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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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OREGON BUSINESS DEVELOPMENT DEPARTMENT

 

DIVISION 20

FORMATION OF PORTS

123-020-0005 [Renumbered to 123-020-0105]

123-020-0010 [Renumbered to 123-020-0110]

123-020-0015 [Renumbered to 123-020-0115]

123-020-0020 [Renumbered to 123-020-0120]

123-020-0025 [Renumbered to 123-020-0125]

123-020-0030 [Renumbered to 123-020-0130]

123-020-0035 [Renumbered to 123-020-0135]

123-020-0040 [Renumbered to 123-020-0140]

123-020-0100

Purpose and Scope

This division of administrative rules describes the steps and necessary elements for the Commission to approve the formation of a Port, as required under ORS 285A.627(2).

Stat. Auth.: ORS 285.075
Stats. Implemented: ORS 285A.627
Hist.: EDD 14-2004, f. & cert. ef. 8-2-04; EDD 13-2009, f. & cert. ef. 10-1-09

123-020-0105

Definitions

For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. As used in this division of administrative rules, unless the context requires otherwise:

(1) "Applicant" means an entity that may legitimately seek and propose the formation of a new Port, and that submits a request for the Commission's approval.

(2) "Port" means a municipal corporation organized under ORS Chapter 777 or 778, which may be known as a "port authority" or "port district."

Stat. Auth.: ORS 285.075
Stats. Implemented: ORS 285A.627
Hist.: EDD 6, f. & ef. 4-30-76 ; EDD 2-2003(Temp), f. & cert. ef. 3-4-03 thru 8-29-03; EDD 7-2003(Temp), f. 8-28-03, cert. ef. 8-30-03 thru 2-20-04; EDD 3-2004(Temp), f. 2-3-04, cert. ef. 2-21-04 thru 8-1-04; Renumbered from 123-020-0005, EDD 14-2004, f. & cert. ef. 8-2-04; EDD 13-2009, f. & cert. ef. 10-1-09

123-020-0110

Application

An Applicant for the formation of a port must:

(1) Send the following, prior to any official filing with the appropriate county, to Attn: Port Formation Application, Oregon Business Development Department, State Lands Building Suite 200, 775 Summer Street NE, Salem, OR 97301-1280:

(a) A sample of the petition or order to be used for purposes of ORS 198.705 to 198.955, as applicable;

(b) A letter formally requesting formation of the proposed Port;

(c) A legal description and map of the port boundaries; and

(2) Materials requested in OAR 123-020-0015 to 123-020-0035.

Stat. Auth.: ORS 285.075
Stats. Implemented: ORS 285A.627
Hist.: EDD 6, f. & ef. 4-30-76; EDD 2-2003(Temp), f. & cert. ef. 3-4-03 thru 8-29-03; EDD 7-2003(Temp), f. 8-28-03, cert. ef. 8-30-03 thru 2-20-04; EDD 3-2004(Temp), f. 2-3-04, cert. ef. 2-21-04 thru 8-1-04; Renumbered from 123-020-0010, EDD 14-2004, f. & cert. ef. 8-2-04; EDD 13-2009, f. & cert. ef. 10-1-09

123-020-0115

Criteria

In carrying out its function as statewide coordinating, planning, and research agency for all Ports in the State of Oregon, and to insure the most orderly, efficient, and economical development of the state port system, the Authority will take into consideration and may request information from the Applicant regarding the following:

(1) The need for port services in the territory to be included within the proposed Port;

(2) The adequacy of funding for the proposed Port; and

(3) The orderly development of the proposed Port and its effects upon the development of a state port system.

Stat. Auth.: ORS 285.075(5) & 285A.110(1)
Stats. Implemented: ORS 285A.627
Hist.: EDD 6, f. & ef. 4-30-76; EDD 2-2003(Temp), f. & cert. ef. 3-4-03 thru 8-29-03; EDD 7-2003(Temp), f. 8-28-03, cert. ef. 8-30-03 thru 2-20-04; EDD 3-2004(Temp), f. 2-3-04, cert. ef. 2-21-04 thru 8-1-04; Renumbered from 123-020-0015, EDD 14-2004, f. & cert. ef. 8-2-04; EDD 13-2009, f. & cert. ef. 10-1-09

123-020-0120

Need for Port Services

In evaluating the need for port services, the Authority will take the following into consideration:

(1) That reasonable alternatives to the formation of a Port have been considered;

(2) That significant adverse effects on other public or private agencies offering similar services within the proposed service area have been considered;

(3) That economic benefits and opportunities such as increased employment, income, and cost savings have been considered; and

(4) That proposed Port boundaries are reasonable in terms of tax assessment and property ownership.

Stat. Auth.: ORS 285.075
Stats. Implemented: ORS 285A.627
Hist.: EDD 6, f. & ef. 4-30-76; EDD 2-2003(Temp), f. & cert. ef. 3-4-03 thru 8-29-03; EDD 7-2003(Temp), f. 8-28-03, cert. ef. 8-30-03 thru 2-20-04; EDD 3-2004(Temp), f. 2-3-04, cert. ef. 2-21-04 thru 8-1-04; Renumbered from 123-020-0020, EDD 14-2004, f. & cert. ef. 8-2-04; EDD 13-2009, f. & cert. ef. 10-1-09

123-020-0125

Viability of Formation

In reviewing the viability and merits of a proposed Port, the Authority will consider the following, in addition to the latest draft copy of the economic feasibility statement for district formation, if applicable, under ORS 198.749:

(1) A proposed budget of the proposed Port showing, among other things, capital improvements, staffing, and other sums and expenses required to implement and operate the proposed Port for a reasonable period;

(2) Adequacy of the existing tax base and proposed tax rate and the source and amounts of any other revenues estimated to be required; and

(3) Other financial information requested.

Stat. Auth.: ORS 285.075
Stats. Implemented: ORS 285A.627
Hist.: EDD 6, f. & ef. 4-30-76; EDD 2-2003(Temp), f. & cert. ef. 3-4-03 thru 8-29-03; EDD 7-2003(Temp), f. 8-28-03, cert. ef. 8-30-03 thru 2-20-04; EDD 3-2004(Temp), f. 2-3-04, cert. ef. 2-21-04 thru 8-1-04; Renumbered from 123-020-0025, EDD 14-2004, f. & cert. ef. 8-2-04; EDD 13-2009, f. & cert. ef. 10-1-09

123-020-0130

Orderly Development of Port and State Port System

The Authority encourages and seeks public views on the following issues as they relate to the formation of a specific port district:

(1) Relationship of the proposed Port activities to locally approved land use plans and the provision of other local public services or utilities;

(2) Coordination with affected environmental, economic, and social agencies, including the impact on affected taxing jurisdictions; and

(3) Effects of the proposed activities on transportation facilities and services.

Stat. Auth.: ORS 285.075
Stats. Implemented: ORS 285A.627
Hist.: EDD 6, f. & ef. 4-30-76; EDD 2-2003(Temp), f. & cert. ef. 3-4-03 thru 8-29-03; EDD 7-2003(Temp), f. 8-28-03, cert. ef. 8-30-03 thru 2-20-04; EDD 3-2004(Temp), f. 2-3-04, cert. ef. 2-21-04 thru 8-1-04; Renumbered from 123-020-0030, EDD 14-2004, f. & cert. ef. 8-2-04; EDD 13-2009, f. & cert. ef. 10-1-09

123-020-0140

Review and Commission Approval or Denial

(1) An applicant will not seek, nor will any agency of a county government do either of the following, until such time as the Authority approves the formation of the port:

(a) Conduct a deciding vote on port formation by the governing body of the county; or

(b) Place the question of the port's formation on the ballot of a special or general election.

(2) Upon receipt of a request under OAR 123-020-0010, the Authority will review the submitted materials and may request additional information.

(3) Following its review and receipt of any additional information, the Authority will assemble materials and information along with a summary of the proposed port's advantages and disadvantages relative to OAR 123-020-0015 to 123-020-0030 that may include a recommendation of action.

(4) The Authority will submit a proposal summary and recommendation to the board.

(5) The Authority shall schedule a meeting to consider final approval of the requested port formation. The agenda for this meeting must be publicly available and be sent to the applicant and other interested parties at least 21 days prior to such meeting. The meeting must afford an opportunity for public commentary.

(6) At the meeting described in this rule or a subsequent meeting, the board will formally approve or deny the proposed port's formation, as it deems appropriate.

(7) If the Authority denies a port formation request, it will indicate in writing the reasons and the remedies, if any, that would allow the applicant to be reconsidered.

(8) If formation of the port is approved by the authority.

(a) The Authority will issue a formal declaration of its approval that the Authority will provide to the applicant and to the Chair of the Board of County Commissioners for the respective county or counties; and

(b) The applicant will proceed with and abide by all applicable procedures and requirements under ORS Chapters 198 and 777.

Stat. Auth.: ORS 285.075
Stats. Implemented: ORS 285A.627
Hist.: EDD 6, f. & ef. 4-30-76; EDD 2-2003(Temp), f. & cert. ef. 3-4-03 thru 8-29-03; EDD 7-2003(Temp), f. 8-28-03, cert. ef. 8-30-03 thru 2-20-04; EDD 3-2004(Temp), f. 2-3-04, cert. ef. 2-21-04 thru 8-1-04; Renumbered from 123-020-0040, EDD 14-2004, f. & cert. ef. 8-2-04; EDD 13-2009, f. & cert. ef. 10-1-09

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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