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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 46 AGRICUTURE
Chapter : Chapter 548 Provisions Applicable Both to Drainage Districts and to Irrigation
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Where any
lands are subject to assessment by a corporation under the provisions of
ORS 554.005 to 554.340, or by a corporation organized before March 4,
1937, under the provisions of chapter 172, Oregon Laws 1911, and Acts
amendatory thereof, the owners of the lands or any part thereof and the
owners of any additional lands adjacent thereto may proceed to organize
irrigation districts or drainage districts or flood control districts
under the laws of Oregon. Any of such districts when organized may assume
any of the valid outstanding liens or obligations of the district
improvement company or improvement district and refund the same and issue
district bonds therefor. Whenever any drainage or
irrigation district has acquired any lands, by gift, purchase, eminent
domain or otherwise, for the uses and purposes of the district, and
thereafter by reason of a change of its plans or for any other reason
determines that all or any part thereof is no longer necessary for the
uses or purposes for which it was acquired, the district may sell or
dispose of the lands or any part thereof, either at private or public
sale. The officers of the district otherwise authorized to execute
conveyances have authority to make such conveyance. When the
necessity for maintaining any fund of an irrigation or drainage district
has ceased to exist and a balance remains in the fund, the governing
board of the district shall so declare by proper resolution. The balance
shall then forthwith be transferred to the credit of either the operation
and maintenance fund or the general fund of the district, as designated
in the resolution.INSURANCE FOR EMPLOYEES (1) The board of
directors of an irrigation district or the board of supervisors of a
drainage district may enter into contracts of insurance covering district
officers and employees for medical, or any other type of remedial care
recognized under state law, surgical, hospital and related services and
supplies, life insurance, annuities and other retirement benefits and
monthly indemnity for loss of time due to accident or sickness.
Contributions for premiums therefor by officers or employees shall only
be on a voluntary basis. Failure to procure such insurance shall not be
construed as negligence or lack of diligence on the part of the board or
the members thereof.
(2) The district may agree to pay none, part or all of the premiums
on contracts of insurance entered into pursuant to this section.
(3) This section is part of the Irrigation District Law, insofar as
it applies to irrigation districts, and part of the Drainage District
Act, as defined in ORS 547.060, insofar as it applies to drainage
districts.
(4) As used in this section the words “related services” shall
include the services of a person duly licensed to practice chiropractic
in the State of Oregon. [1959 c.435 §1; 1967 c.281 §1; 1995 c.42 §181]DETERMINING LEGALITY OF ORGANIZATION AND PROCEEDINGS(1) The board of directors of an irrigation district organized
under ORS chapter 545, or the board of supervisors of a drainage district
organized under the Drainage District Act, as defined in ORS 547.060, may
by petition commence special proceedings in the circuit court of the
county in which the office of the district is located for the purpose of
having a judicial examination and judgment of the court as to the
regularity and legality of:
(a) The proceedings in connection with the organization of the
district.
(b) The proceedings of the board and of the district, providing for
and authorizing the issue and sale of bonds of the district, whether
bonds have or have not been sold or disposed of.
(c) Any action or proceeding of the county court declaring the
organization of the district, or declaring the result of any election
therein.
(d) An order of the governing board of the district including or
excluding any lands in or from the district, or declaring the result of
any election, general or special.
(e) An order of such board levying any assessment, general or
special.
(f) An order of such board ordering the issue of any bonds for any
purpose, or determining any bond issue, or providing for the same.
(g) The authorization of contract with the United States, and the
validity of the contract, whether or not it has been executed, and
whether or not bonds are to be deposited with the United States.
(2) All the proceedings of an irrigation district or drainage
district may be judicially examined and determined by the court in one
special proceeding, or any part thereof may be separately examined and
determined upon by the court. [Amended by 1995 c.42 §182; 1999 c.452 §27](1) The proceedings under ORS 548.105 shall
be in the nature of a proceeding in rem. The practice and procedure
therein shall follow the practice and procedure of an action not triable
by right to a jury, so far as they are consistent with the determination
sought to be obtained, except as otherwise provided in ORS 548.105 to
548.115. The jurisdiction of the irrigation district or drainage district
and of all the freeholders, assessment payers and legal voters therein
shall be obtained by publication of notice directed to the district, and
to “all freeholders, legal voters and assessment payers within the
district,” without naming them individually. The notice shall be served
on all parties in interest by publication for at least once a week for
three successive weeks in some newspaper of general circulation published
in the county where the proceeding is pending. Jurisdiction shall be
complete within 10 days after full publication.
(2) Any person interested may at any time before the expiration of
the 10 days appear and contest the validity of the proceeding, or of any
of the acts or things therein enumerated. The proceedings shall be
speedily tried and judgment rendered declaring the matter so contested to
be either valid or invalid. Any order or judgment in the course of the
proceeding may be made and rendered by the judge of the court in
vacation. For the purpose of any such order or judgment, the court shall
be deemed at all times to be in session, and the act of the judge in
making such order or judgment shall be the act of the court.
(3) Any party may appeal to the Court of Appeals at any time within
30 days after rendition of the judgment. The appeal must be heard and
determined within three months from the time of taking the appeal.
(4) The court, in inquiring into the regularity, legality or
correctness of any of the proceedings, must disregard any error,
irregularity or omission which does not affect the substantial rights of
the parties to the court proceedings, and may approve the proceedings in
part and disapprove and declare invalid other or subsequent proceedings
in part. The costs of the court proceedings may be allowed and
apportioned between the parties in the discretion of the court. [Amended
by 1979 c.284 §169; 2003 c.576 §257](1) Any qualified elector of an irrigation
district or drainage district, within 30 days after the entry of any
order or the performance of any act mentioned in ORS 548.105, for which a
contest is by that section provided, may bring a like proceeding in the
circuit court of the county where the lands embraced within such
district, or the majority thereof, are situated, to determine the
validity of such order or act. In such proceedings the board of directors
shall be made parties defendant.
(2) Service of summons shall be made on the members of the board
personally if within the county where the district, or any part thereof
is situated. As to any directors not within the county, service may be
had by publication of summons for a like time, and in like manner, as is
provided by ORS 548.110. Service shall be deemed complete within 10 days
from the date of personal service, or within 10 days from the date of
completion of publication, as the case may be.
(3) The proceedings shall be tried and determined in the same
manner as proceedings brought by the irrigation district or drainage
district itself.
(4) No contest of any proceeding, matter or thing provided by ORS
548.105 to be had or done by the board of directors or supervisors or by
the district, or by the county court, or by any qualified elector of the
district, shall be had or maintained at any time or in any matter except
as provided in ORS 548.105 to 548.115. [Amended by 1999 c.452 §28]In all cases where the board of directors of any irrigation
district or the board of supervisors of any drainage district has
instituted proceedings for the purpose of having an adjudication of the
court as to the regularity and legality of the proceedings in connection
with any of the matters specified in ORS 548.105, and where notice has
been published directed to the parties specified by ORS 548.110, for the
length of time specified by that section, and the full time provided by
that section has elapsed after publication before any judgment has been
entered therein, all such judgments so rendered by the courts hereby are
validated and declared to be effective and sufficient for all purposes,
notwithstanding any other defects in the proceedings and notice upon
which such judgments are based. [Amended by 2003 c.576 §514]GOVERNMENT LOANS TO IRRIGATION AND DRAINAGE DISTRICTS(1) The board of supervisors of any drainage district or
the board of directors of any irrigation district may, whenever it is
determined by such board that it is for the best interests of the
district, enter into a contract with any governmental agency of the State
of Oregon for a loan:
(a) For the refunding of any or all of its outstanding indebtedness;
(b) For the refunding of any state, county and municipal ad valorem
taxes or special assessments levied by such district; and
(c) For the financing of any improvement or supplemental works
which may be needed to reclaim lands in the district or for maintenance
or operation, and for the payment or repayment thereof, upon such terms
or conditions as may be agreed upon in the contract.
(2) In no case shall the total of any loan made by any governmental
agency exceed in the aggregate the total amount of the outstanding
indebtedness of such district so refunded, but this limitation shall not
apply to any loan or any part of any loan which may be made by such
governmental agency for any purpose herein provided other than refunding
such outstanding indebtedness. [1983 c.557 §11](1) The board of supervisors of any drainage district or
the board of directors of any irrigation district may, whenever it is
determined by such board that it is for the best interests of the
district, enter into a contract with any governmental agency of the
United States, for a loan:
(a) For the refunding of any or all of its outstanding indebtedness;
(b) For the refunding of any state, county and municipal ad valorem
taxes or special assessments levied by such district; and
(c) For the financing of any improvement or supplemental works
which may be needed to reclaim lands in the district or for maintenance
or operation, and for the payment or repayment thereof, upon such terms
or conditions as may be agreed upon in the contract.
(2) In no case shall the total of any loan made by such
governmental agency exceed in the aggregate the total amount of the
outstanding indebtedness of such district so refunded, but this
limitation shall not apply to any loan or any part of any loan which may
be made by such governmental agency for any purpose herein provided other
than refunding such outstanding indebtedness. All contracts
entered into before November 15, 1935, by any drainage district or
irrigation district with any governmental agency of the United States,
and any bonds issued before or after November 15, 1935, pursuant to such
contract, for any of the purposes provided by ORS 548.305 to 548.325,
which comply with the provisions of ORS 548.305 and are otherwise regular
and duly made and issued according to law, are declared valid,
notwithstanding that the total amount of any such loan so provided to be
made by the governmental agency exceeds in the aggregate the total amount
of the outstanding indebtedness of such district in any case where all or
any part of such loan is for purposes other than refunding the
outstanding indebtedness of such district.For the purpose of carrying into effect provisions contained
in any contract so to be executed, the board of such district may, with
the approval of the electors of the district, issue bonds in any
denomination, bearing interest from date at a rate determined by the
board, and to mature in not more than 40 years. The bonds shall be
general obligations of the district and shall be paid by the revenue
derived from the annual charges or assessments of the district, which
shall be made in accordance with the terms of the contract. All of the
owners of the real property within the district shall be liable to be
charged or assessed for such payments; provided, however, that the
contract may contain a provision permitting the release of any land in
the district from the lien to secure the payment of such bonds, or
relieving any lands in the district from any obligation to pay any
assessments thereafter levied for the purpose of paying the bonds or the
interest accruing thereon, by payment to the district of an amount
provided in the contract. [Amended by 1981 c.94 §48; 1991 c.459 §426]The contract may provide for a lien docket
which shall be furnished by the district to the county clerk of each
county in which lands of the district are situated, and in which shall be
set forth a description of the lands within the district and liable under
such bonds, described under the present individual ownership by metes and
bounds or by calls or by reference to recorded deeds, together with the
total amount of refunding bonds charged against each parcel of land, the
amount of annual payments thereof, the date of such payment and the rate
of interest. This charge shall remain a lien on such 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. If the contract does not provide for a lien docket nothing in this
section shall be construed to prevent an irrigation or drainage district
from providing a lien docket as prescribed by law. In case any lands
located within an irrigation or drainage district are sold for taxes such
sale shall not operate to extinguish any lien appearing on the lien
docket and payable at a future time. In addition to the
annual charges or assessments provided for in ORS 548.315, and in
addition to the charges or assessments authorized by law for the
maintenance and operation of drainage and irrigation districts, such
contract may provide that the board shall impose an annual charge not to
exceed 50 cents per acre upon each acre in the district. All moneys
received from the charge shall be placed by the treasurer of the district
in a fund to be designated as the “emergency fund.” The emergency fund
shall be used for supplementing the bond fund in case of deficiency due
to accident, delinquency or other contingencies. The fund shall be
disbursed by the treasurer upon the order of the board. [Amended by 1989
c.182 §32; 1991 c.459 §426a; 1997 c.170 §54]All bonds of any irrigation or
drainage district authorized or issued by the district in the manner
provided by ORS 548.305 to 548.325, for the purpose of refunding any
outstanding bonds or warrants of the district in accordance with the
terms and provisions of a contract therefor between the district and any
governmental agency of the United States shall constitute legal and
binding obligations of the district, notwithstanding any irregularities
or defects in the authorization of or issuance of any of the bonds or
warrants to be refunded. [Amended by 1989 c.182 §33]When any
irrigation or drainage district has adopted a plan for refunding and
compromising any or all of its outstanding indebtedness, and pursuant to
ORS 548.305 to 548.325 has entered into a contract with any governmental
agency for a loan for the purpose of carrying out such plan, and the
board of directors or board of supervisors for the purpose of carrying
into effect the provisions contained in the contract have authorized the
issuance of bonds of the district pursuant to ORS 548.315, and such plan
of refinancing and compromise has been accepted in writing by the holders
of more than 90 percent of such outstanding indebtedness to be refunded
and compromised, such irrigation or drainage district may commence and
prosecute a proceeding in rem for the purpose of obtaining constructive
consent, to the plan, of the unknown holders of the evidences of the
indebtedness to be refunded and compromised, and of the known holders of
such evidences of indebtedness who have not so given their consent in
writing. The proceeding shall be commenced in the circuit court of the
county in which the office of the district is located, by filing a
petition verified by the oath of the president or secretary of the
district. The petition shall set forth the plan
for refunding and compromising the indebtedness and shall further recite
what percentage in amount of the holders of the evidences of indebtedness
to be refunded or retired have filed their written consent to the
proposed plan, which percentage shall not be less than 90 percent, and
shall further set forth what steps have been taken to obtain the consent
of all nonconsenting holders of the evidences of indebtedness. The
petition shall also state the name and place of residence of all of the
holders of the evidences of indebtedness who are known to the district,
and shall show that diligent efforts have been made to ascertain the
names and residences of all the holders.
(1) Upon presentation of the petition to the judge of the court, the
judge shall, if it appears that diligent efforts have been made by the
irrigation or drainage district to ascertain the names and places of
residence of all the holders of the evidences of indebtedness so to be
refunded and compromised, authorize the district to publish, and it shall
publish for at least four consecutive weeks in three newspapers published
within the state, to be designated by the court, one of which papers
shall be published in the county in which the office of the board of
directors or board of supervisors is situated, a notice specifying the
particular indebtedness which it is proposed to refund and compromise,
together with the plan which has been adopted by the district for the
refunding and compromising; also, a general description of the refunding
bonds, if any, which it is proposed to issue to the holders of the
indebtedness. The notice shall require all holders of the evidences of
indebtedness so to be refunded or compromised to file in the matter of
the petition in the circuit court their written dissent from or objection
to the proposed plan of refunding and compromise. The notice shall also
state that any holders who fail to file their dissent and protest to the
plan shall be deemed to have consented thereto.
(2) The district shall also cause the notice to be served in the
manner provided by law for service of summons in civil actions upon all
the holders whose names and places of residence are known to the district
and who reside within Oregon. The district shall also deposit a copy of
the notice in the United States mail addressed to each of the known
holders who reside without the state, with postage prepaid.
(3) Dissent in writing must be filed in the court and cause within
90 days from the date of the first publication of the notice; or, in the
case of holders whose names and places of residence are known to the
district and who reside within the state, within 90 days from the date of
service of the notice upon them; or, in the case of holders whose names
and places of residence are known to the district and who reside without
the state, within 90 days from the date of mailing the notice.
(4) After the expiration of said period of 90 days the holders so
failing to file their objection and protest with the court shall be
deemed to have consented to the refunding and compromise of the
indebtedness under the terms set forth in the notice, and such failure
shall be equivalent to the offer in writing signed by the known
consenting holders. [Amended by 1989 c.182 §34] (1) After
the expiration of 90 days from the date of the first publication of the
notice and the service and mailing thereof, as set forth in ORS 548.345,
the district shall file in the proceeding in the circuit court its
verified return of its acts made under the order of the court, attaching
affidavits of the publication of the notice in three newspapers, and
proof of service of the notice upon the holders of the evidences of
indebtedness whose names and places of residence are known to the
district and who reside within the state, and of the mailing thereof to
such known holders residing without the state.
(2) Thereupon the court shall hear the cause and shall enter a
judgment providing that all the holders of the evidences of indebtedness
to be refunded and compromised by the plan or proceeding of the district,
who within 90 days after the date of the first publication of the notice
and the serving and mailing thereof did not file in the court their
written dissent and objections to the proceedings, have consented that
their evidences of indebtedness be refunded and compromised under the
proposed plan.
(3) In the judgment the court shall direct the officers of the
district to deposit with the county treasurer of the county in which the
district is headquartered, as trustee for the persons entitled thereto,
the cash or refunding bonds which under the plan of refunding and
compromise belong to the holders of the evidences of indebtedness whose
consent was so obtained by the court proceedings. The judgment shall
further provide that upon the payment of said money or bonds to the
county treasurer as trustee, the evidences of indebtedness so held by the
holders shall be deemed paid and no longer shall be an obligation of the
district; and that upon the surrender to the county treasurer of the
evidences of indebtedness, together with any unpaid interest coupons
belonging to the same, the county treasurer shall pay on demand to the
holders the money or bonds so deposited with the county treasurer as
trustee, and shall mark the evidences of indebtedness canceled and
deliver them to the district. All holders of the evidences of
indebtedness to be refunded and compromised shall be deemed to have
notice of all steps and proceedings had. [Amended by 1989 c.182 §35; 2003
c.576 §515]The procedure in the circuit court under the provisions of ORS
548.340 to 548.350 shall be in the nature of an action in rem not triable
by right to a jury. Any holders of any evidences of indebtedness affected
by any such court procedure provided for in those sections, or any other
interested party, may appeal to the Court of Appeals at any time within
30 days after the rendition of the judgment of the circuit court. The
court inquiring into the regularity, legality or correctness of any of
such proceedings shall disregard any error, irregularity or omission
which does not affect the substantial rights of the parties, and may
approve the proceedings in part and disapprove the remainder. Costs in
the proceeding may be allowed and apportioned between the parties in the
discretion of the court. [Amended by 1979 c.284 §170] All moneys and securities
received under ORS 548.350 may be deposited with the State Treasurer for
safekeeping. [Amended by 1989 c.182 §36]Whenever any governmental agency of the United States has
authorized a loan to or for the benefit of any irrigation or drainage
district in Oregon for the purpose of refinancing the outstanding
indebtedness of the district, the State Treasurer may act as depositary
for the bondholders and other creditors of the district and as such may
do all things that may be conferred upon the State Treasurer by the
bondholders and other creditors of such district or their authorized
representatives, in connection with the delivery and transfer of title of
deposited bonds, warrants and other evidences of indebtedness. All acts
of the State Reclamation Commission had before March 4, 1935, in
connection with any such loans authorized before that date, are ratified
and confirmed. [Amended by 1955 c.707 §67; 1989 c.182 §37]The board of supervisors
of any drainage district or the board of directors of any irrigation
district may cancel or compromise any special assessments assessed and
levied by such board on lands within the district if the district is
refunding its outstanding indebtedness through any governmental agency of
the United States. When such assessments are canceled or compromised the
board may make appropriate notation of same upon the proper records.
[Amended by 1989 c.182 §38; 1997 c.170 §55]SECURITIES AND MONEYS DEPOSITED WITH COUNTY TREASURER(1)
The county treasurer of the county in which the district is headquartered
may accept deposits of bonds, warrants or other evidences of indebtedness
of irrigation and drainage districts under the process of reorganization,
pursuant to the provisions of ORS 545.629 to 545.639, or as may otherwise
be provided by law.
(2) The county treasurer shall deposit such bonds, warrants or
other evidences of indebtedness with the State Treasurer, to be held by
the State Treasurer in safekeeping. [Formerly 544.040; 1989 c.182 §39]Whenever one
claiming to be a lawful owner of a certificate of deposit or receipt
issued by the county treasurer, covering securities issued by an
irrigation or drainage district, satisfies the county treasurer that such
certificate of deposit or receipt has been lost, stolen or destroyed and
that the claimant is the owner thereof, the county treasurer may
surrender the securities evidenced by such certificate of deposit or
receipt, or deliver any securities or moneys on deposit with the county
treasurer received in payment for the securities evidenced by such
certificate of deposit or receipt to the claimant, upon filing a surety
bond as provided in ORS 548.415. [Amended by 1989 c.182 §40]Whenever one in possession of a
certificate of deposit or receipt issued by the county treasurer as
evidence of the deposit of securities issued by an irrigation or drainage
district, who is neither the one to whom such certificate of deposit or
receipt was issued nor one to whom it has been properly assigned, but who
claims to be the owner of such certificate of deposit or receipt, shall
satisfy the county treasurer that the claimant is entitled to receive
securities evidenced by such certificate or receipt, or receive moneys or
other securities deposited with the county treasurer in refunding the
securities evidenced by such certificate or receipt, the county treasurer
may surrender such securities or pay such moneys or deliver such other
securities so deposited with the county treasurer to the claimant upon
surrendering the certificate of deposit or receipt and filing a bond as
provided in ORS 548.415. [Amended by 1989 c.182 §41] The surety bond to be
filed under ORS 548.405 or 548.410 shall be for double the amount of the
face value of the securities described in such certificate of deposit or
receipt, if the securities are to be surrendered, or double the amount
the claimant is to receive from moneys or securities deposited with the
county treasurer, with two or more sureties, qualified and who must
justify as in the case of sureties for bail; provided that surety bonds
of companies licensed to transact surety business in Oregon may be
accepted for the face amount of the securities if the securities are to
be returned, or the face amount of any moneys or securities to be paid or
delivered by the county treasurer to the claimant. Every such surety bond
shall be conditioned upon indemnifying the county treasurer, and the
employees of the county treasurer making the payment, and all rightful
owners of the securities, against any loss or expenses, including
interest or other damage or liability, resulting from such payment or
delivery. [Amended by 1989 c.182 §42]RELEVY OF ERRONEOUS OR VOID ASSESSMENTS If any drainage
or irrigation district assessment levied on any property liable thereto
is prevented from being collected for any year by reason of any erroneous
proceeding, or if such levy is adjudged void for want of form or manner
of procedure, or otherwise, the same may be collected, relisted,
reassessed and relevied in the manner and at the times provided for the
collection, relisting and reassessment of taxes by the provisions of ORS
311.120.If any such levy of assessment is declared void by a court of
competent jurisdiction, then all similar assessments levied in the same
or other years by the drainage or irrigation district which under the
decision of the court are also void, may be reassessed, relisted and
relevied against the property affected, in the manner provided by law and
in conformity with such judgment, within five years from the date of the
rendition of the judgment of the court declaring such assessment void. In
the case of a relisting or relevying of such drainage or irrigation
district assessment on any property affected thereby, proper credit in
the collection of the same shall be given to all owners of any such
property for all payments theretofore made by them on the void
assessments. [Amended by 2003 c.576 §516] The
relevy and reassessment of drainage and irrigation district assessments
provided for by law shall be made in the same manner, and by the same
officers who, at the time the new listing or levy is made, are authorized
by law to list property and compute, levy and assess taxes or assessments
against property in the drainage or irrigation district.The provisions of ORS 548.370
relating to the authority of drainage and irrigation districts to cancel
or compromise any special assessment shall apply to any relevy or
reassessment by a drainage or irrigation district which is provided by
law.
COMPOSITION; BANKRUPTCY; REFUNDING AGREEMENTSAt any time
subsequent to default in the payment of principal or interest upon the
bonded or warrant indebtedness of any irrigation or drainage district of
this state, the board of directors or board of supervisors may cause a
petition to be filed in the Federal District Court pursuant to the
provisions of the Federal Bankruptcy Act. The consent of the state is
given to any proceedings instituted or attempted before February 16,
1939, by any such district under the Federal Bankruptcy Act. The state
also authorizes and confirms any proceedings by any such district to
effect a plan of composition or of readjustment of its debts in
accordance with the provisions and terms of that Act, and authorizes the
consummation of any such proceedings. Whenever
any irrigation or drainage district files its petition in bankruptcy
pursuant to the provisions of the Act of Congress approved May 24, 1934,
authorizing bankruptcy proceedings by municipalities and other political
subdivisions of any state, the district may, for the purpose of carrying
out any plan of readjustment of its indebtedness which has been submitted
and approved in the bankruptcy proceeding, use and deliver to its
creditors in such bankruptcy proceeding any of its bonds authorized or
issued pursuant to the provisions of ORS 548.305 to 548.325, and which
bonds are not required for the purpose of carrying into effect the
provisions of the contract with the governmental agency of the United
States for which they primarily were authorized.Whenever any irrigation or drainage district
engaged in the refunding of its indebtedness has entered into a contract
for such purposes with 80 percent or more of the owners or holders of its
bonds, warrants or other evidences of indebtedness, such district may
proceed to obtain the constructive consent of the unknown or
nonconsenting owners or holders of such evidences of indebtedness to such
contract, as provided by ORS 545.651 to 545.663.REORGANIZATION AND DISSOLUTION As used in ORS
548.900 to 548.955, except as otherwise expressly provided:
(1) “District” means an irrigation district organized under ORS
chapter 545 or a drainage district organized under ORS chapter 547.
(2) “District board” means the board of directors of an irrigation
district, or the board of supervisors of a drainage district. [1973 c.415
§1](1) A majority of
the qualified electors and landowners of a district, representing at
least one-half of the acres of land assessed by the district, may by
petition propose a plan for the dissolution or reorganization of the
district.
(2) The petition shall state:
(a) That the petition is filed under ORS 548.900 to 548.955.
(b) The name of the district.
(c) The nature, terms and conditions of the dissolution or
reorganization plan.
(d) The estimated cost of the dissolution or reorganization.
(e) A description of the assets of the district.
(f) A description of all outstanding indebtedness, including bonds
and coupons and the holders thereof, so far as known, and the provisions
to be made for payment of nonassenting holders.
(3) No dissolution or reorganization or any term or condition
thereof shall impair the rights of any creditor of a district and each
creditor may enforce the rights of the creditor in the same manner and to
the same extent as if the change, term or condition had not been made.
[1973 c.415 §2](1) Each person signing a
petition shall add after the signature of the person the date of signing
and place of residence, giving street and number or a designation
sufficient to enable the place of residence to be readily ascertained,
and the number of acres of land owned by the signer. The name of the
county whose assessment roll is used for the purpose of determining the
right of the signer to vote shall be stated in the body of the petition
or indicated opposite the signature of the signer. If the signer is a
legal representative of the owner, the signature of the signer shall be
accompanied by a certified copy of the authority of the signer to sign as
a legal representative.
(2) After a petition has been offered for filing, a person may not
withdraw the name of the person therefrom.
(3) A petition may designate not more than three persons as chief
petitioners, setting forth their names and mailing addresses. A petition
may consist of a single instrument or separate counterparts. [1973 c.415
§3](1) A petition shall not be accepted
for filing unless the signatures thereon have been secured within six
months of the date on which the first signature on the petition was
affixed. Petitions shall be filed with the secretary of the district
board. It is not necessary to offer all counterparts of a petition for
filing at the same time, but all counterparts when certified as provided
by subsection (3) of this section shall be filed at the same time.
(2) Within 10 days after the date a petition is offered for filing,
the county clerk and the district secretary shall examine the petition
and determine whether it is signed by the requisite number of qualified
signers. If the requisite number of qualified signers have signed the
petition the district secretary shall file the petition. If the requisite
number have not signed, the secretary shall so notify the chief
petitioners and may return the petition to the petitioners.
(3) A petition shall not be filed unless the certificate of the
county clerk and the district secretary is attached thereto certifying
that they have compared the signatures of the signers with the
appropriate records, that they have ascertained therefrom the number of
qualified signers appearing on the petition, and that the petition is
signed by the requisite number of qualified signers. [1973 c.415 §4](1) If the petition is accepted and filed by the
district secretary, the secretary shall, within 30 days thereafter, cause
a notice of the filing to be published in one or more newspapers of
general circulation within the district or, if there is no such
newspaper, in a newspaper of general circulation in each county in which
the district is located. The secretary may also cause the notice to be
published by radio and television stations broadcasting in the district
as provided by ORS 193.310 and 193.320.
(2) The published notice shall state:
(a) That a petition proposing a plan for the dissolution or
reorganization of the district, as the case may be, has been filed with
the district secretary.
(b) That a copy of the petition is available at a reasonable fee
for each person who desires a copy.
(c) That unless a petition signed by not less than 10 percent of
the qualified electors and landowners of the district requesting that an
election be called by the district board is filed with the district
secretary within 30 days of the date of the publication of the notice,
the district board will file its petition in circuit court as provided by
ORS 548.930 (2).
(3) A petition requesting an election must be signed in the manner
provided by ORS 548.915 (1) and shall be subject to the examination and
requirements provided by ORS 548.915 (2) and (3). [1973 c.415 §§5,6] (1) Within 10 days
after the filing of a petition that meets the requirements of ORS 548.920
(3) and 548.920 (2)(c), the district board shall call a special election
to be held not less than 30 or more than 60 days after date the petition
is filed.
(2) The board shall cause notice of the election to be published
once a week for three successive weeks, being three publications in all,
in one or more newspapers meeting the requirements of ORS 548.920 (3). In
addition, notice may be published by radio and television stations
broadcasting in the district as provided by ORS 193.310 and 193.320.
(3) The notice shall state the date of the election, and the fact
that there will be submitted to the voters a proposal to dissolve or
reorganize the district, as the case may be.
(4) The election shall be held and the results determined and
declared in all respects as nearly as practicable in conformity with the
provisions governing the election of officers in irrigation districts. At
the election, the ballot shall contain the words, “dissolution (or
reorganization, as the case may be) of the district ___ Yes,” or
“Dissolution (or reorganization) of the district ___ No,” or words
equivalent thereto. [1973 c.415 §7](1) Upon canvass of the votes, if it is found and
declared by the district board that a majority of the qualified electors
and landowners of the district, representing at least one-half of the
acres of land assessed by the district, voted against the dissolution or
reorganization of the district, the petition for dissolution or
reorganization shall be denied and no further action shall be taken upon
it. However, if it is found and declared that the majority voted for the
dissolution or reorganization of the district, the district board shall,
within 60 days after the date of the election, file in the circuit court
of the county in which the registered office of the district is located,
a petition requesting the court to examine and determine the regularity
and legality and correctness of the proceedings and to determine and
adjudicate the rights and liabilities of all interested parties in a
manner which is equitable, reasonable and in the best interests of the
parties. There shall be attached to and made a part of the district board
petition a copy of the petition for dissolution or reorganization, as the
case may be, of the electors and landowners as filed with the district
secretary.
(2) If a petition for election is not filed as provided by this
section within 30 days after the date of publication of notice as
provided by ORS 548.920 (1) and (2), the district board shall file its
petition in the circuit court within 90 days after the date notice is
published. [1973 c.415 §8]Proceedings in the circuit court upon the petition shall be in the
nature of a proceeding in rem and shall be conducted as an action not
triable by right to a jury and any judgment or final order of the circuit
court shall be subject to appeal in the same manner as other cases in
equity. The court may appoint masters or referees as it considers
desirable and shall have complete jurisdiction to approve, disapprove,
amend or change the plan proposed or to adopt any amendments, changes or
other plans proposed by any interested party which the court finds to be
equitable and reasonable to protect the rights of any party, or may
direct that the district shall continue in existence and operation
without dissolution or reorganization. The judgment may include
provisions for sale, transfer or conveyance of all or part of the assets
of the district to corporations, other districts, municipal corporations
or governmental bodies or agencies then in existence, or to be organized
in accordance with the terms of the judgment, which will continue to
furnish some or all of the services furnished by the district. As a
condition of such sale, transfer or conveyance the court may require such
transferee or transferees to assume part or all of the indebtedness of
the district. The court may determine the validity of any sales or
assessments, the amount of any assessments due upon the various parcels
and lots of real estate within the district, the amounts of any
assessments theretofore paid upon such parcels and lots and may determine
and adjust the liabilities of all parties. The court may adjudicate any
water rights of the district and the lands therein and may direct the
sale of any assets of the district, either in one lot or in parcels, at
public or private sale, as the court finds best. The judgment shall make
provision for the payment of all indebtedness of the district. [1973
c.415 §9; 1979 c.284 §172]
(1) Jurisdiction of all interested parties may be had by the publication
of summons in the manner provided by ORCP 7. Copies of the summons and
the petition of the district shall be mailed to each qualified elector
and landowner at the mailing address as shown by the records of the
county clerk, the county tax collector and the county assessor, and to
all known creditors of the district.
(2) The Water Resources Commission shall be served with a copy of
the summons and petition. [1973 c.415 §1; 1979 c.284 §172; 1989 c.182 §43]If a contract authorized by
law has been made between the district and the United States for the
construction, operation or maintenance of necessary works or for a water
supply, a judgment may not be entered by the court until written assent
to the judgment by the Secretary of the Interior has been filed with the
court. [1973 c.415 §11; 2003 c.576 §517]
Any interested party may appear in the proceedings. Costs and
disbursements may be allowed and divided between the parties or taxed to
the losing party or parties in the discretion of the court. [1973 c.415
§12]The judgment
of the court shall order the clerk of the court to file certified copies
of the judgment with the county treasurer and the county assessor of each
county in which any property located within or assessed by the district
is located, and with the Secretary of State and the Water Resources
Commission. [1973 c.415 §13; 2003 c.576 §518]
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