§ 376.345 — Contents of forest road contract

Oregon § 376.345

• Jurisdiction: Oregon
• Vol.: 10
• Title 31: Highways, Roads, Bridges and Ferries
• Ch. 376: Ways of Necessity; Special Ways; Pedestrian Malls

Text

Every contract entered into pursuant to ORS 376.305 to 376.390 shall:
(1) Describe the road and the termini thereof.
(2) Specify the width of the roadbed and contain reasonably complete specifications, prepared by the county roadmaster or other competent person, of the improvement and maintenance work to be done.
(3) Specify the time within which the improvement work other than maintenance shall be completed.
(4) Contain such provisions pertaining to maintenance as may be agreed upon by the parties.
(5) Obligate the forest road contractor to furnish all labor and materials required for the work the contractor has contracted to do.
(6) Provide that the same rights and privileges on the contract forest road as are available to the forest road contractor are available to any other logging operator:
(a) Upon approval by the county court;
(b) Upon the logging operator furnishing insurance as provided in ORS 376.340;
(c) Upon the logging operator reimbursing the forest road contractor for an equitable portion of the construction costs, if any, borne by the forest road contractor; and
(d) Upon the equitable sharing of the logging operator with the forest road contractor in the costs of maintaining the road, provision being made for either the specific rates therefor per 1,000 feet board measure of timber or equivalent of forest products transported over the road or, in the alternative, a formula for determining such rates with a provision for arbitration under ORS 36.600 to 36.740, in the event of disagreement between the forest road contractor and another logging operator respecting the application of the formula.

Legislative History

Amended by 2003 c.598 §41