The Coos Bay times., March 13, 1909, EVENING EDITION, Page 6, Image 6

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THE COOS BAY TIMES MARSWRELD, OREGON, SATURDAY, MARCH 13, 1909-EVENING EDITION
TEXT OF NEW OREGON- LAW GOVERNING PORT COMMISSIONS
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TWENTY FIFTH
JREGULAR SESSION
(REPRINT)
OREGON
EEG-IS-LATURE
HOUSE BILL No. 28
Introduced by Mr. 1JKAX, nnd read first time January 13y 1100..
A BILL
For an Act entitled "An Act to provide for Incorporation under genera! law of Ports In counties borderineiupon
bays or rivers navigable from the sea or containing bays or rivers navigable from the sea, andlto. provide1
for the nmnner of Incorporating such Ports and defining the- powers of Ports so Incorporated"."'
Bo it enacted by the People of the State of Oregon:
Section 1. Municipal corporations designated as" Ports may be Incorporated' in counties? bordering
2 upon bays or rivers navigable from the sea or containing bays or rtvers navigable from the sea-in. manner
.3 as in this Act hereinafter provided.
....-- n mi, rrtiintiffi.v aUtill tin cMhfstnn t !n 1 1.. tUr tnr-m nP ttoHUVit fnr thn (nrnrnnrnMnn nf f Pdrtftllrr
counties bordering upon bays or rivers navigable from the sea or containing bays or rivers navigable
from the sea.
WARNING.
It Is a felony for any one to sign any Initiative or referendum petition with any name other than hls
own, or to knowingly sign his name more than once for the measure or to sigh such' petition -when' h'eMs
not a legal voter.
Petition For the Incorporation of the Fort or In tins Countr of
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State of Oregon,
tfo the Honorable County Court of the State of Oregon for the County of
' We, the undersigned citizens and legal voter3 0f the State of Oregon- and
and of the County of
" VC, 1110 uuuursiisuvu uui-cua ... .o'" ". "- .... . .0.. -
and residents within the limits of the district In said county hereinafter described", respectfully- demand
that there shall be submitted to me icgai vurag 01 uie ouue 01 urcsou, wu "
residing within thnt portion of - County, State of Oregon, described as beginning (here
insert exterior boundaries of district) at a special election to be called' by said county court, the ques
tion whether or not that portion of County, Oregon, described" a beginning (here insert
description) shall be Incorporated as a municipal corporation to be known as the Port of
(here Insert name of ptoposed corporation) in accordance with the provisions of that certain Act of
the Legislative Assembly of the State of Oregon passed at the regular session in the year 1909, entitled
. t . !.! r innn.tini-niimi nnrlnr nen nrni i.iiv nf nnrts In minifies- Tiorderlntr unon bays or
rivers navigable from the sea, or containing bays or rivers navigable- from the sea, .and to provid&-f6H
. i . -1 .1 . l . it. . O .. . - . J . nMiiHittifl " n rl n i n V f ii I
the manner of incorporating sucn pons aim uuumng uie puwurs oi puna u iiKunn"":u, uu -av,u u,
himself says: I have personally signed this petition; I am a legal voter of the State of Oregon and'of
tho County of , and resident within that portion of sai'd' count- hereinbefore described!
My fesidenco and postofflce address are correctly written after my name.
Nal)10 , Residence PostoffRe
(If In a city, street and number).
((Here follow twenty numbered lines for signatures).
Every such petition and sheets for signatures shall bo printed on pages seven inches In width by ten
Inches in length, with a margin of one and three-fourths Inches at the top for binding. Each and every
sheet of such petition containing signatures shall be verified on the- back- thereof in substantially .the
following form by the person who circulated said sheet by his or Her- affidavit, thereon and ' as- a-i part'
thereof:
State of Oregon,
S3.
County of )
j ( being first duly sworn, say: (here shall be- legibly written or typewritten- the
names of the signers' of the sheet), signed this sheet and each of tlium signed his, name theretc.ini my
presence; I believe that each has stated his name, postofflce address and: residence corrects ami' that
each signer Is a legal voter of the Stato of Oregon and County of , audi resident
within that portion of said county within the boundaries therein stated
(Signature and postofflce address of afflant )
r... ll..l ,1 enrnpn tfl linfnrn Hlf! tills day Of , A. D. 19 .
.. . i .in- ninnn. i.nfnr whmii oaHi Is made .and his nostoflTce address.)
(Signature ami mm ui """' ..-.. -- - -
Tho forms herein aie not mandatory, and If substantially followed It shall be sufficient,. disregarding
any clerical and merely technical errors.
Where a petition Is filed for the Incorporation of a port under the provisions of this Afct, the ter
ritorial limits of which do not Include such county as a whole, tho limits proposed by such-petition shall
not extend beyond tho natural water shed of any drainage busln whose- waters flow Into, another bay,,
estuary or river navigable from the sea situate within such county.
'Section 3 The petition for a special election hereinbefore provided shall bo filed' with the county
clerk of the' county and shall bo presented to tho county court of said county on the first dtty of its next
, ocular session Tho county court shall forthwith examine such petition and if It appmr therefrom
that such petition contains the names of eight per cent, of the cnl voters of that portion of such
county within the exterior boundaries of said district babed upon the whole number of votes cast within
such district for Justice of tho Supreme Court at tho genoial election preceding the filltrg of such peti
tion tho said county court shall call a special election to bo held within such proposed district to be held
not 'less than forty days or more than sixty days as such county court shall determine. At sued election
there shall bo submtlted to tho legal lotcra of that portion of said county embraced' within the limits
described In such petition, whether said portion of said county shall be Incorporated' as a municipal- In
corporation to bo known as the Port of (here insert name set forth In petition) In accord
ance with tht provisions of this Aft.
Tho ballot title to bo used at such special election shall read as follows: "Shull that portion of
County State of Oregon, described as (here insert description) Do incorporated, as t
municipal corporation to 'be known as tho Port of (here Insert proposed name) In accords
unco with the provisions Of that certain Act of tho Legislative Assembly of .tho State of. Oregon passed"
at Its regular session held In 1909 entitled 'An Act to provide for Incorporation under general law of
ports In counties boidering upon bays or rivers navigable from tho sea or containing bays or rivers
navigable f.om the sea, and to provide for tho manner of incorporating such potts and dunning the
powers of ports so Incorporated.' "
Tho afflrmntlvo of tho mensuro upon tho official ballot shall be numbeied 300 and the negative shall
bo numbered 301, both In numerals.
Tho olllclal ballot shall bo prepared by tho county clerk in accordance with tho provisions of the then
existing law relative to elections; tho Judges nnd elorks appointed by the county court for tho preceding
general election shall act as Judges and clerks of such special election, and tho register of voters used
at such preceding election shall bo used at such special etection, and no one but persons authorized to
vote within such district nt a general election held therein shall bo authorized to vote at such special
election. Should any of tho regular Judges or elorks fall to attend such special election their places
shall bo filled In tho manner piovlded by law In cases of general elections.
Tho polls shall he kept opor. between tho hours provided for in eases of general elections nd notice or
tlmo of such spolcal olectlor shall bo posted In each polling precinct in which such measure Is to bo voted
upon In Uko manner as Is piovlded for In cases or general dramn.,
Tho Judges and elorks shall return the canvass- of tho voto together with tho bal'ots cast to the county
clork of tho county In which tho olectlon Is held and on tho sovonth day after tho election the county
court shall hold a special session and proceed to canvass such voto, and If upon such canvass It appears
that a majority of tho votes cast at such special olectlon havo been cast In favor of such incorporation
such county court -hull cause to bo ontered upon tho Journal of such court a proclamation In language
substantially as follows:
"Whoreas at a special olectlon duly nnd regularly held on tho day of , A.
n 13 t within that portion of County, State of Oregon, described as (here Insert
description) there was submlttod to tho legal voters thereof the question whether all that portion of
County Stato of Oregon, described ns (here Insert description) should be incorporated
as tho Port of (hero Insort namo of Port) under nnd pursuant to the provisions of that
certain Act of the Legislative Assombly of tho Stato of Orogon, passed nt Its regular session held In
1909 ontltled 'An Act to provido for Incorporation under genoral laws of Ports in counties bordoring
upon bays and rivers navigable from tho sea or containing hays or rivers navigable from tho sea and
provido for the manner of Incorporating such Poits, and dollnlng tho powers of ports so Incorporated;
and wheieas. at such olectlo'n so held votes were cast In favor of such Incorporation nnd
. votes wore cast against such Incorporation.
"And whereas tho Incorporation of such Port of (hero Insert name) received the afflrmntlvo vote
of tho majority of tho votes cast nt such olectlon, now, therefore, tho county court of the county of
t sjat0 of Orogon, does hereby proclaim and declare that all that part of
County Stato of Orogon, described as (hero Insort description) has hoi duly and legally Incorporated
as a municipal corporation undor tho corporate namo of tho Port of (here Insert name) under nnd pur
suant to and with tho powers vestod In such corporation by virtue of that certain Act of Legislative As
sembly of tho Stato of Oregon, passed at Its session hold In the year 1909, entitled An Act to provWe
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,0, ---,- -, --.. ..- .. P0. U co,,U .oraeH., -.. - "
the sea or cotmlng bays or rivers navigauie irom me seu, uu ir
lng such Ports,, and? defining the powers of Ports so Incorporated.'" inrnrnoratlon of
Section 4. If the county court shall refuse to accept and flle any JZX
.ueh Port, or nrfase to accept a call election as Provided in Section 3 of JlfZZZ
within ten day after sch refusal to the circuit conrt of the connate-a wrtr at t?ni
such county court to do so. If It shall be decided by the court thafsuch petit Vlf .
that the recrulsite number of signatures has been attached to such petlo -rtdc-hal d et .ch
county court to call snob election. Such suit shall be advanced 'on tho'conrtdk M d a ,
court as quickly a, possible. Either party may appeal tMpremCn.rtttta .ten JSJ J
decision Is rendered by serving upon the adverse party or hl-ttornjmnUmrc appeal inducing,
original of the notice -with the clerk of such circuit Countv
Section 5. All expenses of any special election held under the provisions, ot is Art -hjll i be .paid i
by the county in which such election is held in ke manner as thcrexpense f'.nJB4'7
Section 6. From and after the date of the Proclamation made by the county court provided for
under Section of this Act that portion of such county embraced w.thlh On, ta"fl; "
proclamation shall be a separate district to he kn0wn as the Port whose nam ft . specifled in such proc
amationr and the inhabitants thereof shall be a corporation by the name- and: tfjrl , of the port Bpecifljd
in such proclamation, and as such shall have p.rpetual succession, and by the- said nam ,.h. I .
and carry out the corporate powers and objects hereinafter conferred and defiiored. and shall make
a,i contracts, hold, receive and dispose of real ad personal property, and' do all other acts and .things
which may bo rrWte. necessary or convenient in carrying out thu- object, nt .aid corporatWn. or
exercising thv powers conferred upon it Jn this Act set out and expressed, ami Sue and be sued, plead
and be Impleaded in nil actions, suits or proceedings brought by or against it.
Section 7. Such corporation shall have power:
1 To improve an bays, rivers and harbors within its limits and' between- to limits and the-sea-for
such width and length and to such depth as It may be deemed necessary or convenient for the use o
shipping and" as the means at Its disposal will allow, and to construct such cnitals, bas ns and water
ways as It may be deemed necessary or .convenient for the use of shipping-or the extension of the-com-
merce of such Port. . .
2 To contract with the Government of the United States to db any or alT and any part-of the work
ing and maintaining- or working or maintaining such a depth of water in such bays, harbors-or rivers
as safd Government of tbf United States may fr0m time tontltae- dWrmlne to make 0n.mal1ttain7.andl
for the making or maintaining of which It shall or may contract with said corporation, and to receive
therefor such compensation as may be agreed on between said Government of the United 'States and
said corporation.
3. In carrying on any Vork In this Act provided to be carried on the said corporation shall havo
the same right of eminent domain and to take property for public uses as exists at such time under
the laws of th's State In favor of corporations organized for the construction and operation of 'railroads.,
and to be er----'T in the same.manner and on the same-terms-as-by the laws of this St!ttO- provided'
in case of srM corporations, save only that In the case of corporations organized under the provisions,
of thfs Act the - rlit shall extend to the taking of, and such corporation shall have and there is hereby
granted to it the right to take any and all private property under said right of eminent 'ddmain which
shall be found' necessary or convenient in carrying on any work or- the exercising, carrying,' out or
executing any power in this Act provided to be carried on, exercised, carried out or executed by it:
4. And to the- full extent which the State of Oregon might itself exercise and control, or-to which'
it can grant to corporations organized under the provision-of this Act, the right to exercise-the same)
corporations organized under the provisions of this Act shall be, and are hereby granted 'full control'
of all bays, rivers, and harbors within their limits, and'between' their limits and the -sea?, with full!
power and authority to, from time to time, make, establish, change or abolish wharf lines-in such har
bors and rivers, and to make, establish, change, modify or abolish such rules and ireguldtlons. for the.
use or navigation in such harbors and rivers, or the-placing of obstructions therein on the removal of
obstructions therefrom, as It may deem convenient, requisite or necessary or in tho best interests of
the maritime shipping and commercial interests 0f the said Foit, and the said rules and 'regulations so.
made by It to be enforced by such fines, penalties and punishments as It in the exercise of sound discre
tion may deem necassaryr and the fines or penaltles-so Imposed' or levied shall be recovered" In-tho-name
of said corporation in any court of this State having Jurisdiction of actions for the recovery of lines,
and penalties imposed hy State laws, and shall inure-and belong to said corporation;, and' all punish
ments so Imposed shall be enforced In the name of f said' corporation in any of theccourts-offtllis-, State
having Jurisdiction of crimes and misdemeanors underr said' tows.
5. To establish, maintain and operate a tug boat and pilotage service In said Port-and between said'
pert and tlie sea, and to that end to purchase, lt-as-e, control and operate steam tug boats and' steam
and sail pilot boats upon such rivers, bays and haibcrs and- upon the sea, and 'to collect charges- fromi
vessels employing such tugs so operated, and tor v( met? service rendered by employes of such cor
ruption, ami such corporation shall have the right to claim- and collect salvage for service rendered' toi
vessels In distress in the same manner as a'natural person. The charges for towage and' pilotage shall
be fixed by the board of commissioners for suen corporation, and shall be public-and' published' to the
world, and' said corporation shall be entitled to a lien upon any vessel for any sums due it for piloting-
1 or towing such vessel, and the master and owner of" bucII vessel shall In addition bo Jointly and' sever
ally liable to such corporation therefor. If a veSSel or cargo, while being towed bya vessel- owned or
operated' ly such corporation, or, while under th charge- of a pilot employe of such corporation, suffers
Injury or loss by reason of the fault of such tug or-the negligence or Incompetency -of such pilot, such:
corporation shall not be liable for any loss or Injury thereof In excess of $5,000.
6. To- acquire by purchase, condemnation or other lawful method such land's as -it-may-deem neces
sary to improve for public convenience and' the convenience of its shipping and commercial Interests,
all or any portion of the water front of its harbors-,, rivers and waterways; to enlarge Its tidal area,
construct, excavate or dredge canals and channels connecting its waterways with one- another or with
other waterways and the sea, and to construct, maintain and operate upon any of the water flont so
acquired by it, wharves, warehouses and dry docks, and to collect from vessels, using' tile same, wharf
age and drydockage, and to collect from owners or consignees of goods, passing over said dtieks and
warehouses, wharfage and storage charges from goods so handled.
7. Generally to do such other acts and' tilings as shall tend to promote the maritime shipping and
commercial Interests of such corporation, and' to acquire, hold, use, enjoy and -dispose of and convey
such real and personal property, and" to make any and all contracts and to do any- and' all other acts
and things which may be or may- become requisite, necessary or convenient In carrying out all or any
one or more of the powers In this Act granted it.
S. For the purpose of carrjing- Into effect alt or any of the powers: hereby grunted such corproatlon
shall have the power to borrow money and to sen and dispose of Uwnds, which bonds shall, however,
never exceed in the aggregate ID per cent of the assessed valuation for State amf county purposes of all
property within the limits of'bald- corporation, which Is by law assessable for State and county purposes.
Such bonds shall lie Issued-from time to time as the board of commissioners of said corporation may
determine, and shall be of such denomination or denominations, and shall run for sueji terra of years
and bear such rate of Interest as such board of commissioners; shall determine; provided, however,
such bonds shall not bear interest exceeding in any event the rate of 6 per cent per annum, and they
shall be executed on, behalf of the said corporation, by its president and secretary, and shall be so
conditioned as that said corporation shall therein and thereby undertake, promise, and agree In con
sideration of tho ptemlses, and be held to pay at a place therein named to the bearer thereof, tho sum
named therein In gold' coin of the United States with Interest thereon Ini like gold coin, at the rate per
annum named therein, payable half-yearly on the first day of January aad July in each year In accord
ance with the tenor and termss of interest coupons thereto attached,
9. Such corporation sliali have power and there Is hereby granted to it the power to assess, levy,
and collect taxes upon all property, real and persQnftt, situated within its boundaries, and which Is by
law taxable for State and county purposes, and each year not to exceed 1 per cent, the proceeds of
which shall be by it applied in carrying out tho objects and purposes hereinbefore provided; and such
corporation shall also havo the power each year to assess, levy, and collect a special tax upon all such
property, reiri- and personal, In an amount sufficient to pay the yearly Interest on bonds theretofore
Issued by such corporation and then outstanding, together with any portion of tho principal of sucft
bonds maturing within such year. Such regular annual and special tax provided for hereby shall be
levied In each year In time so as to be extended upon the county tax rolls with the State and county
tax for one annual collection of taxes in the sprtng next following, but In no event later than the 31st
day of December in each year. The special tax hereby authorised shall be applied only In payment
of Interest and principal of bonds issuwr by such corporation, but sueh corporation shall have, power
S. B. 2b".
to apply any funds derived from the- regular annual tax towards the payment of such principal or Inter
est upon such bonds. All taxes levied by such corporation shall become payable at the same time and
to, the same officers as regular county taxes are payable and shall be by the county officers collecting
the same paid to the treasurer of the said corporation for its use. All taxes levied by corporations In
corporated under the authority of this Act granted shall be levied on the basis 0f the assessment made
by the county in which such corporation is situated for the purpose of the levy of taxes for county or
State purposes, with the exception that the levy of sueh corporation shall be on the property situate
within its boundaries only; and 'for the purpose of the levy of taxes by said corporation tho assessment
made bv such countv nn tn nronortv sltimto w(hf thn imnnj..inn i. ,., .. ....
..., , lv, ""'""in ui mo um corporation snail be
taken to be and shall be the assessment of the said corporation. All regular, annual, and special taxes
levied by such corporations in the manner hereinbefore provided shall by the proper county officers
wvww-X . ' c0Unt)' wltn tne state and county tax for the annual col-
(Cpntlnued oa page ?.)
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