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<br />provide footpaths and trails along other highways, roads and streets.
<br />provide footpaths and trails along other highways, roads and streets.
<br />provide footpaths and trails along other highways, roads and streets.
<br /> (2) Footpaths and trails are not required to be established under subsection (1) of this section:
<br /> (2) Footpaths and trails are not required to be established under subsection (1) of this section:
<br /> (2) Footpaths and trails are not required to be established under subsection (1) of this section:
<br /> (a) Where the establishment of such paths and trails would be contrary to public safety;
<br /> (a) Where the establishment of such paths and trails would be contrary to public safety;
<br /> (a) Where the establishment of such paths and trails would be contrary to public safety;
<br /> (b) If the cost of establishing such paths and trails would be excessively disproportionate to the need or
<br /> (b) If the cost of establishing such paths and trails would be excessively disproportionate to the need or
<br /> (b) If the cost of establishing such paths and trails would be excessively disproportionate to the need or
<br />probable use; or
<br />probable use; or
<br />probable use; or
<br /> (c) Where sparsity of population, other available ways or other factors indicate an absence of any need
<br /> (c) Where sparsity of population, other available ways or other factors indicate an absence of any need
<br /> (c) Where sparsity of population, other available ways or other factors indicate an absence of any need
<br />for such paths and trails.
<br />for such paths and trails.
<br />for such paths and trails.
<br /> (3) The amount expended by the department or by a city or county as required or permitted by this
<br /> (3) The amount expended by the department or by a city or county as required or permitted by this
<br /> (3) The amount expended by the department or by a city or county as required or permitted by this
<br />section shall never in any one fiscal year be less than one percent of the total amount of the funds received
<br />section shall never in any one fiscal year be less than one percent of the total amount of the funds received
<br />section shall never in any one fiscal year be less than one percent of the total amount of the funds received
<br />from the highway fund. However:
<br />from the highway fund. However:
<br />from the highway fund. However:
<br /> (a) This subsection does not apply to a city in any year in which the one percent equals $250 or less, or
<br /> (a) This subsection does not apply to a city in any year in which the one percent equals $250 or less, or
<br /> (a) This subsection does not apply to a city in any year in which the one percent equals $250 or less, or
<br />to a county in any year in which the one percent equals $1,500 or less.
<br />to a county in any year in which the one percent equals $1,500 or less.
<br />to a county in any year in which the one percent equals $1,500 or less.
<br /> (b) A city or county in lieu of expending the funds each year may credit the funds to a financial reserve
<br /> (b) A city or county in lieu of expending the funds each year may credit the funds to a financial reserve
<br /> (b) A city or county in lieu of expending the funds each year may credit the funds to a financial reserve
<br />fund in accordance with ORS 294.525, to be held for not more than 10 years, and to be expended for the
<br />fund in accordance with ORS 294.525, to be held for not more than 10 years, and to be expended for the
<br />fund in accordance with ORS 294.525, to be held for not more than 10 years, and to be expended for the
<br />purposes required or permitted by this section.
<br />purposes required or permitted by this section.
<br />purposes required or permitted by this section.
<br /> (c) For purposes of computing amounts expended during a fiscal year under this subsection, the
<br /> (c) For purposes of computing amounts expended during a fiscal year under this subsection, the
<br /> (c) For purposes of computing amounts expended during a fiscal year under this subsection, the
<br />department, a city or county may record the money as expended:
<br />department, a city or county may record the money as expended:
<br />department, a city or county may record the money as expended:
<br /> (A) On the date actual construction of the facility is commenced if the facility is constructed by the city,
<br /> (A) On the date actual construction of the facility is commenced if the facility is constructed by the city,
<br /> (A) On the date actual construction of the facility is commenced if the facility is constructed by the city,
<br />county or department itself; or
<br />county or department itself; or
<br />county or department itself; or
<br /> (B) On the date a contract for the construction of the facilities is entered with a private contractor or
<br /> (B) On the date a contract for the construction of the facilities is entered with a private contractor or
<br /> (B) On the date a contract for the construction of the facilities is entered with a private contractor or
<br />with any other governmental body.
<br />with any other governmental body.
<br />with any other governmental body.
<br /> (4) For the purposes of this chapter, the establishment of paths, trails and curb cuts or ramps and the
<br /> (4) For the purposes of this chapter, the establishment of paths, trails and curb cuts or ramps and the
<br /> (4) For the purposes of this chapter, the establishment of paths, trails and curb cuts or ramps and the
<br />expenditure of funds as authorized by this section are for highway, road and street purposes. The
<br />expenditure of funds as authorized by this section are for highway, road and street purposes. The
<br />expenditure of funds as authorized by this section are for highway, road and street purposes. The
<br />department shall, when requested, provide technical assistance and advice to cities and counties in carrying
<br />department shall, when requested, provide technical assistance and advice to cities and counties in carrying
<br />department shall, when requested, provide technical assistance and advice to cities and counties in carrying
<br />out the purpose of this section. The department shall recommend construction standards for footpaths and
<br />out the purpose of this section. The department shall recommend construction standards for footpaths and
<br />out the purpose of this section. The department shall recommend construction standards for footpaths and
<br />bicycle trails. Curb cuts or ramps shall comply with the requirements of ORS 447.310 and rules adopted
<br />bicycle trails. Curb cuts or ramps shall comply with the requirements of ORS 447.310 and rules adopted
<br />bicycle trails. Curb cuts or ramps shall comply with the requirements of ORS 447.310 and rules adopted
<br />under ORS 447.231. The department shall, in the manner prescribed for marking highways under ORS
<br />under ORS 447.231. The department shall, in the manner prescribed for marking highways under ORS
<br />under ORS 447.231. The department shall, in the manner prescribed for marking highways under ORS
<br />810.200, provide a uniform system of signing footpaths and bicycle trails which shall apply to paths and
<br />810.200, provide a uniform system of signing footpaths and bicycle trails which shall apply to paths and
<br />810.200, provide a uniform system of signing footpaths and bicycle trails which shall apply to paths and
<br />trails under the jurisdiction of the department and cities and counties. The department and cities and
<br />trails under the jurisdiction of the department and cities and counties. The department and cities and
<br />trails under the jurisdiction of the department and cities and counties. The department and cities and
<br />counties may restrict the use of footpaths and bicycle trails under their respective jurisdictions to
<br />counties may restrict the use of footpaths and bicycle trails under their respective jurisdictions to
<br />counties may restrict the use of footpaths and bicycle trails under their respective jurisdictions to
<br />pedestrians and nonmotorized vehicles, except that motorized wheelchairs shall be allowed to use footpaths
<br />pedestrians and nonmotorized vehicles, except that motorized wheelchairs shall be allowed to use footpaths
<br />pedestrians and nonmotorized vehicles, except that motorized wheelchairs shall be allowed to use footpaths
<br />and bicycle trails.
<br />and bicycle trails.
<br />and bicycle trails.
<br /> (5) As used in this section, bicycle trail means a publicly owned and maintained lane or way
<br />bicycle trail means a publicly owned and maintained lane or way
<br /> (5) As used in this section,
<br />bicycle trail means a publicly owned and maintained lane or way
<br /> (5) As used in this section,
<br />designated and signed for use as a bicycle route. [1971 c.376 §2; 1979 c.825 §1; 1983 c.19 §1; 1983 c.338
<br />designated and signed for use as a bicycle route. [1971 c.376 §2; 1979 c.825 §1; 1983 c.19 §1; 1983 c.338
<br />designated and signed for use as a bicycle route. [1971 c.376 §2; 1979 c.825 §1; 1983 c.19 §1; 1983 c.338
<br />§919; 1991 c.417 §7; 1993 c.503 §12; 1997 c.308 §36; 2001 c.389 §1]
<br />§919; 1991 c.417 §7; 1993 c.503 §12; 1997 c.308 §36; 2001 c.389 §1]
<br />366.515
<br /> [Amended by 1971 c.376 §3; 1973 c.249 §39; repealed by 1975 c.436 §7]
<br /> 366.516 Incurring obligations payable from anticipated revenues.
<br /> The Department of
<br />Transportation may incur obligations to be paid from the State Highway Fund for the construction,
<br />reconstruction, improvement, repair or maintenance of highways, streets and bridges in excess of the
<br />amount then standing to the credit of the State Highway Fund if in the opinion of the department there will
<br />be sufficient funds available for the payment of such obligations when they become due and payable and all
<br />other debts, obligations and expenses chargeable against the State Highway Fund including those amounts
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