314, the authority constructing the bridge may:

(1) Enter into an agreement with the political subdivision which has acquired or agreed to acquire the ferry, succeeding to its rights upon such terms and conditions as may be mutually agreed to by the interested parties.

(2) Operate the ferry free to the public or on tolls. If operated on tolls the revenues derived therefrom may be pledged and revenue bonds issued and sold in the same manner as provided in ORS 381.230 and 381.235 for the pledging of the tolls received from bridges and issuing revenue bonds thereon and therefor.

381.302 Acquiring and operating interstate ferry by bridge authority as part of cost of acquiring interstate bridge. (1) Whenever any county, city, town or port mentioned in ORS 381.205, heretofore or hereafter determines through its governing authority to construct a bridge under ORS 381.205 to 381.314, it may, as a part of the cost of the bridge, include and acquire any then existing and operating ferry, with appurtenant properties, which the governing body determines to be serving the same area to be served by the proposed bridge and the continued operation of which would adversely affect the traffic on the bridge.

(2) Any ferry thus acquired may be operated by the authority constructing such bridge free or on tolls, and if operated on tolls, the tolls charged shall be pledged to the payment of its revenue bonds and interest thereon issued on account of the bridge. Tolls thus collected shall be sufficient to meet all operating costs and expenses, including insurance, maintenance and a reasonable depreciation, and such payments as may have been determined by the governing authority to be necessary to apply on the amortization of the principal and interest of the revenue bonds during the period pending the completion and opening of the bridge.

(3) Upon the opening of such bridge to traffic, and thereafter while the bridge is open to traffic, no ferry thus acquired shall operate. The property used in the operation of any such ferry may be sold or disposed of by the governing authority in such manner as will protect the bridge from the competition thereof.

(4) Acquisition of any such ferry may be made upon such terms as the governing authority shall determine, and the acquisition price may be made payable not later than the time of the opening of the bridge.

(5) Whenever the governing authority of the county, city, town or port determines to proceed in accordance with this section to acquire any ferry as a part of the cost of a bridge, and to thereafter operate such ferry as permitted by this section, it may do so regardless of whether such ferry operates from a point within the boundaries of the county, city, town or port, provided that there has been received a report of engineers indicating the advisability of the acquisition of such ferry in connection with the construction and operation of the bridge. [1953 c.648 §3]

381.305 Authority conferred by ORS 381.205 to 381.300 is supplemental authority. The authority conferred by ORS 381.205 to 381.300 is in addition and supplemental to the authority conferred by any other law.

381.310 Port of Hood River bridge projects; definitions; agreements; evaluation of proposals. (1) As used in this section and ORS 381.312:

(a) “Bridge” means an existing bridge, or a completed bridge that results from a bridge project, and any related facilities.

(b) “Bridge project” means a project to construct, reconstruct or replace a bridge that spans the Columbia River, and any related facilities, that a private entity undertakes in accordance with:

(A) An agreement with the Port of Hood River that requires the private entity to fund, in whole or in part, the construction, reconstruction or replacement; and

(B) Rules that the port adopts in accordance with subsection (4)(b) of this section.

(c) “Bridge project activity” means an activity that a private entity undertakes in accordance with an agreement with the Port of Hood River to plan, acquire, finance, develop, design, construct, reconstruct, replace, improve, maintain, manage, repair, lease, operate or otherwise develop a bridge that spans the Columbia River to Washington State and any related facilities.

(d) “Related facilities” means real or personal property for:

(A) Operating, maintaining, renovating or facilitating the use of a bridge;

(B) Providing goods and services to people who use a bridge; or

(C) Generating revenue that can reduce tolls or that will be deposited in an account established under an agreement described in this section.

(2)(a) For the purposes set forth in paragraph (b) of this subsection and subject to the requirements of subsection (3) of this section, the Port of Hood River may enter into an agreement for a bridge project that is partially or completely within the port’s district.

(b) The purposes of entering into an agreement under paragraph (a) of this subsection are to:

(A) Develop an expedited project delivery process;

(B) Maximize innovation in project design, construction, delivery or financing; and

(3)(a) An agreement under subsection (2) of this section must, at a minimum, specify:

(A) At what point in the bridge project the public and private partners will assume responsibility for specific elements of the bridge project;

(B) How the public and private partners will share costs and risks of the bridge project;

(D) Incentives to perform and penalties for a failure to perform an element of the bridge project;

(E) Accounting and auditing standards for evaluating work on the bridge project; and

(F) Whether the bridge project is consistent with the plan that the Oregon Transportation Commission developed under ORS 184.618 and any applicable regional transportation plans or local transportation system programs and, if the bridge project is not consistent with the plans or programs, how and when the bridge project will become consistent with the plans and programs.

(b) In addition to the specifications set forth in paragraph (a) of this subsection, the agreement must:

(A) Establish an account into which proceeds from tolls, administrative fees and civil penalties from the bridge may be deposited;

(B) Provide that the public has dedicated and unrestricted use of the bridge for the duration of the bridge’s functional life unless the port, a state government or the federal government declares an emergency that forbids using the bridge; and

(C) Provide that construction of the bridge project may not proceed until the Department of Transportation has issued, in accordance with ORS 374.305, any permits that are necessary to connect the bridge project to state highways.

(c) The port may include in an agreement under subsection (2) of this section any financing mechanisms, including but not limited to imposing and collecting franchise fees, user fees or tolls, and any other revenue sources the public and private partners may use.

(4)(a) ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C do not apply to an agreement that the port enters into under subsection (2) of this section, or to bridge project activity undertaken in accordance with the agreement, except that if the bridge project activity is a public works, as defined in ORS 279C.800:

(A) ORS 279C.380, 279C.385, 279C.390 and 279C.800 to 279C.870 apply to the bridge project activity; and

(B) Any agreement for constructing, reconstructing, performing a major renovation on or painting the bridge project must provide for paying workers under the agreement in accordance with ORS 279C.540 and 279C.800 to 279C.870.

(b) Before entering into an agreement under subsection (2) of this section, the port shall adopt rules that substantially conform with the rules that the Department of Transportation has adopted, as of January 1, 2018, to implement the provisions of ORS 367.800 to 367.824.

(5) Sensitive business, commercial or financial information that a private entity provides to the port for the purpose of evaluating a proposal from the private entity for a bridge project is exempt from disclosure under ORS 192.311 to 192.478. The terms of a proposed or final agreement between the port and a private entity are subject to disclosure under ORS 192.311 to 192.478.

(6)(a) In evaluating proposals for a bridge project, in addition to considering a proposer’s estimate of the cost for the bridge project, the port shall consider all of these elements:

(A) The qualities of the design that the proposer submits, if appropriate, including:

(i) The structural integrity of the design and how the design will likely affect future costs of maintaining the bridge;

(ii) The aesthetic qualities of the design and other aspects of the design such as the width of lane separators, landscaping and sound walls;

(iii) The traffic capacity of the design;

(iv) Aspects of the design that affect safety, such as lane width, the quality of lane markers and separators, the shape and positioning of ramps and curves and changes in elevation; and

(v) The ease with which traffic will pass through any toll collection facilities.

(B) The extent to which the bridge project will involve small businesses. The port shall encourage small businesses to participate in the bridge project to the maximum extent that the port determines is practicable. As used in this subparagraph:

(i) “Small business” means an independent business with fewer than 20 employees and with average annual gross receipts during the last three years of not more than $1 million for construction firms and not more than $300,000 for businesses that are not construction firms.

(ii) “Small business” does not include a subsidiary or parent company that belongs to a group of firms that the same individuals own or control and that have average aggregate annual gross receipts during the last three years in excess of $1 million for construction firms or $300,000 for firms that are not construction firms.

(C) The proposer’s financial stability and ability to provide funding for the bridge project and obtain, or act as, a surety for the proposer’s performance and financial obligations with respect to the bridge project.

(D) The experience of the proposer and the proposer’s subcontractors in engaging in bridge project activities of a size and scope similar to the bridge project activity that the port proposes.

(E) The terms of the financial arrangement that the proposer accepts or proposes with respect to franchise fees, license fees, lease payments or operating expenses and the proposer’s required rate of return from engaging in the bridge project activity.

(F) The terms that the proposer offers for engaging in the bridge project activity, including:

(i) The amount of proposed tolls and administrative fees;

(ii) Schedules for altering tolls and administrative fees; and

(iii) Any restrictions or conditions on future increases in tolls or administrative fees.

(b) After considering the elements described in paragraph (a) of this subsection in a public hearing, the port shall select a proposal that provides the best overall public value. In determining the best overall public value, the port must find that the selected proposal, compared to other proposals, is likely to:

(A) Reduce the cost of constructing the bridge project;

(B) Accelerate the schedule for completing the bridge project; and

(7) Notwithstanding any other provision of this section, the port may use any method to award a contract, agreement, franchise or license that is necessary to comply with the requirements of a grant or other funding source.

(8) Before entering into an agreement under subsection (2) of this section, the port shall engage legal counsel for the purpose of:

(a) Advising the port concerning the legality of specific proposed partnerships;

(b) Advising the port concerning legal procedures and practices that are related to implementing a bridge project in a public-private partnership;

(d) Advising the port concerning accounting, investment and tax requirements that apply to a bridge project the port undertakes in a public-private partnership; and

(e) Advising the port concerning any relevant federal securities or other laws and related disclosure requirements.

(9) For purposes of complying with applicable state and local land use laws, including statewide planning goals, comprehensive plans, land use regulations, ORS chapters 195, 196, 197, 197A, 198, 199, 215, 221, 222 and 227 and any requirement that the Land Conservation and Development Commission imposes, a bridge project is a project of the port and is not a project of any other person or entity.

(10) A bridge project undertaken under ORS 381.205 to 381.314 is:

(a) Exempt from ad valorem property taxation; and

(b) A state highway for the purposes of law enforcement and the application of the Oregon Vehicle Code.

(11) ORS 381.270, 381.275 and 381.280 do not apply to a bridge project that a private entity undertakes.

(12) ORS 381.270 does not apply to a bridge that the Port of Hood River constructs, reconstructs or replaces. [2017 c.710 §2]

Note: 184.618 was repealed by section 140, chapter 750, Oregon Laws 2017. The text of 381.310 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 381.310 for the repeal of 184.618 has not been made.

381.312 Tolls, administrative fees and civil penalties in connection with Port of Hood River bridges; rules. (1) The Port of Hood River, or any private entity or unit of government that the port designates to operate a bridge in an agreement the port enters into under ORS 381.205 to 381.314, may establish, collect or alter a reasonable toll, administrative fee or civil penalty in connection with the bridge.

(2) The port or the private entity or unit of government that the port designates shall deposit any proceeds from a toll, administrative fee or civil penalty into an account established under an agreement described in ORS 381.310. The port or unit of government shall deposit the share of proceeds that the port or unit of government receives with a depository that meets the requirements set forth in ORS chapter 295. A private entity shall deposit the share of proceeds that the private entity receives with an insured institution, as defined in ORS 706.008.

(3)(a) The Department of Transportation, on behalf of the port, shall:

(A) Assess and collect the amount of a toll that a person fails to pay, plus a civil penalty and administrative fee; and

(B) Refuse to renew the motor vehicle registration of the motor vehicle of a person that failed to pay a toll, a civil penalty or an administrative fee assessed under this subsection.

(b) For the purpose of conducting the activities described in paragraph (a) of this subsection, the department shall:

(A) Treat a toll established in connection with the bridge as a toll that was established under ORS 383.004;

(B) Apply the exemptions set forth in ORS 383.035 (5); and

(C) Adopt rules to establish a process by means of which the port, a private entity or a unit of government may request action from the department under this subsection. [2017 c.710 §3; 2021 c.630 §160]

381.314 Sale or transfer of Port of Hood River bridge or bridge project. (1) The Port of Hood River may sell or otherwise transfer ownership of a bridge or bridge project that the port owns if, in an agreement for the sale or transfer, the port provides that:

(a) The sale or transfer is subject to an easement in favor of public use for the duration of the functional life of the bridge or bridge project;

(b) The port has a right of first refusal in any subsequent sale or transfer under which the seller must offer the port a price, terms and conditions that are the same as or better than the price, terms and conditions that the seller offers to any other prospective purchaser; and

(c) The state has a right of first refusal that the state may exercise if the port declines to purchase the bridge or bridge project under paragraph (b) of this subsection and under which the seller must offer the state a price, terms and conditions that are the same as or better than the price, terms and conditions that the seller offers to any other prospective purchaser.

(2) A right of first refusal described in subsection (1)(b) or (c) of this section does not apply to a sale or transfer of a bridge or bridge project to a subsidiary or affiliate of the seller. [2017 c.710 §4]

INTERSTATE BRIDGES FINANCED BY COUNTY BONDS

381.405 “Construct,” “construction” and “county court” defined. As used in ORS 381.405 to 381.520:

(1) “Construct” includes repair, maintain, improve or other words of similar meaning.

(2) “Construction” includes repair, maintenance, improvement or other words of similar meaning.

(3) “County court” means the county court of the county in which the bridge mentioned in the context is situated, and includes the board of county commissioners or other constituted authorities in the county having control of bridge construction.

381.410 Interstate bridges as permanent roads. Bridges over rivers and bodies of water forming interstate boundaries are permanent roads and include approaches and viaducts leading thereto.

381.415 Counties given state power to construct bridges. For the purposes of ORS 381.405 to 381.520 the right, power and authority of the state to construct bridges, viaducts and roadways over navigable streams and the beds thereof or upon any state lands is granted and given to all counties.

381.420 County financing construction of interstate bridges. Counties may borrow money for the purpose of constructing interstate bridges and issue bonds to evidence such indebtedness.

381.425 [Repealed by 1991 c.220 §15]

381.430 [Repealed by 1991 c.220 §15]

381.435 [Repealed by 1991 c.220 §15]

381.440 Bond election; petition requirements; debt limitation. (1) This section establishes the procedure for determining whether a county shall issue bonds for the construction of an interstate bridge under ORS 381.420. The question shall be decided by election. The county court:

(a) May order the election on its own resolution; or

(b) Shall order the election when a petition is filed as provided in this section.

(2) The order of the county court calling the election shall set out the amount of bonds proposed to be issued, the length of time they shall run and the maximum rate of interest they shall bear.

(3) The requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition in ORS 250.165 to 250.235.

(4) Notwithstanding subsection (3) of this section, if ORS 250.155 makes ORS 250.165 to 250.235 inapplicable to a county, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under the county charter or an ordinance adopted under the county charter.

(5) Notwithstanding subsection (1) of this section, if the county debt for the construction of permanent roads already incurred or authorized, together with the new debt sought to be created by the petition, exceeds two percent of the assessed valuation of the county, then the county court shall not call an election under this section.

(6) An election under this section shall be held on a date specified in ORS 203.085. The election shall be conducted under ORS chapters 246 to 260.

(7) A county may hold no more than one election under this section in any 12-month period. [Amended by 1983 c.350 §248]

381.445 [Repealed by 1983 c.350 §331a]

381.450 [Repealed by 1983 c.350 §331a]

381.455 [Repealed by 1983 c.350 §331a]

381.460 [Repealed by 1983 c.350 §331a]

381.465 [Repealed by 1983 c.350 §331a]

381.470 [Repealed by 1983 c.350 §331a]

381.475 [Repealed by 1983 c.350 §331a]

381.480 [Repealed by 1983 c.350 §331a]

381.485 [Repealed by 1983 c.350 §331a]

381.490 County bonding committee. The county court is created a bonding committee of the county. The judge of the county court or chairperson of the board of county commissioners shall be chairperson and the county clerk shall be secretary of the bonding committee.

381.495 Duties and powers of bonding committee. If the electors of the county approve the issuance of bonds, the bonding committee shall arrange to issue and sell the bonds. The bonding committee may arrange the form, details and sale of the bonds in a manner consistent with ORS 381.405 to 381.520. [Amended by 1983 c.350 §249]

381.500 Terms and conditions of bonds. (1) The bonds mentioned in ORS 381.420 shall:

(a) Be in denominations of $100 or more, but not exceeding $1,000.

(b) Run not to exceed 30 years from the date of issuance.

(d) Have interest coupons attached to them, one coupon for each interest payment that will be made.

(e) Be signed by the judge of the county court or chairperson of the board of county commissioners and the county clerk. The interest coupons shall bear the printed facsimile signatures of the county judge or chairperson of the board of county commissioners and the county clerk.

(f) Be sealed with the seal of the county.

(g) Bear the certificate of the county treasurer over the signature of the county treasurer that they have been registered in the office of the county treasurer, naming the date of register.

(2) The bonds and interest coupons shall:

(a) Be lithographed or printed on good bond paper.

(b) Be made payable to bearer, in any coin or currency which, at the time of payment, is legal tender for the payment of public and private debts within the United States.

(c) Be paid by the county treasurer upon presentation at the office of the county treasurer or at the fiscal agency of the state in New York City, upon the date of payment named thereon.

381.505 Registering bonds. The county treasurer shall keep a register of all the bonds issued or sold under ORS 381.405 to 381.520, noting therein the number of bonds, amount, date of issuance, date of sale and such facts as in the judgment of the county treasurer serve to keep an accurate record of the bonds so issued and sold.

381.510 Bond advertisement and sale. (1) The bonding committee shall advertise in one newspaper in the county, if there is one, in one leading newspaper in Portland, Oregon, and in one leading financial newspaper in New York City for two weeks before any sale of bonds, the fact of the sale, inviting bids for the bonds and stating such facts as will interest prospective purchasers. For example, the date and place of sale, the terms of sale, the character of the bonds, the amount, interest and denomination of the bonds, the fact that all bids must be accompanied by a certified check for five percent of the amount of the bid, that any and all bids may be rejected, that the bonds may be sold only for cash, not below par, and to the highest bidder and such other facts as may in the judgment of the bonding committee procure the most advantageous sale of the bonds may be stated.

(2) All bids to purchase bonds shall be sealed and accompanied by a certified check for five percent of the amount of the bid. The bonding committee may reject any and all bids.

(3) No bonds authorized by ORS 381.420 shall be sold for less than par or for anything but cash.

381.515 Custody and disbursement of bond proceeds. The proceeds of all the bonds sold under ORS 381.405 to 381.520 shall be paid into the county treasury and shall go into a special bridge fund. Such proceeds shall be disbursed for the purposes for which the bonds are issued.

381.520 Tax to pay bond interest and principal. The county court shall, at the time of making the annual tax levy upon the previous year’s assessment, levy a tax on all the taxable property in the county sufficient to pay the outstanding bonds at maturity and the interest on all outstanding bonds for the current year. The proceeds derived from the tax shall be used only for the payment of the principal and interest of the bonds. Such proceeds shall be paid by the county treasurer to the bearer of the bonds or sent to the fiscal agency at New York City for the payment of the interest coupons upon presentation as provided in ORS 381.500.

INTERSTATE BRIDGES FINANCED BY CITY BONDS

381.605 City construction, operation and financing of interstate bridges. Incorporated cities may construct, maintain and operate toll bridges over rivers and bodies of water forming interstate boundaries, and for such purpose may borrow money and issue and sell bridge bonds to evidence such indebtedness.

381.610 [Repealed by 1983 c.350 §250 (381.611 enacted in lieu of 381.610)]

381.611 Bond election; petition requirements. (1) This section establishes the procedure for determining whether a city shall issue bonds for the construction of an interstate bridge under ORS 381.605. The question shall be decided by election. The city council:

(a) May order the election on its own resolution; or

(b) Shall order the election when a petition is filed as provided in this section.

(2) The order of the city council calling the election shall set out the amount of bonds proposed to be issued, the length of time they shall run and the maximum rate of interest they shall bear.

(3) The requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition in ORS 250.265 to 250.346, except that notwithstanding ORS 250.325, the council shall not consider adoption or rejection of the measure before submitting the measure to the city electors.

(4) Notwithstanding subsection (3) of this section, if ORS 250.255 makes ORS 250.265 to 250.346 inapplicable to a city, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under the city charter or an ordinance adopted under the city charter.

(5) An election under this section shall be held on a date specified in ORS 221.230. The election shall be conducted under ORS chapters 246 to 260. [1983 c.350 §251 (enacted in lieu of 381.610)]

381.615 Majority vote required. The council may issue and sell bonds for the purpose mentioned in ORS 381.605 only upon the approval of a majority of those voting on the question. [Amended by 1983 c.350 §252]

381.620 [Repealed by 1983 c.350 §331a]

381.625 [Repealed by 1983 c.350 §331a]

381.630 [Repealed by 1983 c.350 §331a]

381.635 Duties and powers of council. If the electors of the city approve the issuance of bonds, the council shall arrange to issue and sell the bonds. The council may arrange and provide the form, terms and sale of the bonds, consistent with ORS 381.605 to 381.670. [Amended by 1983 c.350 §253]

381.640 Terms and conditions of bonds. (1) The bonds mentioned in ORS 381.605 shall:

(a) Be in denominations of $100 or more, but not exceeding $1,000.

(b) Run not to exceed 30 years from the end of the respective issues thereof.

(d) Have interest coupons attached to them, one coupon for each interest payment that will be made.

(2) The bonds and interest coupons shall:

(a) Be lithographed or printed on good bond paper.

(b) Be made payable to bearer, in any coin or currency which, at the time of payment, is legal tender for the payment of public and private debts within the United States.

(c) Be paid by the city treasurer upon presentation at the office of the city treasurer or at the fiscal agency of the state in New York City, upon the date of payment named thereon.

(d) Be signed by the mayor and city recorder. The interest coupons shall bear the printed facsimile signatures of the mayor and city recorder.

(e) Be sealed with the seal of the council.

(f) Bear the certificate of the city treasurer, over the signature of the city treasurer, that they have been registered in the office of the city treasurer, naming the date of registry.

381.645 Registering bonds. The city treasurer shall keep a register of all the bonds issued or sold under ORS 381.605 to 381.670, noting therein the number of bonds, amount, date of issuance, date of sale and such facts as in the judgment of the city treasurer serve to keep an accurate record of the bonds so issued and sold.

381.650 Bond advertisement and sale. (1) The bonds shall be advertised and sold to the highest bidder for cash.

(2) The council shall advertise in one newspaper, if there is one, in the county in which the municipality is located, in one leading newspaper in Portland, Oregon, and in one leading financial newspaper in New York City for two weeks before any sale of bonds, the fact of the sale, inviting bids for the bonds and stating such facts as will interest prospective purchasers. For example, the date and place of sale, the terms of sale, the character of the bonds, the amount of interest and denomination of the bonds, the fact that all bids must be accompanied by a certified check for five percent of the amount of the payment, that any and all bids may be rejected, that the bonds may be sold for cash only and to the highest bidder and such other facts as may in the judgment of the council procure the most advantageous sale of the bonds may be stated.

(3) All bids to purchase bonds must be sealed and accompanied by a certified check for five percent of the amount of the bid. The council may reject any and all bids.

381.655 Custody and disbursement of bond proceeds. The proceeds of all the bonds sold under ORS 381.605 to 381.670 shall be paid into the city treasury and shall go into a special bridge fund. Such proceeds shall be disbursed for the purposes for which the bonds are issued.

381.660 Use of tolls to pay bonded indebtedness and bridge maintenance. (1) Tolls shall be fixed, charged and collected for passage over the bridge mentioned in ORS 381.605, and shall be so fixed and adjusted as to provide a fund sufficient to pay the principal and interest of the bonds issued for such bridge and an additional fund to pay the cost of maintaining, repairing and operating such bridge.

(2) The tolls, except such part thereof as may be necessary to pay the cost of maintaining, repairing and operating the bridge, shall be placed in a special fund, which is pledged to and charged with the payment of the bonds and the interest thereon.

381.665 Tax for bridge expense not paid by tolls. Should the tolls and revenues procured for the use of the bridge be insufficient to pay the cost of maintaining, repairing and operating the bridge and the interest and principal upon bonded indebtedness as it accrues, the city council may each year levy and collect taxes upon all property, real and personal, situated within the boundaries of the municipality and which is by law taxable for state and other purposes, sufficient to provide for such deficit, subject, however, to charter provisions and the provisions of the Oregon Constitution with respect to debt limitations.

381.670 Plans for bridge construction; bids; awarding contract. (1) The council shall cause to be prepared surveys, plans, specifications and estimates for the materials to be used and the manner and method of construction of any bridge constructed under ORS 381.605 to 381.670.

(2) The council shall invite bids for the construction of any such bridge in conformity with the plans and specifications.

(3) The council shall award the contract to the lowest and best responsible bidder, but any and all bids may be rejected if it appears to the best interests of the general public. [Amended by 1971 c.659 §5]

INTERSTATE BRIDGES CROSSING COLUMBIA RIVER UNDER JURISDICTION OF BISTATE COMMISSION

381.700 Findings. The Legislative Assembly finds and declares that:

(1) Interstate toll bridges owned by local governments provide critical links for the transport of workers, services, tourism and emergency response between the State of Oregon and the State of Washington, and for Oregon businesses to transport local agricultural products, forest products, rock, gravel and manufactured products within the region and to national markets.

(2) Existing interstate toll bridges owned by local governments are becoming functionally obsolete, weight-restricted, seismically deficient and hazardous for marine freight, and need to be replaced.

(3) Replacement of aging interstate toll bridges by local governments is extremely challenging, and the local governments that own or are served by the bridges require additional means to address the problem. For some bistate regions, the successful replacement and subsequent operation of interstate toll bridges is best accomplished by an independent bistate governmental authority, chartered by local governments, with sufficient powers to efficiently and equitably develop, operate, maintain, toll and finance a replacement bridge. [2022 c.7 §1]

381.702 Definitions. As used in ORS 381.702 to 381.755, unless the context requires otherwise:

(1) “Board” means the board of directors of a commission.

(2) “Bridge” means an interstate toll bridge, including any approaches, that replaces an existing bridge crossing the Columbia River between the State of Oregon and the State of Washington.

(3) “Bridge finance plan” means a plan adopted by a board to finance the design, construction, operation, maintenance, administration and governance of a bridge replacement project.

(4) “Bridge replacement project” means a project undertaken by a commission to replace an existing bridge, including but not limited to any approaches, buildings, structures, facilities, equipment, improvements, tolling systems and software and appurtenances necessary or incidental to the new bridge.

(5) “Commission” means a public corporation formed under ORS 381.705 with the powers described in ORS 381.712.

(6) “Commission formation agreement” means a bistate agreement among local governments to form a commission.

(7) “Construction” or “construct” means activities, materials and services necessary or incidental to the design and construction of a bridge replacement project, including but not limited to engineering, permitting, property acquisition, procurement, installation of equipment, site work, utility relocation, inspection, start-up, landscaping, hard construction, environmental mitigation, demolition and removal of an existing bridge and associated accounting, legal, administrative, project management and governance activities.

(8) “Debt instrument” means a contractual undertaking, financing agreement or other instrument entered into or issued by a commission to evidence an obligation to repay or guaranty repayment of borrowed moneys, including but not limited to bonds, refunding bonds, notes, loans, interim financing, anticipation notes, certificates, credit enhancement devices or other debt obligations.

(9) “Departments of transportation” means the Oregon Department of Transportation and the Washington State Department of Transportation.

(10) “Director” means a duly appointed member of the board or, when acting in the absence of a director, a duly appointed alternate member of the board.

(11) “Existing bridge” means an existing interstate toll bridge crossing the Columbia River between the State of Oregon and the State of Washington.

(12) “Local government” has the meaning given that term in ORS 174.116 and includes local governments in the State of Washington.

(13) “Operate,” “operation” or “operations” means the activities necessary or incidental to the operation, tolling, maintenance, repair, rehabilitation, renewal or replacement of a bridge, and the associated financial, legal, administrative, management and governance activities.

(14) “Other charges” means administrative and other fees, civil penalties and other amounts established by the commission for use of a bridge.

(15) “Primary place of business” means the state and county within which the principal headquarters office of a commission is established in a commission formation agreement, notwithstanding a subsequent relocation of the principal headquarters office of the commission.

(16) “Public corporation” means a corporation created under ORS 381.705 to perform essential governmental functions for the public purposes described in ORS 381.705 that, when issuing bonds or other debt instruments, acts on behalf of the local governments as a constituted authority, within the meaning of regulations adopted by the United States Department of the Treasury and rulings of the Internal Revenue Service under section 103 of the Internal Revenue Code.

(17) “State” means the State of Oregon or the State of Washington. [2022 c.7 §2]

381.705 Creation and purposes. (1) Upon enactment by the State of Washington of legislation having the same material effect as ORS 381.702 to 381.755, local governments may enter into a commission formation agreement to form and charter a commission under this section. The commission is a public corporation formed under the laws of the State of Oregon and the State of Washington, vested with the powers and duties granted by ORS 381.702 to 381.755. The commission shall perform an essential governmental function and exercise the commission’s powers for the public purposes described in this section.

(2) Local governments by resolution may enter into a commission formation agreement, consistent with the requirements of ORS 381.702 to 381.755, to charter and form a commission. A commission formation agreement at a minimum must be approved and executed by the owner of an existing bridge and by the governing bodies of the counties within which an existing bridge is situated. A commission formation agreement may be adopted by local governments in phases, provided that all required elements of a commission formation agreement be adopted before a board may authorize the issuance of toll revenue bonds. A commission formation agreement must specify:

(a) A name for the commission;

(b) The date on which the powers granted to the commission by ORS 381.702 to 381.755 become effective;

(d) The composition and appointment process for members of the board as described in ORS 381.710 (1) and (2);

(e) The terms of office and any rules, responsibilities and requirements that apply to the offices of chair and cochair as described in ORS 381.710 (4);

(f) The requirements for formal actions of the board as described in ORS 381.710 (5); and

(g) Any other provisions adopted by a local government, provided that the provisions comply with the applicable laws under ORS 381.745 and do not impair or adversely affect the powers of the commission under ORS 381.702 to 381.755.

(3) A commission formation agreement may allow for a board to amend the provisions of the commission formation agreement pursuant to subsection (2)(d) to (g) of this section and ORS 381.710 (5), and may establish conditions for an amendment.

(4) The purposes of a commission are to:

(a) Design, engineer, develop, finance, refinance, install, equip and construct a bridge to replace and remove an existing bridge;

(b) Act as a cooperative bistate governance structure to develop, own or control, fix and adjust tolls and regulate the use of a bridge;

(d) Perform other duties and exercise other powers as may be conferred upon the commission by law. [2022 c.7 §3]

381.710 Governance; rules. (1) A commission shall be governed by a board of directors. A commission formation agreement must specify the number of voting directors and nonvoting directors, if any, appointed by local governments from each state and by governmental entities that are not local governments, if any, and shall establish procedures for the nomination and appointment of the directors, which may differ by state.

(2) Each nominating authority shall nominate and each appointing authority shall appoint an alternate director for each director it nominates or appoints. The alternate director may act only in the absence of the director for whom the alternate is appointed.

(3) Directors shall serve without compensation, but may be reimbursed for reasonable expenses incurred as an incident to the performance of their duties. Directors shall serve at the pleasure of the appointing authority and may be removed or suspended from office by the appointing authority with or without cause. The commission formation agreement must specify the initial term of office of each director to ensure that subsequent appointments by appointing authorities from each state are reasonably and similarly staggered. Except for the initial appointment of directors, the term of office of a director shall be four years.

(4) The board shall elect two cochairs from among the directors of the board. One cochair must reside in the State of Oregon and the other cochair must reside in the State of Washington. The cochairs shall serve as first cochair and second cochair, with the first cochair responsible for presiding at the commission meetings. The board shall specify which cochair will serve in which position within one year from the date of formation of the commission, after which time the two positions must alternate on an annual basis. The commission formation agreement must establish the terms of office of the cochairs and may establish other requirements for the office of cochair as requested by the local governments.

(5) Formal actions of the board must be taken by ordinance or resolution duly approved at any regular or special meeting of the board. An action of the board is not effective unless there is a quorum present and a majority of the directors present assent to the action. A commission formation agreement must establish the requirements for a quorum and may establish other requirements for formal actions of the board as requested by the local governments.

(6) Unless otherwise provided in an ordinance or resolution adopted by a board, a board has the exclusive right to exercise the powers granted by ORS 381.702 to 381.755, and the exercise of the powers granted to the board by ORS 381.702 to 381.755 may not be subject to any prior or subsequent authorization, approval or concurrence by a local government or other governmental entity in the State of Oregon or the State of Washington.

(7) A board must adopt rules, consistent with applicable laws under ORS 381.745 and a commission formation agreement, regarding the organization, activities and procedures of the board and the commission, as the board may determine. [2022 c.7 §4]

381.712 Powers; rules. (1) In addition to any other powers granted under ORS 381.702 to 381.755, a commission may:

(a) Construct, purchase, lease, acquire, own, operate, maintain, control, hold, sell, convey, dispose of, finance or refinance real property, personal property, facilities, materials, supplies or equipment, or any interest therein, within the State of Oregon or the State of Washington, as the board deems necessary or incidental to the purposes of the commission described in ORS 381.705;

(b) Secure all necessary federal, state and local authorizations, permits and approvals for the construction, maintenance, repair, operation, renewal, financing or refinancing of a bridge;

(c) Adopt, amend or repeal bylaws, rules or regulations, consistent with applicable laws under ORS 381.745 and a commission formation agreement, that further specify the powers and duties of a commission, clarify or interpret provisions in a commission formation agreement or clarify or interpret laws or regulations applicable to the commission;

(d) Receive and accept, with or without consideration, from a federal agency, a state, a local government or any other public or private source, grants, contributions, loans, advances, credit enhancements or other contributions in money, property, labor, materials, services or other things of value to accomplish the purposes of the commission;

(e) Invest the commission’s moneys in investments permitted for municipal corporations and disburse funds for the commission’s lawful purposes;

(f) Make and enter into any contract or agreement the board deems necessary or incidental to the purposes of the commission;

(g) Grant, by franchise, lease or otherwise, the use of any property or facility owned or controlled by the commission and the making of payments for the use;

(h) Create and abolish offices, employments or positions, and employ or contract for professional and other services;

(i) Establish and enforce regulations governing the use of facilities owned or controlled by the commission, the services rendered by the commission and the tolls and other charges issued by the commission;

(j) Adopt and use a corporate seal;

(k) Sue and be sued in the name of the commission;

(L) Establish special funds, and controls on deposits to and disbursements from the special funds, as the commission deems convenient for the implementation of ORS 381.702 to 381.755;

(m) Delegate any of the commission’s powers and duties if consistent with the purposes of ORS 381.702 to 381.755;

(n) Perform other functions necessary or incidental to the purposes of the commission or to the execution of the powers granted under ORS 381.702 to 381.755; and

(o) Exercise other additional powers as may be conferred on the commission by law.

(2) A commission may not impose a tax or an assessment. [2022 c.7 §5]

381.715 Organization and administration; rules. (1) Before construction may begin on a bridge, a board must appoint or retain an executive director to perform the duties and functions of the chief administrator of the commission and exercise the powers conferred upon the executive director by the board or under ORS 381.702 to 381.755. The executive director serves at the pleasure of the board. Subject to any rules adopted by the commission, the executive director may appoint staff or retain consultants to carry out the purposes and duties of the commission.

(2) Before construction may begin on a bridge, the board must appoint or retain legal counsel, including but not limited to bond counsel, to furnish or cause to be furnished to the commission any opinions, advice and counsel requested by the commission, and to represent or oversee the representation of the commission in legal matters or hearings, as directed by the commission.

(3) The commission may employ such engineering, technical, legal, administrative, operating or other personnel, officers or agents on a regular, part-time or consulting basis as the commission deems necessary or beneficial to the performance of the commission’s duties. The commission may fix and provide for the qualification, appointment, removal, term, tenure, compensation, pension and retirement rights of the commission’s officers and employees. Employees of the commission are afforded the labor rights and protections afforded to public employees under the laws of the state within which the primary place of business of the commission is situated.

(4) All privileges and immunities from liability, laws and benefits that apply to directors, officers, agents or employees of a municipal corporation under the applicable laws described in ORS 381.745 apply to the directors, officers, agents and employees of the commission.

(5) The commission may purchase insurance or self-insure to protect and hold personally harmless any of the directors, officers, employees or agents of the commission from any action, claim or proceeding arising out of the performance, purported performance or failure of performance in good faith of duties for or employment with the commission of the directors, officers, employees and agents, and to hold the directors, officers, employees and agents harmless from any expenses connected with the defense, settlement or monetary judgments arising from the actions, claims or proceedings.

(6) The commission may purchase insurance or self-insure against loss or damage to any of the commission’s properties or facilities, damage to persons or property, loss of revenues or other coverages, as the board may elect to accomplish the purposes of the commission. The board may determine the form and amount of the insurance coverage, provided that the insurance amount satisfies the requirements of any agreement arising from the issuance of bonds or other obligations by the commission. The board may enter into intergovernmental agreements with a state, a local government or a combination of states and local governments, to acquire or maintain insurance.

(7) Upon request by the State of Oregon, the State of Washington or a local government, the commission shall furnish information related to the commission’s affairs to the requester. The commission shall prepare an annual report summarizing the major activities and expenditures of the commission for the fiscal year and forecasting the major activities and expenditures of the commission for the following year. The commission shall furnish a copy of the annual report, together with any additional information the commission deems appropriate, to the local governments and other interested parties.

(8) Except as provided in subsection (9) of this section, a board shall prepare and adopt an annual or a biennial budget and make appropriations consistent with this subsection. In no case can the adopted budget expenditure allowances exceed total estimated revenues unless accompanied by proposed legislation to obtain an equivalent amount of additional revenue. The board may adopt, and subsequently amend, a rule establishing requirements and processes for adopting a budget. The board shall:

(a) Establish a budget committee;

(b) Publish a public notice for each meeting of the budget committee;

(d) Adopt the budget, as amended or revised by the board, before the start of the budget period;

(e) Adopt amendments to the adopted budget or adopt supplementary budgets during a budget period, as the board deems appropriate; and

(f) Transmit to local governments a copy of the final budget and any amended or supplementary budgets adopted by the board.

(9) Notwithstanding subsection (8) of this section, a commission is not required to adopt a budget for any year in which the commission does not have revenue and all revenues and expenditures for a bridge replacement project derive from and are authorized by a budget of one or more local governments. [2022 c.7 §6]

381.720 Real property. (1) A commission may finance, refinance, acquire or otherwise assume control of, by purchase, lease, donation or other means, real property or personal property, structures, property rights, franchises, easements or other property interests, whether situated within the State of Oregon or the State of Washington, as the board deems necessary or incidental to the purposes of the commission.

(2) The commission may exercise the power of eminent domain to acquire by condemnation any property, structures, property rights, franchises, easements or other property interests situated within the State of Oregon or the State of Washington as the board deems necessary or incidental to the purposes of the commission, subject to the applicable laws described in ORS 381.745 (3). Property owned or held by a state or a local government may not be taken by the commission without the prior consent of the state or local government. [2022 c.7 §7]

381.725 Revenues; rules. (1) A board shall have the exclusive power to impose, fix and periodically adjust the rate of tolls or other charges for use of a bridge owned or operated by the commission without approval, authorization or concurrence by a state legislature, state toll authority, local government, state agency, state official or other entity. The board may establish and implement rules for specifying the rate of tolls and other charges, including but not limited to discounts, exemptions and distinct rates for certain classes of vehicle and user. Nothing in ORS 383.001 to 383.245 prohibits a commission from establishing or setting a toll or other charge for use of a bridge owned or operated by the commission.

(2) In setting and periodically adjusting toll rates or other charges, a board shall ensure that toll rates and other charges annually yield revenue sufficient to meet the costs, expenses and obligations of the commission, including the satisfaction of the financial and other covenants made by the commission with regard to bonds or other debt instruments.

(3) To enforce the payment of tolls and other charges for use of a bridge, the commission may enter into agreements with the Department of Transportation and an agency of the State of Washington. An agreement may provide that:

(a) The department or agency shall provide information to the commission or the commission’s designee to identify registered owners of vehicles who fail to pay a toll or other charge established by the commission under this section.

(b) If a commission, or a commission’s designee, gives notice to the department or agency that a person has not paid a toll or other charge established under this section, the department or agency shall refuse to renew the motor vehicle registration of the motor vehicle operated by the person at the time of the violation.

(c) The department or agency may renew a motor vehicle registration of a person described in paragraph (b) of this subsection upon receipt of a notice from a commission, or a commission’s designee, indicating that all tolls and other charges established under this section and owed by the person have been paid.

(4) A transponder record or recorded image of a vehicle and the registration plate of the vehicle produced by a photo enforcement system at the time a driver of a vehicle did not pay a toll is prima facie evidence that the registered owner of the vehicle is the driver of the vehicle, provided that, if the registered owner of a vehicle is a person in the vehicle rental or leasing business, the registered owner may identify the person who was operating the vehicle at the time the toll was not paid or pay the toll and other charges. A registered owner of a vehicle who pays a toll or other charge imposed while another person was operating the vehicle of the registered owner is entitled to full reimbursement from the operator. The rights granted to the commission to enforce the payment of tolls and other charges of the commission under ORS 381.702 to 381.755 are supplemental, and the commission may employ all other remedies available to the commission under the laws of the State of Oregon and the State of Washington.

(5) The proceeds from toll rates and other charges of the commission may only be used to pay the necessary and incidental costs and expenses incurred by the commission in connection with owning, constructing, operating, maintaining, renewing and governing a bridge, including but not limited to costs incurred for:

(a) The design, development, construction, equipping, installation, financing or refinancing of the bridge, demolition and removal of the existing bridge and mitigation of associated impacts;

(b) The operation, repair, maintenance, resurfacing, preservation, equipping, improvement, reconstruction, renewal and replacement of the bridge;

(c) The tolling of the bridge, the collection, administration and enforcement of tolls and the acquisition, leasing, maintenance and replacement of tolling equipment and software;

(d) The financing or refinancing of any bonds or other debt instruments of the commission;

(e) A reasonable return on investment for the private financing of the costs, expenses or obligations of the commission;

(f) The establishment and maintenance of reserves or sinking funds approved by the board; and

(g) Any other obligations or expenses incurred by the commission in carrying out the commission’s purposes under ORS 381.702 to 381.755.

(6) The commission may grant to a public or private entity by franchise, lease or in another manner the use or control of all or part of a bridge, property or facility owned or under the control of the commission, and may fix the terms, conditions, rents and other payments for the use or control.

(7) For the purpose of funding a bridge under ORS 381.702 to 381.755, the approaches, connecting roads, related facilities and appurtenances on both sides of the Columbia River are designated as part of the highway system of Oregon. All revenues, receipts, grants, bond proceeds and other funds of the commission may be commingled and spent to carry out the purposes of the commission, unless and to the extent otherwise restricted by the terms of a grant agreement or debt instrument. [2022 c.7 §8]

381.730 Bridge design and construction. (1) The commission shall:

(a) Design and construct a bridge to standards and specifications satisfactory to the departments of transportation;

(b) Comply with all applicable permits, clearances and mitigation requirements; and

(c) Arrange for timely review by the departments of transportation of all pertinent engineering plans, specifications and related reports.

(2) The commission may undertake construction activities that have necessary permits and for which funding is available, provided that before issuing a notice to proceed with the construction of a bridge foundation, the commission shall:

(a) Prepare and adopt an initial bridge finance plan to fund the design, construction, operation, maintenance, administration and governance of the bridge. Before adopting the initial bridge finance plan, a board shall require a feasibility review of the initial bridge finance plan and shall submit the feasibility review to the departments of transportation and the local governments that are parties to the commission formation agreement, for their review. Following receipt of feedback from the departments of transportation and local governments, the board may adopt the initial bridge finance plan. After the initial bridge finance plan is adopted, the board may periodically adjust or amend the initial bridge finance plan; and

(b) Make and enter into a written agreement with the owner of an existing bridge, under terms and conditions that are mutually agreeable, regarding the removal and disposition of the existing bridge. The agreement must address:

(A) The roles, responsibilities and obligations of the parties regarding the removal and disposal of the existing bridge, including the liabilities or potential liabilities incident thereto;

(B) The retirement of the outstanding debt for which toll revenue from the existing bridge is pledged;

(D) The disposition of the property, equipment or other assets incidental to the existing bridge;

(E) Mitigation of impacts to existing bridge operations; and

(F) Any other matters to which the commission and owner of the existing bridge agree.

(3) For purposes of the acquisition, design, construction, installation, operation or maintenance of the bridge, or any combination thereof, the commission, without the prior or subsequent authorization, approval or concurrence by the State of Oregon, the State of Washington, a local government or other governmental entity of either state, may enter into any combination of contracts, agreements or other arrangements with one or more private entities or units of government, or any combination thereof, as the commission may elect, including, but not limited to, any alternative or supplemental public works contract such as design-build and construction manager-general contractor contracts, public-private partnership agreement, lease agreement, franchise agreement or financing agreement, and may include any terms and conditions permitted under the Oregon Constitution and the Washington State Constitution and to which the parties agree.

(4) As part of the construction of a bridge, a commission shall demolish, remove and dispose of an existing bridge in accordance with applicable environmental permits and the terms of an agreement between the commission and owner of the existing bridge. Unless otherwise agreed to by the owner of the existing bridge, the proceeds from the sale of salvaged materials from the existing bridge are owing to the owner. [2022 c.7 §9]

381.735 Bridge operations; rules. (1) A board shall have the exclusive power to adopt and enforce the rules and regulations for the use, operation, maintenance, inspection and preservation of a bridge owned or operated by the commission, including loads permitted on the bridge and closing the bridge to any traffic deemed unsafe by the commission, provided that the commission must comply with all state and federal regulations generally applicable to bridge operations, maintenance, safety and inspections.

(2) A facility or property owned, leased, operated or controlled by the commission may be operated by the commission directly or by a public or private entity pursuant to a contract, lease or agreement.

(3) Compensation to a contractor under an operating contract may be in the form of a payment by the commission to the contractor for services rendered, a payment by the contractor to the commission for the rights to operate the facility or property or other such arrangements as the board may elect.

(4) A state agency or local government may pledge revenue or other assistance to support or guaranty, in whole or in part, the repayment of debt, costs of operations or capitalization of reserves of the commission under such terms as the parties may agree, and the commission may accept the assistance. [2022 c.7 §10]

381.740 Financing. (1) A board, for any lawful purpose of the commission, without the necessity of any assent by electors, local governments or any other governmental entity, may by resolution or ordinance provide for the issuance and sale of:

(a) Revenue bonds or other debt instruments paid from and secured by all or any revenue of the commission;

(b) Short-term obligations, notes, warrants or other debt instruments in anticipation of any grant receipts from the federal government, a state government or a local government or other receipts of the commission; and

(c) Revenue refunding bonds or other refunding debt instruments for the purpose of redeeming, refinancing, extending or unifying, in whole or in part, outstanding bonds or other debt instruments.

(2) To the extent permitted by federal law, bonds and other debt instruments of the commission may be issued as taxable bonds or as tax-exempt bonds under the income tax laws of the United States. Notwithstanding the status of the bonds or other debt instruments for federal income tax purposes, interest paid to the owners of the bonds or other debt instruments of the commission is exempt from personal income taxes imposed by the State of Oregon or any political subdivision, district or municipality thereof.

(3) If the applicable laws under ORS 381.745 are those of the State of Oregon, the commission as a public body may issue and sell:

(a) Revenue bonds or other debt instruments under ORS 287A.150;

(b) Debt instruments to refund outstanding debt instruments under ORS 287A.150 (6) and 287A.360 to 287A.380; and

(4) If the applicable laws under ORS 381.745 are those of the State of Oregon, the commission as a public body shall administer bonds and other debt instruments under ORS 287A.300 to 287A.380, provided that the commission may not issue a general obligation bond or pledge any taxing power to an obligation.

(5)(a) The commission may enter into one or more agreements with a federal agency for grants, loans, advances, credit enhancements or other contributions subject to the applicable federal law.

(b) If the commission enters into an agreement under paragraph (a) of this subsection, the commission is not required to comply with otherwise applicable state statutes that conflict with the applicable federal law.

(6) For the benefit of any holders of bonds or debt instruments that are outstanding or otherwise authorized by a commission:

(a) The board shall continue in effect toll rates and other charges that satisfy ORS 381.702 to 381.755 and the covenants made by the commission, and may not take any action or inaction to impair the board’s ability to do so; and

(b) The State of Oregon, the State of Washington and local governments may not take any action that impairs, diminishes or affects adversely the interest and rights of the holders of bonds or debt instruments of the commission. [2022 c.7 §11]

381.742 Taxation. (1) Notwithstanding the laws of this state or the State of Washington and except as provided in subsection (2) of this section, a state or political subdivision may not require the commission to pay a tax or assessment, or an in lieu of tax or assessment, including but not limited to a property tax, sales tax, use tax or other tax or assessment upon real property or personal property acquired or otherwise under the control of the commission, or upon an activity or expenditure of the commission, or upon the revenues of the commission.

(2) Notwithstanding subsection (1) of this section, a state or political subdivision may require a commission to pay a tax or assessment to the same extent as a municipal corporation. [2022 c.7 §12]

381.745 Applicable law and jurisdiction; rules. (1) A commission is subject to applicable federal law, ORS 381.702 to 381.755, rules adopted by the commission’s board under ORS 381.702 to 381.755 and any state or local laws that apply to a municipal corporation as specified in this section.

(2) Except as provided in subsections (3) and (4) of this section, the commission, the board and the commission’s officials, employees and agents are governed by the laws of the primary place of business. The laws of the primary place of business include, but are not limited to, laws pertaining to local government audits, financial administration and accounting, public records, prohibitions on using facilities for campaign purposes, open public meetings, the code of ethics for municipal officers, the rights of public employees and local government whistleblower protections.

(3) The real estate transactions of, and the exercise of eminent domain by, the commission, including relocation assistance, compliance with land use, environmental and building codes and other actions of the commission pertaining to the ownership, control or use of a particular property site or area as the board may determine by rule, are governed by the laws of the state and local jurisdiction within which the particular property site or area is situated.

(4) If a conflict arises between a provision of ORS 381.702 to 381.755 and a provision of state or local law, the provision under ORS 381.702 to 381.755 controls.

(5) The court of original jurisdiction for any action brought by or against the commission is the court designated under the applicable laws under this section. [2022 c.7 §13]

381.750 Implementation and dissolution. (1) A grantee for a federal, state or local grant for a bridge owned or to be owned by a commission that was awarded before the formation date of the commission is the grantee until the grant is closed under the terms of the grant agreement, unless otherwise agreed to by the grantee and the commission. The governing body of the grantee shall oversee the work under the grant, provided that the grantee coordinate with the commission and not take any actions inconsistent with the policy direction of the commission, unless required by the terms of the grant agreement. Following the formation date of the commission, the commission is the applicant and grantee for all federal, state or local grants for the bridge, unless the commission agrees otherwise. The commission shall establish procedures for the timely coordination of the commission’s activities with the states and local governments.

(2)(a) The departments of transportation and local governments may enter into agreements with a commission to furnish to the commission surveys, engineering, plans, specifications, construction management, project controls, operations, administration and other technical services.

(b) The commission shall reimburse the departments of transportation and local governments for services furnished under paragraph (a) of this subsection.

(3) Before receiving tolls or other charges, the commission may fund activities under ORS 381.702 to 381.755 in any manner permitted by applicable laws under ORS 381.745, including but not limited to:

(a) Borrowing funds from the federal government, the State of Oregon, the State of Washington, a local government or a combination thereof, and repaying the borrowed funds following the opening of the bridge with the proceeds from tolls and other charges for use of the bridge, or in such other manner as the parties may agree;

(b) Receiving a grant from the federal government, the State of Oregon, the State of Washington, a local government or combination thereof; and

(c) Receiving moneys as a subrecipient of a federal, state or local government grant for which a department of transportation or local government is the grantee. To the extent permitted by the grant agreement, the departments of transportation and local governments may enter into agreements with the commission to make a portion of the grant funds available to the commission under the terms and conditions to which the parties agree.

(4)(a) The commission may assign or otherwise convey the commission’s properties, facilities, funds, accounts, obligations or duties to a state agency, local government or combination thereof, provided that the assignment or conveyance does not in any manner impair or affect adversely the interests or rights of the holders of any bonds or other debt instruments of the commission.

(b) A state agency or local government may accept an assignment or conveyance under paragraph (a) of this subsection.

(5) A commission may be dissolved as follows:

(a) Before the commission issues any bonds or other debt instrument, the board may adopt a resolution to dissolve the commission at any time upon determining that the dissolution is in the public interest. The dissolution resolution must address the methods by which all liabilities and obligations of the commission will be satisfied before the effective date of the dissolution, provided that all liabilities incurred by the commission must be satisfied exclusively from the assets and properties of the commission and no creditor or other person shall have any right of action against any local government that formed the commission on account of any debts, obligations or liabilities of the commission. The dissolution resolution must also address the distribution and transference to local governments of any properties or other assets of the commission that may remain after the satisfaction of all commission liabilities and other matters that the board deems appropriate. A resolution to dissolve a commission may not take effect until at least a majority of the local governments in each state agree in writing to the resolution.

(b) After the commission issues bonds or other debt instruments or if the commission is insolvent, the circuit court or superior court for the county in which the primary place of business is situated shall have jurisdiction and authority to appoint trustees or receivers of the property and assets of the commission and supervise such trusteeship or receivership, provided that all liabilities incurred by the commission be satisfied exclusively from the assets and properties of the commission and no creditor or other person shall have any right of action against a local government that formed the commission on account of any debts, obligations or liabilities of the commission. If a commission is dissolved and properties or assets of the commission remain after the satisfaction of all of the commission’s outstanding debts, obligations or liabilities, the remaining property and assets of the commission must be transferred to local governments in accordance with an order issued by the court. The allocation and transfer of the remaining properties and assets of the commission to local governments must be in such manner as the court determines is equitable and serves the public interest. [2022 c.7 §14]

381.755 General provisions. (1) ORS 381.702 to 381.755 must be liberally construed to effectuate the purposes of the commission, and the powers and authority granted to the commission under ORS 381.702 to 381.755 are supplemental to all other powers and authorities granted to municipal corporations under the applicable laws described under ORS 381.745.

(2) A legal challenge to the formation of a commission intended to be authorized or created under ORS 381.702 to 381.755 may not be commenced more than 30 days after the effective date of a commission formation agreement. [2022 c.7 §15]

381.805 [Repealed by 2007 c.531 §19]

381.810 [Repealed by 2007 c.531 §19]

381.815 [Repealed by 2007 c.531 §19]

381.820 [Repealed by 2007 c.531 §19]

INTERSTATE BRIDGES UNDER JURISDICTION OF OTHER STATES

381.824 Interstate bridges of other states or subdivisions made tax-exempt. Every bridge that passes over a river or body of water forming a boundary between this state and another state, and that has been constructed or acquired and is being operated by the other state or by any county, city, port or other municipality of the other state, together with its approaches, is exempt from all property and other taxes in this state, if the other state exempts from all taxation every such interstate bridge, together with its approaches, constructed or acquired and operated by this state or by any county, city, port or other municipality of this state. [2014 c.114 §11; 2017 c.710 §7]

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