Image provided by: University of Oregon Libraries; Eugene, OR
About The Coos Bay times. (Marshfield, Or.) 1906-1957 | View This Issue
irr "ft-iffw m4
Cir ' w
B '""" t-i?J
TEXT OF NEW OREGON LAW GOVERNING PORT COMMISSIONS
HOUSE BILL No. 28
Introduced by Mr. BEAN, nnd road first time January 12, 1000.
. A BILL
JFor an Act entitled "An Act to provide for Incorporation under general law of Ports In counties bordering upon
baya or rivers navigable from the sea or containing bays or rivers navigable from the sea, and to provide
for the manner of incorporating such Ports and defining the powers of Ports so Incorporated."
Bo it enacted by the People of tlio State of Oregon:
Section 1. Municipal corporations designated as Ports may be Incorporated in counties bordering
upon bays or rivers navigable from the sea or containing bays or rivers navigable from the sea In manner
as In this Act hereinafter provided.
Section 2. The following shall bo substantially the form of petition for the Incorporation of Ports In
counties bordering upon bays or rivers navigable from the sea or containing bays or rivers. navigable
from the sea.
It is a felony for any one to sign any Initiative or referendum petition with any name other than his
own or to knowingly sign his name more than once for the measure or to sign such petition when he Is
not a legal voter.
Petition For tho Incorporation of tho Port of In tho County of ,
State of Oregon.
To tho Honorable County Court of the State of Oregon for tho County of-
We, the undersigned citizens and legal voters of the State of Oregon and of the County of
and residents within the limits of tho district in said county hereinafter described, respectfully demand
that there shall be submitted to tho legal voters of the State of Oregon, County of ,
residing within that portion of County, State of Oregon, described as beginning (hero
insert exterior boundaries of district) at a special election to be called by said county courtthe ques
tion whether or not that portion of County, Oregon, described as beginning (here Insert
description) shall bo incorporated as a municipal corporation to be known as the Port of
(here insert name of proposed corporation) in accordance with the provisions of that certain Act of
the Legislative Assembly of the State of Oregon passed at tho regular session In the year 1909, entitled
"An Act to provide for Incorporation under general law of ports in counties bordering upon bays or
rivers navigable from the sea, or containing bays or rivers navigable from the sea, and to provide for
the manner of incorporating such ports and defining the powers of ports so Incorporated," a,nd each for
himself saya: 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 said county hereinbefore described:
My residence and postofflce address are correctly written after my name.
Name , Residence Postofflce
(If In a city, street and number).
(Hero 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 throe-fourths inches at the top for binding. Each and every
sheet of such petition containing signatures shall bo 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 part
State of Oregon,
I . , being first duly sworn, say: (hero shall bo legibly written or typewritten the
names of the signers of tho sheet), signed this sheet and each of them signed his name thereto In my
presence; I believe that each has stated his name, postofflce address and residence correctly, and that
each signer is a legal voter of tho Stato of Oregon and County of , and resident
within that portion of said county within tho boundaries therein stated.
(Signature and postofflce address of affiant )
Subscribed and sworn to before mo this day of
A. D. 19-
(Slgnature and title of officer before wfiom oath Is mado ,and his postofflce address.)
The forms herein are not mandatory, and If substantially followed it shall be sufficient, disregarding
any clerical and merely technical errors.
Whoro a petition Is filed for tho incorporation of a port under the provisions of this Act, the ter
ritorial limits of which do not Include such county as a whole, the limits proposed by such petition shall
not extend beyond the natural wnter shed of any drainago basin whose waters flow Into another bay,
wstuary or river navigable from tho sea Bituato wuhin such county.
Section 3. Tho petition for a special election hereinbefore provided shall be filed with the county
clerk of the county and shall bo presented to the county court of said county on the first day of Its next
regular session. Tho county court shall forthwith examine such petition and If It appear therefrom
that such petition contains the names of eight per cent, of the legal voters of that portion of such
county within the exterior boundaries of said district based upon tho whole number of votes cast within
suck district for Justice of the Supreme Court at the general election preceding the filing of such peti
tion, tho said county court shall call a special election to be hold within such proposed district to be held
not loss than forty days or more than sixty days as such county court shall determine. At such election
thero shall bo submtited to tho legal voters of that portion of said county embraced within the limits
described In such petition, whother said portion of said county shall be Incorporated as a municipal In
corporation to bo known as the Port of (hero insert name set forth In petition) in accord
ance with the provisions of this Act.
Tho ballot tltlo to bo used at such special election shall read as follows: "Shall that portion of
County, State of Oregon, described as (here Insert description) be Incorporated as a
municipal corporation to be known as tho Port of (here Insert proposed name) in accord
ance with the provisions of that certain Act of tho Legislative Assembly of the State of Oregon passed
at its regular session held in 1909 ontitled 'An Act to provldo for incorporation under general law of
ports In counties bordering upon bays or rivers navigable from tho sea or 'containing bays or rivers
navigable from the sea, and to provide for the manner of Incorporating such ports and defining the
powers of ports so incorporated.' "
Tho affirmative of tho measuro upon tho official ballot shall be numbered 300 and the nogative shall
bo numborod 301, both in numerals.
Tho official ballot shall bo prepared by tho county clerk in accordance with the provisions of the then
existing law relative to elections; the Judges and clorks appointed by the county court for tho preceding
general cloctlon shall act as Judgos and clerks of such special election, and the register of voters used
at such preceding election shall bo used at such special election, nnd no one but persons authorized to
vote within bhcIi district at a general election hold theroin shall be authorized to vote at such special
olectlon. Should any of the regulnr judges or clorks .fall to .attend such special election their places
shall bo filled hi tho manner provided by law in cases of general elections.
Tho polls shall be kept open between tho hours provided for In cases of general elections and notice of
time of such spolcal election shall bo posted In each polling precinct In which such measure Is to be voted
upon in like ntannor as is provldod for In cases of general elections.
Tho judges and clorks shall return tho canvass of the vote together with the bal'ots cast to the county
clerk of tho county In which tho election Is hold and on the seventh day after the election the county
court shall hold a special session and proceed to canvass such vote, and if upon such canvass it appears
that a majority of tho votes cast at such special election have been cast In favor of such Incorporation
such county court shall cause to bo entered upon the journal of such court a proclamation in language
substantially us follows:
"Whereas at a special olectlon duly and regularly held on tho day of , A.
D. 19 , within that portion of County, Stato of Oregon, described as (here Insert
drtcnpinr Inn) Mmri vn a cm lim Htnil te rhn 1nrn1 vat ma Minronf Mm ntiAottnn tiVit Viot nil tViot nArtlnn r9 !
County, State of Oregon, described as (hero Insert description) should be Incorporated
as tho Port of (horo Insert nnmo of Port) under nnd pursuant to the provisions of that
certain Act of tho Legislative Assombly of the State of Oregon, passed at Its regular session held In
1909 ontitled 'An Act to provide for Incorporation under general laws of Ports in counties bordering
upon bays and rivers navigable from the sea or containing bays or rivers navigable from the sea and
provldo for tho manner of incorporating such P orts, and defining the pqwers of ports so incorporated;
and whereas, at such election so held votes wero cast In favor of such Incorporation and
votes were cast against such Incorporation.
"And whereas the incorporation of such Port of (horo Insert name) received the affirmative vote
of the majority of the votes cast at such election, now, therefore, the county court of the county of
State of Orogon, does hereby proclaim and declare that all that part of
County, State of Orogon, described as (hero Insert description) has bea duly and legally Incorporated
aa a municipal corporation under the corporate nnmo of tho Port of (here Insert name) under and pur
suant to and with tho powers vested In such corporation by virtue of that certain Act of Legislative As
sembly sf tho State of Oregon, pavied at its sesgloi' belli i-. the year 19C9, entitled An Act to provldo
f- ntinn under reneral laws of Ports In counties bordering upon bays or rivers navigable from
the sea or containing bays or rivers navigable from the sea, and to provide for tho manner of Incorporat
Ing such Ports, and defining the powers of Ports so incorporated.' "
Section 4. If the county court shall refuse to accept and file any petition for the Incorporation of
such port or refuse to accept a call election as provided in Section 3 of this Act, any citizen may apply
within te'n days after such refusal to the circuit court of the county for a writ of mandamus to comptf
such county 'court to do so. If It shall be decided by the court that Buch petition is legally sufficient and
that the requisite number of signatures has been attached to such petition said court shall d'rect such
county court to call such election. Such suit shall be advanced on tho court docket and decided by the
court as quickly as possible. Either party may appeal to the Supreme Court within ten days after tho
decision is rendered by serving upon the adverse party or his attorney a notice of appeal and filing tha
original of the notice with the clerk of such circuit court.
Section 5. All expenses of any special election held under the provisions of this Act' shall be paid
by the county in which such election Is held in like manner as the expense of general election is paid.
Section 6. From and after the date of the Proclamation mado by tho county court provided for
under Section 3 of this Act that portion of such county embraced within the limits defined In such
proclamation shall be a separate district to be known as the Port whose name is specified in such proc
lamatlon, and tho Inhabitants thereof shall be a corporation by the name and style of the port specified
In such proclamation, and as such shall have perpetual succession, and by the said name shall exercise
and carry out the corporate powers and objects hereinafter conferred and declared, and shall make
all contracts, hold, receive and dispose of real and personal property, and do all other acts and things
which may be requisite, necessary or convenient In carrying out tho objects pf said corporation, or
exercising the powers conferred upon It In .this Act set out and expressed, and sue and be sued, plead
and be impleaded In all actions, suits or proceedings brought by or against It.
Section 7. Such corporation shall have power:
1. To Improve all bays, rivers and harbors within Its limits and between its limits and tho sea for
such width and length and to such depth as It may bo deemed necessary or convenient for tho use ol
shipping and as the means at Its disposal will allow, and to construct such canals, basins and water
ways as It may be deemed necersary or convenient for tho use of shipping or tho extension of the com
merce of such Port. i
2. To contract with the Government of the United States to do any or all and any feart of the work
ing and maintaining or working or maintaining such a depth of water In such bays, harbors or rivers
as said Government of the United States may fr0m time to time determine to make or maintain, and
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 tho United States and
3. In carrying on any work in this Act provided to be carried on tho said corporation shall have
the same right of eminent domain and to take property for public uses as exists at such time under
the laws of this State In favor of corporations organized for the gonstruction and operation of railroads,
and to bo exercised In the same manner and on the same terms as by the laws of this Stato provided
In case of said corporations, save only that In the caso of corporations organized under the provisions
of this Act the right 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 domain which
shall be found necessary or convenient in carrying on any work or tho 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 Orogon might itself exercise and control, or to which
It can grant to corporations organized under the provisions of this Act, the right to exercise tho 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 regulations for the
use or navigation In such harbors and rivers, or the placing of obstructions therein or the removal of
obstructions therefrom, as it may deem convenient, requisite or necessary or in the best Interests of
the maritime shipping and commercial interests of tho said Port, and tho 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 necessary; and the fines or penalties so imposed or levied shall be recovered In the name
of said corporation In any court of this Stato having jurisdiction of actions for the recovery of fines
and penalties Imposed by State laws, and shall inure and belong to said corporation, and all punish
ments so imposed shall be enforced in the name of said corporation In any of the courts of this State
having jurisdiction of crimes and misdemeanors under said laws.
5. To establish, maintain and operate a tug boat and pilotage service In said Port and between said
pc-rt and the sea, and to that end to purchase, Wse, control and operate steam tug boats and steam
and sail pilot boats upon such rivers, bays and hurbcrs and upon the sea, and to collect charges from
vessels employing such tugs so operated, and for pilotage service rendered by employes of such cor
poration, and such corporation shall have the right to claim and collect salvage for service rendered to
vessels In distress In the same manner as a natural person. The charges for towage and pllotago shall
be fixed by the board of commissioners for such corporation, and shall bo public and published to the
world, and said corporation shall be entitled to a Hen upon any vessel for any sums duo it for piloting
or towing such vessel, and the master and owner of such vessel shall in addition -be jointly and sever
ally liable to such corporation therefor. If a vessei or cargo, while being towed by a vessel owned or
operated by such corporation, or, while under the 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 lands 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 front so
acquired by it, wharves, warehouses and dry docks, and to collect from vessels, using the same, wharf
age and drydockage, aud to collect from owners or consignees of goods, passing over said docks and
warehouses, wharfago and storage charges from goods so handled.
7. Generally to do such other acts and things 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.
8. For the purposo of carrying into effect an or any of the powers hereby granted such corproatlon
shall have the power to borrow money and to sen and dispose of bonds, which bonds shall, however,
never exceed In the aggregate 10 per cent of the assessed valuation for State and county purposes of all
property within the limits of said corporation, which Is by law assessable for State and county purposes.
Such bonds shall be Issued from time to time as the board of commissioners of said corporation may
determine, and shall bo of such denomination Or denominations and shall run for such term of years
and bear such rato of Interest as such board of commissioners shall determine; provided, however,
such bonds shall not bear interest exceeding In any ovent tho 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 promises, and be held to pay at a place therein named to the bearer thereof, the sum
named therein in gold coin of the United States with Interest thereon In like gold coin at the rate per
annum named therein, payable half-yearly on the first day of January and July In each year in accord
ance with the tenor and terms of Interest coupons thereto attached.
9. Such corporation shall have power and there Is hereby granted to it tho power to assess, levy,
and collect taxes upon all property, real and personal, 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 have the power each year to assess, levy, and collect a special tax upon all such
property, real 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 the principal of suoh
bonds maturing within such year. Such regular annual -and special tax provided for hereby shall be
levied in each year intlme so as to be extended upon tho county tax rolls with the State and county
tax for the annual collection of taxes In the spring next following, but In no event later than the 31st
day of December In each year. The special tax hereby authorized shall bo applied only In payment
of Interest and principal of bonds issued by such corporation, but such corporation shall have power
, D. 28.
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 tho same time and
to tho same officers as regular county taxes ar.o payable and shall be by tho county officers collecting
the same paid to the treasurer of the said corpoVation for Its use. All taxes levied by corporations in
corporated under the authority of this Act granted shall be levied on the basis of the assessment made
by the county in which such corporation is situated for tho purpose of the levy of taxes for county or
State purposes, with the exception that the levy of such corporation shall bo on the property situate
within its boundaries only; and for the purpose of tho levy of taxes by said corporation the assessment
made by such county on the property situate within the boundaries of the said corporation shall M
taken to be and shall be the assessment of the said corporation. All regular, annual, and special taxe
levied by such corporations in the manner hereinbefore provided shall by the proper county offlcert
be extended upon the county tax rolls of such county with the State and county tax for the annual col-
(Continued oc Pat ,
l.t. mHm'"!l1iin'iiam'll"'W'll'r' ' -""" -'