The persons shown by
the records of the county to be the owners of 50 percent of the acreage
in any contiguous body of swamp, wet or overflowed lands or irrigated
lands, waters from which contribute to the swamp, wet or overflowed
conditions of those or other lands, situated in one or more counties of
the state, may form a drainage district for the purpose of having such
lands reclaimed and protected by drainage or otherwise from the effects
of water, for sanitary or agricultural purposes, or when the same may be
conducive to the public health, convenience and welfare or of public
utility or benefit. For the purpose
mentioned in ORS 547.005, the owners may prepare and sign a petition in
which shall be stated:
(1) The name proposed for the district.
(2) The boundary lines of the district, or a description of all the
lands included therein, with an allegation that such lands constitute a
contiguous body of swamp, wet or overflowed lands, or irrigated lands the
waters from which contribute to the swamp, wet or overflowed condition of
those or other lands.
(3) The total acreage included in the district, and if land in more
than one county is included, then the acreage in each county.
(4) The names of the owners of land in the district as shown by the
county records, and the acreage owned by each owner.
(5) An allegation that the proposed reclamation or protection is
for sanitary or agricultural purposes, or both, and that the proposed
reclamation or protection will be conducive to the public health or
welfare or of public utility or benefit.
(6) An allegation that all the lands included in the proposed
district are properly included, and will be beneficially affected by the
operations of the proposed district.
(7) An allegation that the benefits of the proposed reclamation or
protection will exceed the damage to be done and that the best interests
of the land included and of the owners of such land as a whole, and of
the public at large, will be promoted by the formation and proposed
operations of the district.
(8) An allegation that the formation of a drainage district under
the provisions of this chapter is a proper and advantageous method of
accomplishing the reclamation and protection of the lands included
therein.
(9) A brief, general, informal statement of a proposed plan of
reclamation or protection and such general facts as will enable the court
to determine that there is a reasonable probability that the objects
sought by the formation of the district may be accomplished.
(10) An agreement that the signers will pay any expenses incurred
and any charges imposed and billed to the signers, for the purpose of
paying the expense of organizing or attempting to organize the proposed
district.
(11) A prayer asking that the lands described, or such of them as
may be found by the court to be properly included in the proposed
district, either permanently or until further investigation and surveys
may permit elimination, shall be declared organized into a drainage
district. [Amended by 1991 c.459 §425] The petition shall be
verified by one or more of the petitioners to the effect that they have
read the petition and believe the allegations to be true. It shall be
filed in the office of the county clerk of the county in which the lands
described are situated. If the lands are situated in more than one county
it shall be filed in the office of the county clerk of the county in
which more of the lands are situated than in any other county.(1) Upon presentation of the petition, the county court shall
fix the time and place for hearing the petition. Thereupon the clerk in
whose office the petition was filed shall give notice in the following
manner:
(a) The clerk shall cause notice to be published once each week for
four consecutive weeks in some newspaper published in each county in
which are situated lands of the district, the last insertion to be made
at least 15 days prior to the meeting of the county court at which the
petition is to be heard. The notice shall be substantially in the
following form and shall be deemed sufficient for all purposes of the
Drainage District Act:
___________________________________________________________________________
___
Notice of Hearing on Petition to Form Drainage District.In the County Court of the State of Oregon, for the County of _____.
Notice is given that hearing on the following petition will be held
at the courthouse in the city of _____, County of _____, State of Oregon,
on the ___ day of _____, 2___, for the purpose of determining whether the
prayer of the petition shall be granted.
All persons owning or claiming an interest in lands described in
the petition are notified to appear at that place on that date and show
cause, if any there be, why the prayer in the petition should not be
granted. _______________
Clerk of the County Court___________________________________________________________________________
___
(b) Immediately following the notice and as a part thereof, there
shall be published the petition in full, including the signatures thereto.
(2) The county court of the county in which the petition has been
filed shall thereafter maintain and have original and exclusive
jurisdiction coextensive with the boundaries and limits of the district
without regard to county lines, for all purposes of the Drainage District
Act. On or before the date set for the
hearing, any person objecting to the organization and incorporation of
the district may appear and file a writing setting forth specifically and
definitely any objections thereto. (1) At the hearing
the court shall hear and consider any evidence that may be presented for
or against the petition or any objection thereto.
(2) Thereupon the court shall make its findings upon the facts
alleged in the petition or objections and any other facts necessary and
proper for the determination of the propriety of the organization of the
district, which findings shall be entered on the journal of the court.
(3) If it appears to the court that the prayer of the petition
should be granted, the court shall, by its order entered of record,
declare the drainage district organized.
(4) If it appears to the court that the prayer of the petition
should not be granted, the proceedings shall be dismissed and the costs
adjudged against the signers of the petition in proportion to the acreage
represented by each.
(5) In making such findings and decision, the court shall disregard
any error, irregularity or omission which does not affect substantial
rights, and no such error, irregularity or omission shall affect the
validity of the organization or any proceedings taken thereon.
(6) Appeal may be taken de novo from the decision of the court to
the circuit court. [Amended by 1979 c.284 §168]All drainage districts organized before
February 14, 1921, in pursuance of any law relating to drainage districts
passed prior to the enactment of chapter 340, Oregon Laws 1915, shall
have all the powers and be subject to all the provisions of the Drainage
District Act, except in so far as the organization of the district is
concerned.(1) Whenever any diking or
drainage district is sought to be created and organized or is created and
organized in the manner provided by law, within the boundaries of which
are located any lands belonging to the state that have been acquired or
used by or for any state institution described in ORS 179.321, the
Director of Human Services may sign any petition or objections thereto
for the organization of such district and exercise on behalf of the state
with respect to the district and the land therein belonging to the state,
all the rights and privileges of a landowner within the district.
(2) Whenever any such district or proposed district includes any
lands belonging to any public body as defined in ORS 174.109, the
presiding officer of such public body, or other member of the governing
body of such public body, when thereto authorized by a resolution of the
governing body thereof, may sign such petition or objection thereto on
behalf of the public body, and exercise with respect to the district and
the land therein belonging to the public body, all the rights and
privileges of a landowner in the district, including the right to be a
supervisor of the district.
(3) Lands belonging to a public body as defined in ORS 174.109
shall be subject to the same burdens and liabilities and entitled to the
same benefits as lands in the district belonging to private individuals.
The Department of Human Services may pay from any appropriations made for
the operation and maintenance of any institution, the lands of which have
been included in any diking or drainage district, any charges billed to
the department or any assessments levied against such lands by the diking
or drainage district. [Amended by 1959 c.380 §1; 1969 c.597 §61; 1989
c.171 §72; 1991 c.459 §425a; 2003 c.802 §134] The signing of the
petition by the Governor for the organization of a diking or drainage
district on behalf of the state shall be deemed to constitute compliance
with the provisions of ORS 547.005 to 547.015, and any previous such
action by the Governor is hereby ratified and confirmed. [Amended by 1969
c.597 §62]No action, suit or proceeding, under ORS 30.570 or
otherwise, shall be maintained for the purpose of avoiding, setting aside
or otherwise questioning or affecting the validity of the organization of
any district organized under the Drainage District Act, unless such
action, suit or proceeding is commenced within nine months from the date
of the proclamation in such matter made by the county judge; nor for the
purpose of questioning the legality of the boundaries established for
such corporation in such proclamation unless similarly commenced within
nine months therefrom; nor for the purpose of questioning the legality of
any altered boundaries of the district which may be subsequently
established as provided for by ORS 547.250 to 547.260 unless commenced
within nine months from the date of the judgment. [Amended by 2003 c.576
§505] As used in this chapter,
“Drainage District Act” means ORS 547.005 to 547.030, 547.105 to 547.150,
547.205 to 547.240, 547.250 to 547.265, 547.310, 547.315, 547.455 to
547.475, and 547.555 to 547.580.BOARD OF SUPERVISORS; ADMINISTRATION; SURETY BONDS; WARRANTSWithin 30
days after any drainage district has been organized under the provisions
of the Drainage District Act, the county clerk of the county in which the
petition was filed shall call a meeting of the owners of land situated in
the district for the purpose of electing a board of supervisors with
three or five supervisors as determined by the owners of land within the
district. Notice of the meeting shall be given by publication in some
newspaper published in each county in which lands of the district are
situated, at least 10 days before the date of the meeting. The
supervisors shall be owners of land in the district. The landowners,
assembled at the place and time required by the notice, shall organize by
the election of a chairperson and secretary of the meeting who shall
conduct the election. Each owner is entitled to one vote in person or by
proxy for each acre of land owned by the owner in the district. The three
or five persons receiving the highest number of votes shall be declared
elected as supervisors. They shall immediately by lot determine the terms
of their office. If three supervisors are elected, the supervisors shall
serve, respectively, one, two and three years. If five supervisors are
elected, one supervisor shall serve one year, two supervisors shall serve
two years, and two supervisors shall serve three years. The supervisors
first elected shall serve until their successors are elected and
qualified. The majority of the acreage represented shall be necessary to
constitute a quorum for the transaction of business at all landowners’
meetings; provided, however, that when in any year a district shall fail
to have a quorum at its annual meeting called pursuant to ORS 547.110
then the quorum for the annual meeting for the succeeding year shall be
at least 35 percent of the acreage represented. [Amended by 1959 c.379
§1; 2003 c.223 §1]In the same month of each year after the election of the first
board of supervisors, the board shall call a meeting of the owners of
land in the district, after giving notice in the manner provided for in
ORS 547.105. The owners shall meet at the time and place fixed by the
board and elect one or two supervisors in the manner prescribed in ORS
547.105, who shall hold office for three years and until a successor is
elected and qualified. However, after the report of the commissioners has
been confirmed by the court under the provisions of ORS 547.235, only the
owners of the land having benefits attributed to the land shall be
entitled to vote at the annual meetings held under the provisions of this
section. [Amended by 1969 c.669 §14; 1991 c.459 §425b; 2003 c.223 §2] (1) At least six months
prior to an annual meeting of a drainage district, the board of
supervisors of the drainage district may change the number of supervisors
elected to the board, effective at the next annual meeting, by a motion
approved by the affirmative vote of a majority of the supervisors.
(2) If the board of supervisors acts under subsection (1) of this
section:
(a) To change the number of supervisors on the board, the board
shall notify the county clerk of the county in which the petition to form
the district was filed and the Secretary of State at least six months
prior to the annual meeting at which one or more supervisors will be
added to or removed from the board or within 30 days of taking action
under subsection (1) of this section, whichever is later.
(b) To reduce the number of supervisors from five to three, the
board shall phase in the change, beginning at the next annual meeting, in
a manner that allows each supervisor to serve the full term to which the
supervisor was elected. If the decision is made to reduce the number of
supervisors from five to three at an annual meeting at which only one
supervisor is scheduled to be elected, the election must be canceled and
the supervisor whose term is ending shall continue in office until the
following annual meeting. At the following annual meeting, the terms of
two more supervisors will end, and only one supervisor will be elected.
[2003 c.223 §4] Each supervisor before
entering upon official duties shall take and subscribe to an oath before
some officer authorized by law to administer oaths, that the supervisor
will honestly, faithfully and impartially perform the duties devolving
upon the supervisor in office as supervisor of the drainage district in
which the supervisor was elected, and that the supervisor will not
neglect any of the duties imposed upon the supervisor by the Drainage
District Act.The board of supervisors immediately after its
election shall choose one of its number president of the board, and elect
some suitable person secretary, who may or may not be a member of the
board. The board shall adopt a seal with a suitable design, and shall
keep a record of all its proceedings. The board shall report to the
landowners at the annual meeting held under the provisions of ORS 547.110
what work has been done, either by the engineers or otherwise.
Notwithstanding the provisions of ORS 198.190, if the secretary is a
member of the board the secretary shall be entitled to compensation as
provided for in ORS 547.125. [Amended by 1971 c.403 §10; 1973 c.794 §28](1) The secretary of the board of
supervisors in any drainage district shall hold the office of treasurer
of the district, except as otherwise provided in this chapter.
(2) The treasurer shall receipt for all moneys received by the
treasurer and shall keep all funds received by the treasurer from any
source deposited at all times in some insured institution or trust
company, as those terms are defined in ORS 706.008, that is designated by
the board of supervisors. All interest accruing on such funds shall, when
paid, be credited to the district.
(3) The board of supervisors shall audit or have audited the books
of the treasurer each year and make report thereof to the landowners at
the annual meeting and publish a statement within 30 days thereafter,
showing the amount of money received, the amount paid out during the
year, and the amount in the treasury at the beginning and end of the year.
(4) The treasurer shall pay out funds of the district only on
warrants signed by the president of the board and attested by the
signature of the secretary and treasurer.
(5) The secretary shall receive as compensation for performing the
duties of secretary-treasurer such salary as may be fixed and directed to
be paid by resolution of the board. [Amended by 1969 c.345 §14; 1997
c.631 §489]
The board of supervisors of any district organized under the Drainage
District Act shall cause to be kept a well-bound book, entitled “Record
of Proceedings of Board of Supervisors of :HR3. District,” in which shall
be recorded minutes of all meetings, proceedings, certificates, bonds
given by all employees, and any and all corporate acts, which record
shall at all times be open to the inspection of anyone interested,
whether taxpayer or bondholder. The board of supervisors may at any
time remove any officer, attorney or other employee appointed or employed
by the board.(1) The board of supervisors of any
district organized under the provisions of the Drainage District Act
shall, as soon as elected and qualified, impose a uniform charge of not
more than $1 per acre upon the owner of each acre of land within the
district, to be used for the purpose of paying expenses incurred or to be
incurred in organizing the district, making surveys of the same, and
assessing benefits and damages, and to pay other expenses necessary to be
incurred before the board shall be empowered by other provisions of the
Drainage District Act, to provide funds to pay the total cost of works
and improvements of the district. In case the boundary lines of the
district are extended so as to include lands not described and contained
in the petition, the same uniform charge shall be imposed upon the owners
of the included lands as soon as the lands are annexed and included in
the district.
(2) The charge shall be due and payable as soon as imposed and
billed, and if not paid within 60 days after the billing date, the charge
shall become delinquent.
(3) In case the sums received from the charges exceed the total
cost of items for which the charges are imposed, the surplus shall be
placed in the general fund of the district and used to pay cost of
construction. Upon dissolution of the district, any amount of surplus
remaining shall be prorated and refunded to the landowners who paid the
charges. [Amended by 1991 c.459 §425c]All claims against the district
shall be paid by warrants drawn on the district treasurer and signed by
the president and secretary of the board. When any warrant is not paid
when presented to the treasurer because of lack of funds in the treasury,
such fact shall be indorsed on the back of the warrant, and such warrant
shall draw interest thereafter at the rate of six percent per annum until
there is money on hand to pay the amount of the warrant and the interest
then accumulated. No interest shall be allowed on warrants after
sufficient funds are in the treasury to pay the indorsed warrants and
interest. The secretary shall give notice by publication whenever
sufficient funds are available to pay outstanding warrants. The board
shall charge or levy each year a sufficient amount of money to pay the
outstanding warrants of the district to the extent permitted within the
constitutional limitation. [Amended by 1991 c.459 §425d]ENGINEER; PLAN FOR RECLAMATION; COMMISSIONERS; ASSESSMENT OF BENEFITS
Within 30 days after organizing, the board of supervisors shall appoint a
competent civil engineer as chief engineer, who may be an individual,
partnership or corporation, and who shall engage such assistants as the
board of supervisors may approve. The chief engineer shall:
(1) Have control of the engineering work in the district.
(2) Make all necessary surveys of the lands within the boundary
lines of the district, as described in the petition, and of all lands
adjacent thereto that may or will be improved or reclaimed in part or in
whole by any system of drainage or levees that may be outlined and
adopted.
(3) Make a report in writing to the board of supervisors with maps
and profiles of the surveys, which report shall contain a plan for
draining and reclaiming the lands described in the petition or adjacent
thereto from overflow of or damage by water, and which maps and profiles
shall indicate so far as necessary the physical characteristics of the
lands, and location of any public roads, railroads and other rights of
way, roadways and other property or improvements located on such lands.(1) The chief engineer
shall make a report in writing to the board of supervisors whenever the
board requires. Upon receipt of the final report of the engineer
concerning surveys made of the lands contained in the district, and plans
for reclaiming the same, the board shall adopt the report or any
modification thereof approved by the chief engineer. The adopted report
shall be the plan for draining and reclaiming such lands from overflow or
damage by water, and shall be known and designated as the “Plan for
Reclamation.” The plan shall be filed with the secretary of the board of
supervisors and by the secretary copied into the records of the district.
(2) Any lands included in the district, which will not be reclaimed
or benefited by the construction of the work as specified in the plan for
reclamation, may be excluded from the district by order of the county
court. Any charge billed to an owner of land so excluded shall be
refunded to the person paying the same. However, any irrigated lands
contributing to the wet, swamp or overflowed condition of any lands of
the district, the waste or seepage waters from which lands will be
carried by and disposed of through the works specified in the plan for
reclamation, shall be deemed benefited by the construction of the works
as specified in the plan. [Amended by 1991 c.459 §425e]Upon adoption of the plan for reclamation, the
county judge shall, by order, appoint three commissioners (who shall not
be landowners in the district nor of kin within the fourth degree of
consanguinity to any person owning land in the district), one of whom
shall be a civil engineer and two of whom shall be freeholders residing
within the state. A majority of the commissioners shall constitute a
quorum and shall control the action of the board on all questions. Such
commissioners shall constitute a body which shall continue in office and
may be convened at any time by the county court for the purpose of
correcting any errors, omissions or other mistakes that shall have been
discovered in its original report as the same may have been amended and
supplemented from time to time or for any other good cause shown. The
court shall fill any vacancy occurring in such body of commissioners by
appointment of a person who has the qualifications required by this
section of the commissioner the person is to replace. Whenever said body
of commissioners has been reconvened by the court, it shall thereafter
make its report in response to the directions of the court and such
report when completed shall be subject to ORS 547.245, with reference to
a hearing thereon and a confirmation thereof by order or judgment of the
court before such supplemental report shall go into effect. [Amended by
1953 c.434 §2; 2003 c.576 §506]The county clerk upon the filing of the order of appointment shall notify
each commissioner of appointment by written or printed notice, and in the
notice the county clerk shall state the time and place for the first
meeting of the commissioners. The secretary of the board of supervisors
shall attend the meeting, and shall furnish the commissioners a complete
list of all lands in the district, and the names of the owners thereof,
as were contained in the petition, at the date of the judgment of the
court incorporating the district. The secretary shall also furnish the
commissioners a copy of the plan for reclamation, with maps and profiles
in the office of the secretary. The commissioners at the meeting, or
within 10 days thereafter, shall each take and subscribe to an oath that
they will faithfully and impartially discharge their duties as
commissioners and make a true report of the work done by them. They shall
also at the meeting elect one of their own number chairperson. The
secretary of the board of supervisors shall be ex officio secretary of
the commissioners. [Amended by 2003 c.576 §507](1) Within 30 days after qualifying, the
commissioners shall begin their duties. The chief engineer shall
accompany them at all times, and render an opinion in writing when called
for.
(2) The commissioners shall proceed to view the premises and
determine the value of all lands within or without the district to be
acquired and used for rights of way, holding basins or other works set
out in the plan for reclamation. They shall assess the amount of benefits
and the amount of damages, if any, that will accrue to each parcel of
land, including irrigated lands, irrigation ditches and canals which
contribute to the swampy, wet or overflowed condition of those lands, or
any lands, public highways, railroads and other rights of way, roadways
and other property which will be affected by the proposed reclamation
work.
(3) For the purpose of determining benefits under the provisions of
this section, all irrigated lands having an available water supply for
irrigation that are adjacent to and on a higher level than other lands
within the district and which fall naturally within the same watershed as
the land within the district, shall be deemed contributing to the wet,
swampy or overflowed condition of the lands of the district, and shall be
deemed benefited by the construction of the works as specified in the
plan for reclamation.
(4) The commissioners shall give due consideration and credit to
any other drains, ditches, levees or other systems of reclamation which
already have been constructed and which afford partial or complete
protection to any tract or parcel of land in the new district.
(5) The public highways, railroads and other rights of way,
roadways and other property shall be assessed according to the increased
physical efficiency and decreased maintenance cost thereof by reason of
the protection to be derived from the proposed works and improvements.
(6) The commissioners shall have no power to change the plan for
reclamation.
(7) The commissioners shall prepare a report of their findings,
which shall be signed by at least a majority of the commissioners and
filed in the office of the county clerk of the county in which the
district is organized. The secretary of the board of supervisors shall
accompany the commissioners while engaged in their duties, and shall
perform all clerical work of the board. The commissioners shall report to
the board of supervisors the number of days each was employed and the
actual expenses incurred. Each commissioner shall be paid $5 per day for
services, and necessary expenses in addition thereto. (1)
Upon the filing of the report of the commissioners, the county clerk
shall give notice thereof by publication once a week for three
consecutive weeks in some newspaper published in each county in the
district. It shall not be necessary for the notice to name the parties
interested. The notice shall be in small type, in substantially the
following form:
___________________________________________________________________________
___
Notice of Filing of Commissioners’ Report for
_____ Drainage District
Notice is given to all persons interested in the land included
within the _____ drainage district, _____ County (or counties), Oregon,
(here describe land or give boundaries of district) that the
commissioners heretofore appointed to assess benefits and damages to the
property and lands situate in the drainage district and to appraise the
cash value of the land necessary to be taken for rights of way, holding
basins and other works of the district within or without its limits,
filed their report in this office on the ___ day of ______, 2___, and you
are notified that you may examine the report and file exceptions to all
or any part thereof, on or before the ___ day of _____, 2___.
________________ County Clerk of _____ County, Oregon.
___________________________________________________________________________
___
(2) Where lands in different counties are contained in the report,
the notice shall be published in some newspaper in each county in which
the lands so affected are situated.The drainage district or any owner
of land in the district may file exceptions to the report or to any
assessment of either benefits or damages, within 10 days after the last
day of publication of the notice provided for in ORS 547.230. All
exceptions shall be heard by the court and such amendments and
modifications made to the report of the commissioners as may in the
court’s judgment be equitable. When it appears to the satisfaction of the
court, after having heard and determined all the exceptions, that the
estimated cost of the improvement contemplated in the plan for
reclamation is less than the benefits to be derived therefrom, the court
shall approve and confirm the commissioners’ report, as so amended and
modified. The county clerk shall transmit a certified copy of the
judgment and copy of the commissioners’ report, as confirmed or amended
by the court, to the secretary of the board of supervisors of the
district and to the clerk of each county having lands in the district, or
affected by the report, where the same shall become a permanent record.
Each such county clerk shall receive a fee of $3.75 for receiving, filing
and preserving the same. Any person may appeal from the judgment of the
court. [Amended by 1971 c.621 §39; 1975 c.607 §42; 1979 c.833 §34; 1981
c.835 §16; 2003 c.576 §508]If after determining the
objections made to the commissioners’ report, the court finds that the
estimated costs of works and improvements as reported by the
commissioners, or as amended by the court, exceed the estimated benefits,
the court shall then render a judgment, declaring the incorporation of
the district to be dissolved as soon as all costs incurred, which shall
include court costs and all obligations and expenses incurred in behalf
of the district by the board of supervisors, are paid. If the uniform
charge made under ORS 547.140 is found insufficient to pay all the costs,
the board of supervisors shall make such additional uniform charges as
will be necessary to pay the deficiency. [Amended by 1991 c.459 §425f;
2003 c.576 §509] At any time after the expiration
of five years from the confirmation of the report of the commissioners,
as provided by ORS 547.235, and upon the filing of a petition with the
county clerk signed by at least one-tenth of the owners of the lands
within the drainage district or the owners of at least one-tenth of the
lands within such district, setting forth that the original assessments
or benefits are inequitable and unjust, the county court shall appoint
three commissioners, as provided by ORS 547.215, to reassess the benefits
in the district. The commissioners shall report the reassessment to the
court. Upon the filing of the report of the commissioners, the county
clerk shall give notice of hearing thereon by publication once a week for
three consecutive weeks in some newspaper published in each county in the
district, the last insertion to be made at least 15 days prior to the
hearing. At least 10 days before the day set for hearing, exceptions may
be filed by any interested person, and upon hearing the same the court
shall approve the report or direct how it shall be modified and, when so
modified or approved, shall confirm it. The assessment as confirmed shall
take the place of all prior assessments; provided, that in no case shall
the total amount of assessments be less than the outstanding obligations.
The county clerk shall transmit a certified copy of the court’s judgment
and copy of the commissioners’ report, as confirmed or amended by the
court, to the secretary of the board of supervisors of the district and
to the county clerk of each county having lands in the district. [Amended
by 2003 c.576 §510]The board of supervisors shall have power to make any
change in the plan for reclamation by action of the board until such time
as the commissioners have filed their report. After that all changes
shall be made as follows:
(1) The board of supervisors, for and in behalf of the district, or
the owners of land adjacent to the district, may file a petition in the
office of the clerk of the court which organized the district, praying
the court to amend its former judgment incorporating the district, by
correcting the names of landowners, by striking out any such names, by
adding, striking out or correcting the descriptions of any lands within
or alleged to be within the boundary lines of the district, or in any
other manner.
(2) The petition may ask permission of the court to amend or change
the plan for reclamation or to correct any errors, omissions or other
mistakes that have been discovered in the plan or may ask that the
boundary lines of the district be extended so as to include lands not
described by and included in the petition and judgment of the court
incorporating the district. However, in no case shall any lands be
included in the district other than the lands described in the original
petition for the creation of the district and in the judgment of the
court incorporating it, unless the persons shown by the records of the
county to be the owners of not less than 60 percent of the acreage sought
to be brought within the boundary lines of the district and not described
in and included in the original petition and judgment of the court
incorporating such district, shall first sign and file with the court a
petition therefor.
(3) If the petition asks that the lines of the district be in any
manner changed, it shall also ask the court to appoint three
commissioners, as provided for under ORS 547.215, to appraise the land
that shall be taken for rights of way, holding basins, or other works, or
assess the benefits and damages to any lands, public highways, railroad
and other property already in the district, or that may be annexed to the
district by the proposed amendments and changes to the plan for
reclamation or the proposed change in the boundary lines. As soon as the
petition is filed the clerk of the court shall give notice in the manner
and for the time provided for in ORS 547.020, the notice to be
substantially in the following form:
___________________________________________________________________________
___
Notice of Drainage Hearing.
To the owners and all persons interested in the lands corporate and
other property in and adjacent to _____ Drainage District:
You are notified that (here state by whom petition was filed) has
filed in the office of the county clerk of _____ County, _____, a
petition praying the county court for permission to (here insert the
prayer of the petition), and unless you show cause to the contrary on or
before the first day of the next term of the _____ County Court to be
held on the ___ day of _____, 2___, the prayer of the petition may be
granted.________________County Clerk of _____ County.
___________________________________________________________________________
___ [Amended by 2003 c.576 §511] Any
owner of land located in the district, or any owner of land located
outside of the district that will be affected by the proposed changes,
amendments, and corrections enumerated in the petition, may file
objections to the granting of the prayer of the petition, on or before
the first day of the term of court at which the petition is to be heard.
The court shall hear the petition and all objections filed against it in
a summary manner and enter a judgment according to its findings. The
clerk of the court shall, within 15 days after the granting of the
judgment, transmit a certified copy of the judgment and of the petition
to the secretary of the board of supervisors, and to the recorder of
deeds of each county having land in the district. Each such recorder
shall file and preserve the same in the recorder’s office, for which the
recorder shall receive a fee of $3.75. [Amended by 1971 c.621 §40; 1975
c.607 §43; 1979 c.833 §35; 1981 c.835 §17; 2003 c.576 §512](1) If the judgment of the court provides that
the plan for reclamation may be amended, changed or corrected or the
boundary lines of the district extended, the court shall appoint three
commissioners, possessing the same qualifications as the commissioners
appointed under ORS 547.215, to appraise property to be taken, assess
benefits and damages, and estimate the cost of improvements the same as
is required of commissioners acting under ORS 547.225. The commissioners
shall make their report in writing and file it with the county clerk,
after which the case shall be proceeded with in the same manner as is
provided for the organization of drainage districts.
(2) If the petition is dismissed the district shall pay the cost;
but if the petition is sustained in whole or in part the objectors shall
pay the court costs. [Amended by 2003 c.576 §513]Where the works set out in the plan for reclamation of
any drainage district are found insufficient to reclaim in whole or in
part any or all of the land of the district, the board of supervisors may
formulate new or amended plans containing new ditches, levees or other
works, and additional assessments may be made in conformity with the
provisions of ORS 547.225, the same to be made in proportion to the
increased benefits accruing to the lands because of the additional works.
If it should be found at any time that the total of the charges made
under ORS 547.455 to 547.485 is insufficient to pay the cost of works set
out in the plan for reclamation or additional work done under this
section, the board of supervisors may impose an additional charge to
provide funds to complete the work, provided the total of all charges
does not exceed the total amount of benefits assessed. [Amended by 1991
c.459 §425g]WORKS AND IMPROVEMENTS
OF DISTRICT(1) The officers and employees of any drainage
district shall have the right to:
(a) Enter upon any land in the manner provided by ORS 35.220.
(b) Locate the necessary drainage or irrigation works and the
necessary branches for the same, on any lands that may be deemed best for
such location.
(c) Acquire, either by lease, purchase, condemnation or other legal
means, all lands, rights of way, easements and other property necessary
for the construction, operation or maintenance of any drainage or
irrigation works, including the enlargement, improvement or extension of
any natural or artificial waterway for such purposes.
(d) Make all necessary water filings or appropriation of water
under the general laws of Oregon for irrigation of lands within such
district.
(2) The property, the right to condemn which is hereby given, shall
include property already devoted to public use that is less necessary
than the use for which it is required by the district, whether used for
drainage, irrigation or any other purpose. The right of way is hereby
given, dedicated and set apart to locate, construct and maintain such
drainage or irrigation works over and through any of the lands that are
now or may be the property of this state.
(3) In the acquisition of property or rights by condemnation,
proceedings under the provisions of this section shall be brought in the
name of the district under the provisions of ORS chapter 35. [Amended by
2003 c.477 §8](1) The board of supervisors shall have full power and
authority to:
(a) Build, construct and complete any works and improvements needed
to carry out the plan of reclamation.
(b) In the name of the district, make all necessary water filings
and appropriations of water for the subsequent irrigation of the lands
within the district.
(c) Construct, operate and maintain irrigation works for the
irrigation of the lands within the district.
(d) Hire personnel and purchase machinery, equipment and supplies.
(2) The board may after advertising for bids, let a contract for
construction of the whole or any part of the drainage or irrigation works
to the lowest responsible bidder, which contract shall be in writing. The
complete plans and specifications for the drainage or irrigation of the
lands shall be attached to and made a part of each contract. Good and
sufficient bond, running in favor of the district, shall be required of
each contractor, conditioned that the contractor will well and truly
comply with all the provisions of the contract and perform all work in
accordance with the terms thereof.
(3) The chief engineer shall be superintendent of all the works and
improvements and shall, whenever required, and at least once each year,
make a full report to the board of all work done and improvements and
make such suggestions and recommendations to the board as the chief
engineer deems proper. [Amended by 1989 c.182 §31](1) At the time of the construction
in any district of the plan for reclamation, all ditches or systems of
drainage already constructed in the district and all watercourses shall,
if necessary to the drainage of any lands in the district, be connected
with and made a part of the works and improvements of the plan of
drainage of the district. But no ditches, drains or systems of drainage
constructed in the district shall be connected therewith, unless the
consent of the board of supervisors is first obtained. This consent shall
be in writing and shall particularly describe the method, terms and
conditions of such connection, and shall be approved by the chief
engineer. The connections, if made, shall be in strict accord with the
method, terms and conditions laid down in the consent.
(2) If the landowners wishing to make such connection are refused
by the board of supervisors or decline to accept the consent granted,
such owners may file a petition for such connection in the circuit court
having jurisdiction in the district, and the matter in dispute shall in a
summary manner be decided by the court, whose decision shall be final and
binding on the district and landowners.
(3) No connection with the works or improvements of the plan of
drainage of the district or with any ditch, drain or artificial drainage
wholly within the district shall be made, caused or effected by any
landowner, company or corporation, municipal or private, by means of or
with any ditch, drain, cut, fill, roadbed, levee, embankment or
artificial drainage wholly without the limits of the district, unless
such connection is consented to by the board of supervisors, or in the
manner hereinbefore provided.
Whenever it appears necessary, proper or beneficial to irrigate any of
the lands within any drainage district, whether or not the drainage works
have been actually acquired or constructed, the district may cause
irrigation reservoirs, canals, ditches, and other works to be
constructed, operated and maintained. To this end the district shall in
all respects have the same power and authority as is conferred respecting
drainage, and all powers conferred upon drainage districts by ORS
547.305, 547.310, 547.355 and 547.360 with respect to drainage shall be
construed to include irrigation. However, any bonds issued solely for
irrigation purposes shall be known as “Irrigation bonds of :HR3. drainage
district.”(1) Any drainage district embracing less than 1,000 acres
may:
(a) Within and adjacent to the district, own, construct, install,
contract to use and to receive service from, and buy and sell, wells,
reservoirs, pumps, pipelines and other equipment used to supply water
from wells for domestic purposes and for watering lawns and gardens.
(b) Buy and sell, deliver, supply and dispose of water for domestic
purposes and for watering lawns and gardens, for profit, to any person
within the limits of such drainage district or adjacent thereto.
(c) Fix and collect the rates and charges therefor.
(2) The board of supervisors may act for such district in
exercising the power and authority herein provided.CONTRACTS WITH UNITED STATES FOR RECLAMATIONThe board of supervisors of any drainage district,
whenever it is determined by the board that it is for the best interests
of the district, may enter into a contract with the United States for the
reclamation by drainage or irrigation of the lands within the boundaries
of the district, under the provisions of the Act of Congress of June 17,
1902 (32 Stat. 388), and Acts amendatory thereof and supplementary
thereto, and especially the Act of Congress approved August 13, 1914,
entitled, “An act extending the period of payment under reclamation
projects, and for other purposes,” commonly known as the “Twenty-Year
Extension Act.”The board of supervisors of any drainage district shall
provide by a resolution, adopted at a regular meeting or at a special
meeting called for that purpose, for the payment of the amounts to become
due under such contract with the United States, according to the
provisions of the contract, by assessment upon the lands which are to be
benefited by the drainage or irrigation. The assessments shall be a lien
upon the lands of the district to the same extent as other assessments
under the drainage laws of this state, and, except as provided in ORS
547.492, shall be collected by the tax collector of the county within
which the lands are situated the same as other taxes are collected.
[Amended by 1991 c.459 §425h]DISTRICTS WEST OF CASCADES; CONSTRUCTION AND MAINTENANCE OF DITCHESThe boards of supervisors of all drainage districts lying
west of the Cascade Mountains, whether or not organized under the
Drainage District Act, shall have supervision and control of all drainage
ditches, laterals, drains, canals, sloughs, waterways or conduits within
the boundaries of their districts and may prescribe the width and grade
thereof. They may construct and maintain ditches, laterals, drains,
canals, sloughs, waterways or conduits within the boundaries of their
districts.(1) Whenever the engineer or secretary of such a drainage
district notifies the supervisors that any ditch, lateral, drain, canal,
slough, waterway or conduit is less efficient, by reason of the failure
of the owner of the premises upon which it is situated to repair, clean
or grade the same, the board of supervisors shall serve or cause to be
served upon such owner, if the owner is known and residing within the
county in which the district is situate, or if not a resident of the
county, then upon the occupant of the premises, a notice in writing
notifying the owner or occupant of the clogged or obstructed condition of
the ditch, lateral, drain, canal, slough, waterway or conduit.
(2) The notice shall be served by delivering to the owner, occupant
or person in charge of the premises a copy thereof certified to be such
by the person serving it, or if there is no occupant or the owner is not
a resident of the county, then the notice shall be served by posting a
copy of it in a conspicuous place upon the premises. Immediately after
serving or posting the notice, the person serving it, by authority of the
board of supervisors, shall file the original notice with the county
clerk of the county in which service is made, together with a return on
the notice stating the time and manner of making service. The notice and
return, when so filed, shall be retained as a public record of the county.If the owner or occupant of the premises upon which the
clogged or obstructed ditch, lateral, drain, canal, slough, waterway or
conduit is situated fails for 10 days after being notified of the
existence of such clogged or obstructed condition, to repair, clean or
grade the ditch, lateral, drain, canal, slough, waterway or conduit or
remove the obstruction therefrom, the board of supervisors shall
immediately repair, clean or grade the same and cause it to be promptly
placed in a proper and efficient condition.(1) Upon completion of the work the board of
supervisors shall bill the owner or occupant of the premises for the
expense necessarily incurred in the repair, grading or cleaning of the
canal, ditch, lateral, drain, slough, waterway or conduit.
(2) If any charge remains unpaid beyond the due date thereof, the
secretary of the district may file a notice of claim of lien with the
county clerk of the county in which the lands for which the charges were
billed are situated. The notice of lien shall be in writing and must
contain:
(a) The name of the landowner or occupier who was billed.
(b) A statement of the amount claimed past due.
(c) A description of the land upon which the work was completed
sufficient for identification.
(3) The county clerk shall cause the notice of lien to be recorded
in the County Clerk Lien Record maintained under ORS 205.125. The amount
of the charges and expense, as of the date the notice of lien is filed,
shall constitute a first lien upon the lands or premises, except as to
taxes. If the charges and expenses are not paid and the lien discharged
by the owner or occupant within 30 days from the date the notice is
filed, suit or action may be brought in the name of the drainage district
for the foreclosure of the lien. The suit or action shall be brought by
the district attorney, or, at the option of the board, by an attorney
employed by the board. The lands affected thereby shall be sold under
execution for the payment and satisfaction of the lien and of the costs
and disbursements incurred in connection with the prosecution of the suit
or action. [Amended by 1991 c.459 §425i] No person shall:
(1) Throw, dump or place or allow to be thrown, dumped or placed,
any rubbish, refuse or any article or thing in any ditch, lateral, canal,
slough, waterway or conduit used as a part of or in connection with any
drainage works or drainage plant or drainage system or any waterway under
the control of any drainage district lying west of the Cascade Mountains;
or
(2) Befoul or pollute or allow to be befouled or polluted any such
ditch, lateral, canal, slough, waterway or conduit; or
(3) In any manner obstruct or permit to be obstructed by stock any
such waterway, canal, ditch, lateral, slough or conduit.Any person who throws, dumps or places
or allows to be thrown, dumped or placed, any rubbish, refuse, or any
article or thing in any such ditch, lateral, canal, slough, waterway or
conduit shall, in addition to the penalty provided in ORS 547.990, also
be liable to the owner of the ditch, lateral, canal, slough, waterway or
conduit, or other person or district having control, charge or
supervision of the same, for all expense legitimately occasioned or
incurred by such person or district in the removal of any such rubbish,
refuse or other article or thing or the prevention of such befoulment or
pollution, and for all damage that may be done or occasioned to the
ditch, lateral, canal, slough, waterway or conduit by reason of such
dumping, throwing or placing of the rubbish, refuse or article or thing,
or the befoulment or pollution. The sum may be recovered in a civil
action brought in the name of the person or district having control of or
using the ditch, lateral, canal, slough, waterway or conduit that was
injured, damaged, befouled, polluted or obstructed.ASSESSMENTS, CHARGES AND TAXES(1) The board of supervisors shall each year make a computation
of the whole amount of money to be raised by the district through charges
or assessments for the ensuing year for any purposes whatsoever in
carrying out the provisions of the Drainage District Act, including
maintenance and operation and estimated delinquencies on charges or
assessments. This amount when determined by the board shall constitute an
assessment upon all the land included in the district and shall be
apportioned by the board in accordance with the report of the
commissioners as confirmed or amended by the court as provided for in ORS
547.235.
(2) Any land owned by any person totaling less than one acre shall
be charged or assessed as one acre.
(3) Any land, the title to which is vested in the state, or state
lands sold under contract in any drainage district, shall be subject to
charge or taxation by the district, and the full amount of the charge or
assessment due against such lands shall be paid to the district at the
same times and in the same manner as other drainage district charges and
assessments are paid.
(4) The tax collector shall receive any past due bond of the
drainage district or any past due interest coupon from any bond of the
district in payment of any charge or assessment made for the purpose of
paying bonds or bond interest of the district, and shall receive in
payment of charges or assessments levied for operation and maintenance
purposes any warrants drawn upon the operation and maintenance fund, such
warrants received in payment of charges and assessments to be in order of
issuance. [Amended by 1953 c.446 §3; 1991 c.459 §425j]Any land situated within a drainage district, the title to
which is vested in any county, city or town, shall be subject to
taxation, assessment or charge by the district. The full amount of taxes
or assessments due against the land or the full amount of charges imposed
upon the county, city or town shall be paid to the district at the same
times and in the same manner as other drainage district taxes,
assessments or charges. [Amended by 1991 c.459 §425k]
Whenever lands located in a drainage district which, because of their low
elevation, were not assessed benefits in accordance with ORS 547.225, are
used for growing crops, the board of supervisors may levy an annual
assessment against the lands or may impose a charge upon the owners of
the lands for maintenance and operation. The assessment or charge shall
not exceed 100 percent of the rate levied against assessed lands in the
district, or imposed upon owners of land in the district, having the
lowest elevation. The charges or assessments shall be collected in the
same manner as other charges or assessments for maintenance and operation
in drainage districts are collected. [Amended by 1991 c.459 §425L] When, in the
judgment of the board of supervisors of any drainage district, it is
deemed necessary or expedient to drain any lake, which entails extra or
additional work in excess of that required in the drainage of lands of
higher elevation and where the cost of maintenance and pumping to
maintain drainage of such lake will be in excess of that necessary for
the reclamation and maintenance of lands within the district other than
such lake, an extra assessment or charge for such additional work or a
higher rate for such pumping and maintenance may be charged and made
against the lands, or owners or occupants of the lands, covered by such
lake, to the extent of the respective additional benefits to such lands
over lands of a higher elevation in the district and benefited thereby.
[Amended by 1991 c.459 §425m] The board of
supervisors shall prepare a list or record of assessments and
apportionments, giving the description of the ownership or holdings of
each person therein assessed, which shall be certified by the board in
the manner provided in ORS 310.060 not later than June 15 of each year to
the county assessor of each county in which lands of the district are
situated. The county assessor shall enter the assessment upon the county
assessor’s roll against the property therein described, in the same
manner as other municipal taxes are entered by the county assessor.
[Amended by 1963 c.168 §1; 1991 c.459 §425n] The collection of the tax
shall be coincident with collection of the state and county tax, and
shall be governed by the laws relating thereto, except that the tax
collector shall collect and account for the tax for operation and
maintenance separate from the taxes levied by the district for other
purposes. When paid to the county treasurer all taxes or assessments
levied and collected for operation and maintenance shall be carried in a
fund to be known as the operation and maintenance fund. All warrants
issued in payment for operation and maintenance, as provided in ORS
547.150, shall be drawn against and paid out of this fund. The county
treasurer shall make returns to the secretary of the board of
supervisors, and shall pay over and account for all moneys collected
thereon quarterly to the treasurer of the district. [Amended by 1973
c.305 §19]For purposes of ad valorem taxation, a boundary change must
be filed in final approved form with the county assessor and the
Department of Revenue as provided in ORS 308.225. [2001 c.138 §42]Note: 547.482 was added to and made a part of ORS chapter 547 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.In case of neglect or refusal of the
board of supervisors to cause such assessment and levy to be made, the
assessment and levy shall be made by the governing body of the county in
which the office of the board of supervisors is situated, sitting for the
transaction of county business, in the same manner that the court or
board levies county taxes. The levy and assessment shall contain the
apportionments and description of ownership holdings of each person
assessed in the same manner as provided in ORS 547.475 and shall be
certified to the assessor not later than July 15 in the manner provided
in ORS 310.060. All expenses incident thereto shall be borne by the
district. The levy and assessment shall be entered on the county tax roll
by the county assessor in the manner provided in ORS 547.475. [Amended by
1963 c.168 §2; 1991 c.459 §425o] All
drainage districts containing not more than 2,000 acres, organized under
the provisions of the Drainage District Act, may waive payment of penalty
or interest, or both, on district assessments. County tax collecting
officers are authorized to collect and receipt for assessments levied by
any such drainage district, waiving payment of penalty or interest, or
both, when presented with a certified copy of resolution or other action
of the drainage district waiving such payment. (1) The board of
supervisors of a drainage district may provide by resolution for the
imposition, billing and collection of charges or assessments of the
district in the manner provided under ORS 545.482, 545.484, and 545.494
to 545.508 for irrigation districts. The method of collecting district
charges or assessments authorized by this section shall be in lieu of the
method provided for under ORS 547.455 to 547.490.
(2) A resolution adopted under this section may apply to charges or
assessments for operation and maintenance, repairs, bond or interest
payments, payments due or to become due to the United States under any
contract of the district with the United States or other expenses of the
district.
(3) Where, in ORS 545.482, 545.484 and 545.494 to 545.508, the
board or an officer of an irrigation district is referred to, the
corresponding board or officer of a drainage district shall perform the
required actions. [1985 c.803 §2; 1991 c.459 §425p] All drainage districts
organized pursuant to the provisions of the Drainage District Act shall
have a lien on all crops grown on lands within such districts for that
portion of the annual charges or assessments, levied against the lands on
which the crops are grown, or imposed upon the owners or occupants of the
land, that are for maintenance and operation of such districts. This lien
shall be prior to every other lien, mortgage or encumbrance on the crop,
except labor liens now granted by the laws of Oregon and crop mortgages
given by landowners in the district to federal or state loaning agencies
set up by the federal government or the state to secure loans, the
proceeds of which are used in the production of crops of such landowners,
provided such loaning agencies certify to the districts that such loans
cannot otherwise be made to the landowners. The lien shall be in addition
to any other lien securing the payment of maintenance and operation
charges or assessments, and shall be a continuing one and shall bind the
crops after, as well as before, they have been gathered; provided, that
the share of any tenant who has leased such lands on a share rent basis
shall be exempt from the lien to the extent of three-fourths of the
entire crop. [Amended by 1991 c.459 §425q] The board
of supervisors of every drainage district which may elect to claim the
benefits of ORS 547.495 to 547.515 shall file with the county clerk of
the county in which the land is located, any time before the removal of
the crop upon which a lien is desired, a statement verified by the oath
of the secretary of the board or some person having knowledge of the
facts, setting forth the amount of that portion of the annual charges or
assessments for maintenance and operation levied against the land, or
imposed upon the owners or occupants of the land, on which the crop is
grown and for which a lien is desired, with a description of the land
sufficient for identification, the name of the owner of the crop, or
reputed owner if known, and the name of the owner of the land on which
the crop is grown. [Amended by 1991 c.459 §425r] The county
clerk shall record the claim in a book kept for that purpose. The record
shall be indexed as the record of chattel mortgages is kept and indexed. (1) A claim for lien
substantially in the following form shall be sufficient:
___________________________________________________________________________
___
NOTICE OF LIEN UPON CROPS
Notice is given that _____, a drainage district organized under and
pursuant to the provisions of ORS chapter 547, claims a lien upon that
certain crop of _____ growing on the following described lands located in
the drainage district in :HR3. County, Oregon: _____, for that portion of
the annual charges or assessments levied by the above-named drainage
district against lands, or owners or occupants of the lands, on which the
crop is growing, for maintenance and operation of the district, in the
sum of $___; that the name of the owner or reputed owner of the crop is
_____; that the owner of the land on which the crop is growing is _____;
that no part of the charge or assessment for which a lien herein is
claimed has been paid, except $___; and that there now is due and
remaining unpaid thereon, after deducting all just credits and offsets,
the sum of $___.
____________, Claimant.State of Oregon, )
) ss.
County )
of ___________ )I, ____________, being first duly sworn, on oath say that I am
_____ of the drainage district named in the foregoing claim, that I have
personal knowledge of the facts therein set out; that I know the contents
thereof, and believe the same to be true.____________Subscribed and sworn to before me this ___ day of _____, 2___.____________
Notary Public for Oregon
(Seal) My commission expires________.
___________________________________________________________________________
___ (2) The lien so created may be foreclosed in the manner provided in
ORS 79.0601 to 79.0628. [Amended by 1961 c.726 §418; 1991 c.459 §425s;
2001 c.445 §176]Note: For transition provisions regarding secured transactions, see
notes under 79.0628.When such crops are
removed from the county in which the notice of lien is recorded, the lien
shall be suspended as to subsequent purchasers and mortgagees thereof in
good faith and for a valuable consideration, from and after 30 days from
the time of such removal, unless within 30 days from the time of such
removal the notice of lien is recorded in the county to which the
property is removed. The lien shall remain suspended until the notice of
lien is recorded in the county to which the crop is removed; but shall be
a lien upon the crop while it is in any county in which the notice of the
lien is recorded.BONDS OF DISTRICT
(1) The board of supervisors may, if in its judgment it seems best, and
subject to the approval of the electors of the district, issue bonds of
the district for any purpose necessary or convenient to carry out the
provisions of the Drainage District Act, including refunding of
outstanding bonds, in denominations of not less than $100, bearing
interest from date at a rate determined by the board, payable
semiannually, to mature at annual intervals within 40 years, commencing
after a period of years not later than five years, to be determined by
the board of supervisors, both principal and interest being payable at
some convenient insured institution or trust company, as those terms are
defined in ORS 706.008, that is named in the bonds. Principal and
interest, including principal, interest and premium payments made to
redeem bonds under ORS 547.580, may be payable at the office of the
treasurer of the district.
(2) The bonds shall be signed by the president of the board,
attested with the seal of the district and by the signature of the
secretary of the board. They may be issued so as to mature serially in
annual amounts so as to be approximately equal, principal and interest,
and may be issued so as to include a sum sufficient to pay the first four
years’ interest, or less, to accrue on the bonds. [Amended by 1969 c.694
§36; 1977 c.188 §8; 1983 c.740 §215; 1991 c.459 §425t; 1997 c.631 §490;
2001 c.215 §20] The board of supervisors may
sell, from time to time, the bonds which have been authorized, in such
quantities as may be necessary and most advantageous. Before making any
sale, the board shall, at a meeting, by resolution, declare its intention
to sell a specified amount of bonds and the day, hour and place of such
sale, and shall cause notice thereof to be given by publication for at
least 30 days in three newspapers published in Oregon, one of which shall
be a newspaper published in the county in which the office of the board
is situated, if there is a newspaper published in that county, and in any
other newspaper at its discretion. The notice shall state that sealed
proposals will be received by the board of supervisors at its office for
the purchase of bonds until the day and hour named in the resolution. At
the time appointed, the board shall open the proposals and may reject any
and all bids. After offering the bonds for sale, if no satisfactory bid
is received the board may use them for any purpose for which the proceeds
from the sale of bonds may be used, but the board shall in no event sell
or dispose of any of said bonds for less than 90 percent of the face
value thereof. Nothing in this section shall inhibit the district from
providing for the drainage of lands within the district, in units or
portions, from time to time. The bonds and the
interest thereon and all obligations for the payment of money authorized
and incurred by such district shall be general obligations of the
district and shall be paid by the revenue derived from the annual
assessments upon the real property within the district. All the real
property within the district shall be liable to be assessed for such
payments under and subject to the provisions of ORS 547.455 to 547.485.
[Amended by 1993 c.97 §18] (1) The treasurer shall account
for and pay over as required by law and as ordered by the board, any
money received by the treasurer on the sale of the bonds.
(2) If the board deems it more expedient, the board may, by
resolution, select some suitable bank or other depository as temporary
treasurer to receive the money derived from the sale of bonds, and to
hold and disburse the moneys on the orders of the board as the work
progresses, until the fund is exhausted or transferred to the treasurer
by order of the board of supervisors. [Amended by 1969 c.345 §15] The treasurer shall keep a
bond fund account into which shall be covered all moneys arising from the
sale of refunding bonds and sufficient money arising from assessment and
levy to meet the next installment of principal and interest upon the
bonds of the district. From the fund the treasurer shall pay the
principal and interest on bonds as they mature and the bonds and interest
coupons are presented. Moneys received from the sale of bonds other than
refunding bonds, and otherwise for the construction and acquisition of
works and all other moneys whatsoever shall be covered into a general
fund from which shall be defrayed all obligations of the district other
than those in this section above described. (1)
After five years from the issuance of bonds, the board may direct the
district treasurer to redeem so much of the bonds not yet due as surplus
funds permit at the lowest value at which they may be offered for
liquidation, or call bonds at a premium of three percent. Notwithstanding
anything contained in ORS 547.555 to 547.580, the board may call for
payment and retire before maturity any bonds issued in accordance with
ORS 547.555 to 547.580.
(2) Notice of intention to call bonds for payment before maturity
shall be given by the district board by publication in a newspaper
published and regularly circulated in the counties in which the district
lands lie, at least once a week for four successive weeks, beginning not
less than 90 days prior to an interest-paying period. The notice shall
state the number and amount of the bonds to be retired, the price to be
paid, and the date and place where the same are to be paid.
(3) Bonds shall be retired in numerical order, and not otherwise.
No bonds shall be retired under this section except on a day when
interest is payable by the terms of the bonds and on and after the date
named in the published notice. Interest on bonds described therein shall
cease after the date named in the published notice. [Amended by 1969
c.694 §39; 2001 c.215 §21]FUNDING AND REFUNDING OF DEBT UNDER 1909 ACT The
board of trustees of any drainage or levee district having an outstanding
indebtedness of not less than $3 per acre for each acre of land included
in the district, evidenced by bonds or warrants of the district, may, if
the board considers it for the best interests of the district, fund or
refund the same or any part thereof and issue bonds of the district
therefor in sums of not less than $100 nor more than $1,000, each having
not more than 20 years to run, and bearing a rate of interest determined
by the board of trustees, payable semiannually. Both principal and
interest may be made payable at a place named by the board. The bonds
shall be negotiable in a form to be selected by the board of trustees,
numbered consecutively, signed by the president of the board and
countersigned by the clerk of the county in which payable, who shall
thereto affix the official seal. Interest coupons shall be attached to
each bond. The bonds shall then be delivered to the treasurer of the
district, who shall stand charged upon the official bond for all bonds
delivered to the treasurer and the proceeds thereof. [Amended by 1969
c.694 §40; 1977 c.188 §9; 1981 c.94 §46; 2001 c.215 §22](1) The
board of trustees shall sell or exchange the bonds so issued, on the best
available terms, for any legal indebtedness of the district. If the sale
is made for money, the proceeds shall be applied to the payment of
liabilities existing against the district at that time. When the bonds
are exchanged for bonds or warrants or other legal evidence of district
indebtedness, the district treasurer shall at once cancel the evidence of
indebtedness by indorsing thereon the amount for which they were
received, the word “canceled” and the date of cancellation.
(2) The district treasurer shall keep a record of all bonds issued,
sold or exchanged under subsection (1) of this section by number, date of
issuance, date of sale, amount, date of maturity, rate of interest, the
name and post-office address of the purchaser, and if exchanged, what
evidence of indebtedness was received therefor. This record shall be open
at all times for public inspection. [Amended by 1969 c.694 §41; 2001
c.215 §23]
The board of trustees shall cause to be assessed and levied each year
upon the assessable property of the district, in addition to the levy
authorized for other purposes, a sufficient sum to pay the interest on
outstanding bonds issued in conformity with the provisions of ORS 547.605
to 547.620, accruing before the next annual levy, and such proportion of
the principal as in their judgment will be for the best interests of the
district, to create and raise a sinking fund to retire the bonds and to
be used for no other purpose whatever. [Amended by 1969 c.694 §42; 2001
c.215 §24](1) Whenever there is in
the sinking fund a surplus of $500 or more, over and above the interest
maturing before the next levy, the district treasurer shall give notice
for two weeks in one or more newspapers of general circulation printed
and published in the county in which the district was first organized.
The notice shall state the amount of such surplus and that on the day and
hour named in the notice, sealed propositions will be received at the
office of the district treasurer for surrender of bonds of the district.
(2) The district treasurer shall, at the time and place named, open
the propositions and accept the lowest bid. However, no bid shall be
accepted for an amount exceeding the par value of the bonds with accrued
interest thereon and seven percent premium. If bids are not offered at
that figure, or less, sufficient to exhaust the amount of surplus on
hand, the board of trustees may then call in any bonds of the district,
giving the numbers thereof in the exact order of their issuance beginning
with the lowest or first number, and redeem the same at par value and
five percent premium with accrued interest to date of such recall.
Thereafter interest thereon ceases and the amount due shall be set aside
for payment of the bonds whenever presented. [Amended by 1969 c.694 §43;
2001 c.215 §25]ALTERNATIVE METHOD OF REFUNDING INDEBTEDNESS OR ISSUING BONDS Any drainage
district desiring to refund its outstanding indebtedness or issue bonds
for any purposes may, in lieu of the procedure otherwise provided by law,
elect to adopt the procedure provided by ORS 547.660 to 547.695.
The board of supervisors of any drainage district desiring to issue
refunding bonds to replace or in satisfaction or discharge of any
outstanding indebtedness may exchange such refunding bonds for the
outstanding indebtedness in full compromise, satisfaction and discharge
thereof, and shall issue the bonds in such denominations and in such
amounts to the several holders of the indebtedness as may be found
expedient and necessary in funding or refunding the indebtedness. The
bonds may be serial, on the level payment plan or each of the bonds may
be amortized, as the board of supervisors may by resolution determine.
When the bonds so issued do not exceed in principal and rate of interest
the indebtedness to be satisfied and for which the bonds are to be
exchanged, it shall not be necessary for the board of supervisors to
advertise their sale or to offer them at public sale.(1) The bonds shall be numbered consecutively, beginning with
number 1 and following in numerical order. They shall mature in the
manner provided by ORS 547.660, in annual amounts of principal and
interest approximately equal, in not less than five nor more than 40
years from the date of issue, as the board of supervisors may determine.
They shall be negotiable in form. The bonds shall bear interest at a rate
determined by the board, payable annually or semiannually on dates
determined by the board. Payment of principal and interest shall be at
the place designated in the bonds and coupons. The bonds, except as
otherwise provided in ORS 547.655 to 547.695, shall be each of the
denomination of not less than $100 nor more than $1,000, shall be signed
by the president and secretary, and the seal of the board of supervisors
shall be affixed thereto.
(2) Each bond shall bear on its back the registration certificate
of the treasurer of the district. Coupons for interest or for interest
and principal, as the case may be, shall be attached to each bond and
shall bear the facsimile signature of the secretary of the district. The
district treasurer shall register the bonds in a book kept in the office
of the treasurer for that purpose, in which shall be stated the number,
date of issue and of sale, amount of the bond, time and place of payment,
rate of interest, number of coupons attached, and any other description
proper for future identification of each bond. However, the board of
supervisors may call for payment and retire before maturity any bonds
issued in accordance with ORS 547.655 to 547.695, on payment of the
principal remaining unpaid at the date of call, together with earned
interest to and including the date of the call for payment.
(3) The board of supervisors may stipulate that during the first
period of the bond term, not exceeding five years, there shall be no
payment of principal or interest. [Amended by 1969 c.694 §44; 1981 c.94
§47; 2001 c.215 §26](1) Before authorizing the issuance of such bonds, the board
of supervisors shall require that the known holders, or their
representatives, of all evidences of indebtedness to be refunded, shall
submit to the board for its acceptance an offer to deliver and surrender
all such evidences of indebtedness in exchange for bonds not exceeding
the amount of the claim or debt owned by such creditor, or in lieu
thereof, to accept in full payment of all such outstanding indebtedness
so held by any such creditor a sum of money representing the proportion
which the proposed refunding bond issue shall bear to the total
outstanding indebtedness proposed to be refunded, compromised, satisfied
and discharged, based on the par value of such proposed refunding bonds;
the creditors and owners of the indebtedness to agree to absorb the loss
between the amount of the outstanding indebtedness to be refunded and the
amount of the refunding bonds at par and to receive such refunding bonds
in full payment, satisfaction and discharge of the outstanding
indebtedness.
(2) The offer shall be in writing and shall, upon being submitted
to the board, be irrevocable until such time as the board, under ORS
547.655 to 547.695, has a reasonable opportunity to issue, sell and
deliver such refunding bonds to replace and discharge the outstanding
indebtedness on acceptance of the offer; provided, that the offer shall
not be revoked while any suit, action or proceeding involving the
issuance, sale or delivery of such refunding bonds is in process of
determination nor until a reasonable time after the final determination
of such suit, action or proceeding.
(3) When authorized by a majority vote of the electors of the
district, the exchange may be made on a basis of less than par for the
refunding bonds, in which event the board of supervisors shall, in its
resolution declaring its intention to sell the refunding bonds, also
require the secretary of the board to give notice of the proposed sale by
publication thereof for four consecutive weeks in three newspapers within
the state, one of which shall be in the county in which the district is
situated. (1) Upon delivery
of the bonds, the secretary of the district shall furnish to the county
clerk of each county in which lands of the district are situated:
(a) A certified copy of the resolution of the board authorizing the
bonds, of the resolution of the board fixing the annual per acre payments
to be made in payment of the principal and interest of the bonds, and of
the district treasurer’s registration record;
(b) A certified statement of the lands within the district liable
under the bonds, described in subdivisions of 40 acres except where the
individual ownership thereof requires a description in lesser
subdivisions or by metes and bounds or by calls; and
(c) A certified statement of the total amount of refunding bonds
charged against each parcel of land, the amount of the annual payment
thereof, the date of payment and the rate of interest.
(2) The county clerk shall record such information in a book to be
provided by the county clerk for that purpose, which shall then be a bond
lien docket of the drainage district for the lands of the district within
the county and shall constitute the total of such charges or assessments
and the maximum of the lien against the lands by reason of the bonds.
This sum shall not be increased or enlarged by any subsequent assessment
because of any delinquencies in payment of the bond lien and interest
charge against any other tract or parcel of land in the district. Unpaid
annual assessments or charges docketed therein shall bear interest at the
rate of six percent per annum. All unpaid annual payments, principal and
interest, shall remain a lien on the tract or parcel of land in favor of
the district and shall have priority over all other liens and
encumbrances except the lien of state, county and municipal taxes.
(3) Any time after issuance of the bonds, the owner of any tract or
parcel of land may relieve the tract or parcel of the lien by paying to
the county clerk, for the benefit of the district, the amount of the
principal and interest remaining unpaid thereon. The clerk shall
thereupon pay the money over to the district treasurer to be credited to
the district’s bond fund. The clerk shall note on the bond lien record
the fact of such payment and of the satisfaction and discharge of the
lien. Upon such payment of the lien on any tract or parcel of land, the
tract or parcel shall forever thereafter be relieved from taxation or
assessment for the payment of the bonds or of any bonds issued to refund
the bonds, except for such assessment or charge as may be levied by the
board of supervisors to create an emergency fund, as provided in ORS
547.680.
(4) The collector of the district’s assessment and taxes shall
receive any past due bond of the district or any past due coupon on any
bond of the district in payment of any of the charges and payments
referred to in this section.
(5) The lien of the annual payments or charges shall be foreclosed
as other drainage district liens are foreclosed. [Amended by 1969 c.694
§45; 2001 c.215 §27] (1) In addition to
the annual payments for retirement of the bonds, the board of supervisors
shall, during the first five years after the issuance of the refunding
bonds, levy an annual assessment of 20 cents per acre upon each acre
within the district. Thereafter, whenever there is any default in payment
of any assessment levied by the district or in any of the annual payments
referred to in ORS 547.675, the board shall levy an assessment of not to
exceed 20 cents per acre, which shall be the same upon each acre within
the district and shall be levied and collected at the time and in the
manner provided by ORS 547.455 to 547.485.
(2) All moneys received from such assessments shall be placed by
the treasurer of the district in a special fund designated “Emergency
Fund.” The emergency fund shall be used only to the extent of not to
exceed 10 cents per acre per annum, for supplementing the bond fund in
case of deficiency due to accident, delinquency or other contingencies.
The emergency fund shall be disbursed by the treasurer upon order of the
board of supervisors. [Amended by 1997 c.170 §53]Notice of the call of bonds before
maturity shall be given in the manner provided for retirement of
irrigation district bonds before maturity. No bond issued under ORS
547.655 to 547.695 shall be called for payment before maturity except
upon the day for payment of interest, or interest and principal, on the
bond and on or after the day specified in the notice of call. All
interest on bonds described in the notice shall cease after the day of
the call, provided that on that date there are sufficient funds in the
bond fund of the district to pay the call bonds. Bonds authorized and issued under
ORS 547.655 to 547.685 may be confirmed by a court of competent
jurisdiction in the manner provided by ORS 548.105 to 548.115.The district shall appear as a bidder at the sale of any
lands for delinquent annual charges or assessments made under ORS 547.655
to 547.690 or any other statute, and may purchase and take title to the
lands and thereafter dispose of the same. On any sale by the district of
lands so purchased, the proceeds, after payment of the expenses thereof,
shall be paid into the emergency fund. At any tax sale where there is no
other bidder, the district shall bid the full acreage of the tract or
parcel of land for the amount of the delinquency, penalty and interest;
provided, the district shall never bid less than the full acreage of the
tract or parcel of land against the amount of the delinquency penalty.(1) The district treasurer shall deposit all money
arising from the sale of refunding bonds, and sufficient money arising
from assessment and levy to meet the next installment of principal and
interest on the bonds of the district, in a bond fund separate from its
general fund. From the bond fund the treasurer shall pay the principal on
bonds as they mature and the interest when the coupons are presented.
(2) Except as otherwise provided by subsection (1) of this section,
all money received by the district, including money from the sale of
bonds other than refunding bonds and for the construction and acquisition
of works, shall be credited to a general fund. The district treasurer
shall use the general fund to pay all obligations of the district other
than those described by subsection (1) of this section. [1969 c.694 §38;
2001 c.215 §28]WITHDRAWALNo part of a drainage district
annexed to a city shall be withdrawn from the district, except upon the
consent of the voters of that part of the district. The votes shall be
counted in the same manner as in elections for officers of the district.
If three-fourths of those voting in that part of the district favor
withdrawal from the district the withdrawal is effective, subject to ORS
222.520 (2), ORS 222.528 and 222.560 relating to division of assets and
liabilities upon withdrawal from sanitary districts. [Amended by 1963
c.419 §1]PENALTIESViolation of ORS 547.425 is punishable, upon
conviction, by a fine of not less than $25 nor more than $500, or by
imprisonment in the county jail for not more than 100 days, or both.
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