Oregon Statutes 376.345 – Contents of forest road contract
Every contract entered into pursuant to ORS § 376.305 to 376.390 shall:
Terms Used In Oregon Statutes 376.345
- Contract: A legal written agreement that becomes binding when signed.
- county court: means the governing body of the county, whether it is a county court or board of county commissioners. See Oregon Statutes 376.005
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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. [Amended by 2003 c.598 § 41]