As used in this chapter, except when the
context requires otherwise:
(1) “County board” means the county court or the board of county
commissioners of a county.
(2) “District” means a water improvement district proposed or
created under this chapter.
(3) “District board” means the board of directors of a district.
(4) “Engineering plan” means the plans and specifications for the
works to be constructed including:
(a) Maps, profiles, plans and other data necessary to show the
location and character of the work, and the property benefited, taken or
damaged;
(b) All rights of way or other property which may be required for
the construction of the works; and
(c) Estimates of the cost of the works and of the benefits and
damages which will accrue to each tract of land upon the construction of
the works.
(5) “Filed for record” means to file a document for recording with
the county clerk of each county in which the lands within a district are
located.
(6) “Land” or “tract of land” means real property, together with
improvements thereon, within a district.
(7) “Landowner,” “owner,” “owner of land” and “owner in fee” are
synonymous and mean a person owning a tract of land situated within a
district. The vendee named in a bona fide contract of sale of a tract of
land situated within a district shall be considered a landowner to the
exclusion of the vendor. When two or more persons own a tract of land as
tenants in common or by the entirety, each person shall be regarded as a
landowner.
(8) “Real market value” means real market value computed in
accordance with ORS 308.207.
(9) “Works” means dams, storage reservoirs, canals, ditches, dikes,
levees, revetments, and all other structures, facilities, improvements
and property necessary or convenient for draining land, controlling flood
or surface waters, or supplying water for irrigation, domestic supply or
other purposes. [1969 c.606 §2; 1983 c.83 §100; 1991 c.459 §428]ORGANIZATION OF DISTRICT(1) A water improvement district may be created as provided
by this chapter for the purpose of acquiring, purchasing, constructing,
improving, operating and maintaining drainage, irrigation, and flood and
surface water control works in order to prevent damage and destruction of
life and property by floods, to improve the agricultural and other uses
of lands and waters, to improve the public health, welfare and safety, to
provide domestic or municipal and industrial water supply, to provide
water-related recreation and for the purpose of enhancing water pollution
control, water quality, and fish and wildlife resources.
(2) Nothing in this chapter grants to a district the power to
generate, distribute, transmit or sell electricity or to sell water or
falling water to any person to generate electricity. [1969 c.606 §3; 1987
c.185 §2](1) This
chapter shall not be construed to affect, amend or repeal any other law
of Oregon or to affect or impair the vested rights of any person or
public body as defined in ORS 174.109 to the use of water or rights in
the use of water.
(2) A water improvement district formed under this chapter shall
include not less than 1,000 acres of land. Lands located within the
boundaries of a city, domestic water supply corporation, irrigation
district, drainage district or other similar special district providing
water for use or water control may be included within the boundaries of a
water improvement district without the consent of the city or other
district.
(3)(a) If any part of a city or other special district is included
within the boundaries described in a petition for creation of a district
or for annexation of territory to a district, within three days after the
petition is filed, the petitioners shall notify the city or other
district of the filing of the petition.
(b) The city or other district may withdraw the territory within
its boundaries from the proposed water improvement district or annexation
by describing the area within the city or other district in a resolution
and filing the resolution with the county board within 90 days after the
filing of the petition. If a withdrawal is so filed, the area within the
city or other district shall not be included within the proposal. [1969
c.606 §16; 2003 c.802 §135] In addition to other matters the
petition for formation of a district shall include:
(1) An estimate of the acreage of land within the district and an
estimate of the acreage within each county if the district is located in
more than one county; and
(2) The maximum rate of any ad valorem tax, if any, that may be
levied by the district as permitted by ORS 552.625. [1969 c.606 §4; 1971
c.727 §164; 1991 c.459 §428a] If an election is called on the
question of formation, it shall be held on a date specified in ORS
255.345. An order creating a district shall include the maximum rate of
any ad valorem tax levy for the district. [1969 c.606 §7; 1971 c.727
§165; 1983 c.350 §299] (1) No final order
creating a district shall be set aside, or annulled upon appeal or
review, on account of any defect or irregularity in the petition asking
for organization of the district, or notice of hearings thereon, which
does not materially affect the substantial rights of an interested party.
(2) No proceeding may be maintained contesting the validity of the
creation of a district unless instituted within 90 days after the entry
of the final order of the county board. [1969 c.606 §8](1) In addition to the proceeding a district is authorized to
bring under ORS 33.710 and 33.720, any landowner or elector of a district
may bring a like proceeding in the circuit court of the county where the
lands within the district, or the greater portion thereof, are situated,
to determine the validity of any order or the performance of any act
mentioned in ORS 33.710, for which a contest is by that section provided.
In such a proceeding the district board 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 33.720. Jurisdiction shall be complete within 10 days
after the date of completing publication of notice.
(3) The proceeding shall be tried and determined in the same manner
as proceedings brought by the district. [1969 c.606 §9]BOARD OF DIRECTORS(1) Electors of a
district shall elect a board of directors whose number shall be fixed at
five, seven or nine by the county board at the proceedings on formation.
Directors shall be owners of land within the district. The directors need
not reside within the district.
(2) Each director shall be elected for a term of four years except
the directors elected on creation of the district. The directors first
elected shall determine their terms by lot as follows:
(a) If there are nine directors, the terms of four shall expire
June 30 next following the first regular district election and the terms
of five shall expire June 30 next following the second regular district
election.
(b) If there are seven directors, the terms of three shall expire
June 30 next following the first regular district election and the terms
of four shall expire June 30 next following the second regular district
election.
(c) If there are five directors, the terms of two shall expire June
30 next following the first regular district election and the terms of
three shall expire June 30 next following the second regular district
election.
(3) The board of directors shall fill any vacancy on the board as
provided in ORS 198.320.
(4) The board or 10 or more landowners may petition the county
board to change the number of directors on the district board. If the
county board acts favorably on the petition, it shall enter an order
which designates the terms of office of the five, seven or nine directors
in general accordance with this section so that the number remaining on
the district board will be divided into two equal or approximately equal
groups as to terms. The change in the number of board members shall take
place on July 1 next following the order. [1969 c.606 §17; 1971 c.23 §9;
1971 c.727 §166; 1973 c.796 §69; 1975 c.647 §45; 1983 c.350 §300] (1) As
soon as possible after an election of directors, the directors shall meet
for the purpose of qualifying all persons elected as directors and for
the purpose of electing officers of the district. Each director shall
qualify by subscribing to an oath of office.
(2) The directors shall elect from their number a chairperson and
vice chairperson and shall appoint a secretary-treasurer. The officers
shall have the authority and duties given to them by the board.
(3) The board shall hold meetings as may be necessary or
convenient. [1969 c.606 §19; 1971 c.403 §11; 1987 c.185 §3] A district board shall:
(1) Manage and conduct the affairs of the district.
(2) Employ and appoint agents and employees, prescribe their duties
and fix their compensation.
(3) Establish reasonable rules and regulations for the
administration of the affairs of the district.
(4) Withhold deliveries of water to lands upon which there are
delinquent assessments or charges.
(5) Establish and maintain funds and accounts for the funds of the
district and of any subdistrict.
(6) Obtain an annual audit of the books of the district.
(7) Fix the location of the principal office of the district at
some convenient place within or without the district.
(8) Keep a record of all of the proceedings of the district board.
(9) Furnish a record book to the county clerk of each county in
which lands within the district are located, in which shall be recorded
all contracts executed under ORS 552.618 and 552.670, all orders levying
assessments and creating subdistricts, and other documents required by
law to be recorded. [1969 c.606 §20; 1971 c.23 §10]POWERS OF DISTRICT A water improvement district
has full power to carry out the objects of its creation and to that end
may:
(1) Have and use a seal.
(2) Have perpetual succession.
(3) Sue and be sued in its own name.
(4) Acquire by condemnation, purchase, devise, gift or voluntary
grant real and personal property or any interest therein, located inside
or outside of the boundaries of the district, and take, hold, possess and
dispose of real and personal property purchased from, or donated by, the
United States, or any state, territory, public body as defined in ORS
174.109 or person for the purpose of aiding in the objects of the
district.
(5) Enter into intergovernmental agreements under ORS chapter 190
for the construction, preservation, improvement, operation or maintenance
of any works.
(6) Build, construct, purchase, improve, operate and maintain,
subject to other applicable provisions of law, all works necessary or
desirable under any engineering plan adopted by the district.
(7) Enter into contracts and employ agents, engineers and attorneys.
(8) Appropriate and acquire water and water rights and sell, lease
and deliver water for irrigation and other purposes both inside and
outside the district.
(9) Do such other acts or things as may be necessary for the proper
exercise of the powers granted to make the greatest beneficial use of the
waters of the district. [1969 c.606 §14; 2003 c.802 §136] The right to condemn property, pursuant to
ORS 552.305 (4), shall include property already devoted to public use,
including city, state and county property, which is less necessary than
the use for which it is required by the district. In the acquisition of
property or rights by condemnation, the board shall proceed in the name
of the district under the provisions of the laws of Oregon. However, the
right of condemnation may not be exercised against any water right;
against land or other property owned by a city supplying domestic water;
a public utility as defined by ORS 757.005; against a telecommunications
carrier as defined in ORS 133.721; against lands of a domestic water
supply district organized under ORS chapter 264, an irrigation district
organized under ORS chapter 545, a drainage district organized under ORS
chapter 547, a diking district organized under ORS chapter 551 or a
corporation for the use and control of water organized under ORS chapter
554; or against property of the State of Oregon for highway purposes.
[1969 c.606 §23; 1983 c.740 §216; 1987 c.447 §109; 1999 c.1093 §18] The district board, its
officers, agents or employees shall have the right to enter upon any land
in the manner provided by ORS 35.220 to make surveys for the purposes of
the district. [1969 c.606 §15; 2003 c.477 §9] A
water improvement district may:
(1) Acquire, construct, reconstruct, equip, own, maintain, operate,
sell, lease and dispose of domestic, industrial and municipal water works
or systems and property and all appurtenances incident thereto.
(2) Furnish water for domestic, industrial and municipal uses to
premises and inhabitants within the district, and in connection
therewith, may supply, furnish and sell any surplus water storage or
carrying capacity over and above the domestic, industrial and municipal
needs of its inhabitants to persons or public bodies as defined in ORS
174.109, either within or without the district. However:
(a) A district shall not sell, offer to sell, lease or deliver
water within a city that is receiving water for any purpose from a public
utility as defined by ORS 757.005; and
(b) The power to furnish water for domestic, industrial and
municipal uses under this section shall not be exercised in such a manner
as to impair the service of the district in furnishing water for its
inhabitants. [1969 c.606 §21; 2003 c.802 §137]
(1) The district board shall fix charges for water furnished for
domestic, industrial and municipal purposes so that the water system is
self-sustaining. All indebtedness incurred in the acquisition,
construction, maintenance, operation and disposition of the system shall
be paid from the revenue collected and from the proceeds of the
disposition of the whole or any part of the water system. The district
board may establish rates or charges to be paid by each person whose
premises are served. The rates or charges may be fixed and classified
according to the type of use and according to the amount of water used,
and according to whether the property serviced lies within or without the
boundaries of the district.
(2) The district shall establish and maintain separate accounts
covering the acquisition, construction, reconstruction, maintenance,
operation and disposition of the domestic, industrial and municipal water
system.
(3) The district board may contract with any other district or with
a city to collect water charges for the district within the other
district or city and the district may pay a reasonable charge for such
services.
(4) Water charges may also be collected and enforced as provided by
ORS 454.225. [1969 c.606 §22; 1983 c.740 §216a] A district may
adopt and promulgate regulations concerning the use of water of the
district. The district board may refuse to supply any building, place or
premises with water when the user fails after five days’ written notice
to comply with the regulations of the district. The written notice shall
be by first-class mail or shall be posted in some conspicuous place on
the building, place or premises to which the supply of water may be shut
off. When the notice is mailed, it shall be considered given when it is
deposited in the United States Post Office properly addressed with
postage prepaid. [1969 c.606 §26; 1991 c.250 §2] A district
shall have power:
(1) To make and enforce regulations governing the conduct of the
users of the recreational facilities of the district.
(2) To prohibit any person violating any regulation from thereafter
using the facilities of the district for such period as the board may
determine.
(3) To establish and collect reasonable charges for the use of the
facilities of the district and issue appropriate evidence of the payment
of such charges. [1969 c.606 §29(1)](1) A district has the power:
(a) To cooperate with the United States in the manner provided by
Congress for flood control, reclamation, conservation and allied
purposes, such as recreation, in protecting the inhabitants, the land and
other property within the district from the effects of a surplus or a
deficiency of water when the cooperation of the district is beneficial to
the public health, welfare, safety and utility.
(b) To have general control and supervision over bodies of water
which are owned or maintained, or which have been improved, by the
district, insofar as the quality of water may affect the public health,
welfare, safety and utility of the bodies of water.
(2) In carrying out the authority granted by subsection (1)(b) of
this section, the district may prevent any person including any elected
or appointed officer, employee or person under the control of a city,
county or district, from depositing directly or indirectly in any such
bodies of water, any rubbish, filth or poisonous or deleterious substance
liable to affect the health of persons, fish or livestock. However, the
authority granted by this subsection shall not be exercised unless the
Environmental Quality Commission, after study and determination of a
specific request of the district, certifies to the district that the
quality of a body of water under the jurisdiction of the district is
injurious to the health of persons, fish or livestock. [1969 c.606 §30](1) A district shall, within a reasonable time
after formation, prepare broad, general plans of watershed improvement.
The plan may be prepared in cooperation with the Water Resources
Commission and shall conform to the state water resources policy declared
by ORS 536.220.
(2) The plan also shall show existing and proposed works of the
district and of other public and private agencies relating to water use
and control. It shall demonstrate a basis for the coordination and
planning of future works of the district, governmental agencies and
private interests to assure the maximum beneficial use and conservation
of the water resources of the district. The projects and improvement
plans shall be based on the inventory of water, needs of the district
related to natural resources, and plans and programs, if any, developed
by the Water Resources Commission. The district may have access to all
information, statistics, plans and data in the possession of or available
to any state agency or public corporation which is pertinent to the
preparation of the plan and may reimburse the agency or corporation for
any expense incurred in cooperating with the board.
(3) After approval by the district board, the plan of the district
including the plan for financing any existing or proposed works may be
submitted to the Water Resources Commission for recommendations.
(4) The district board shall make revisions found necessary for the
proper control, utilization, conservation, development and improvement of
the water resources of the district, and for the protection and
enhancement of the quality of such water resources. [1969 c.606 §31] Construction of
district works may be undertaken on motion of the district board or when
landowners of the district request the district board to do so. Upon
initiation of a construction project, the district board shall obtain
engineering plans for the project. [1969 c.606 §33; 1987 c.185 §4; 1989
c.182 §45] In lieu of
obtaining engineering plans as provided by ORS 552.408, the district
board may adopt as an engineering plan, any plans meeting the
requirements of this chapter made by an agency of the federal government
or the state, or proposed as project work plans by a soil and water
conservation district in which lands within the water improvement
district are located. [1969 c.606 §34; 1989 c.182 §46](1) Upon completion or
adoption of the engineering plan, the district board shall cause notice
to be given to the landowners that the plan, including the general
report, may be inspected at the district office. The notice may be given
by mail or by publication as the board determines.
(2) The notice shall fix a time and place for a hearing before the
district board of all objections to the plan. The hearing shall be held
not less than 20 nor more than 30 days after the date of mailing, or the
date of the last publication, of the notice. At the hearing the board may
make changes in the plan as necessary in the light of objections or
suggestions made by persons appearing at the hearing. After the hearing
the board shall approve the plan as proposed, corrected or changed, by
adopting an order of approval. However, if the owners of more than 50
percent of the acreage within the district, within 30 days after the date
of the order approving the plan, file written objections to the order
with the secretary of the district, no further action shall be taken
under the order and the plan shall be considered disapproved by the
district board and rejected by the landowners. When an engineering plan
is rejected by the landowners, the board may obtain a new engineering
plan and present it to the landowners as provided by this section. [1969
c.606 §35; 1989 c.182 §47] After the
approval of the engineering plan as provided by ORS 552.418 and before
beginning the construction of any works, the district board shall give
notice, by publication and otherwise, as it may consider advisable,
calling for bids for the construction of such works, or any portion
thereof. [1969 c.606 §36; 1989 c.182 §48]After advertising for bids, the board shall let a contract for
construction of the whole or any part of the project to the lowest
responsible bidder; or the board may reject any or all bids and
readvertise; or it may construct the project under its own
superintendence. Good and sufficient bond, or an irrevocable letter of
credit issued by an insured institution as defined in ORS 706.008 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. [1969 c.606 §37; 1991 c.331 §81; 1997 c.631 §491] If the
district has a chief engineer, 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 district board of all
work done and improvements. The chief engineer shall make such
suggestions and recommendations to the board as the chief engineer
considers proper. [1969 c.606 §38](1) A district may construct works across or along any
street or public highway, or over any lands which are property of this
state, or any subdivision thereof. A district may construct its work
across and along any stream of water or watercourse.
(2) Any works across or along any highway, road or street shall be
constructed only with the permission of the Department of Transportation,
the county board or the city governing body having jurisdiction of the
highway, road or street. The district shall restore any highway, road or
street to its former state as near as may be and shall not use the right
of way in a manner unnecessarily to impair its usefulness. [1969 c.606
§39]DISTRICT FINANCESThe district board may, in accordance with the order
approving an engineering plan adopted under ORS 552.418, finance the
construction, operation or maintenance of district works by:
(1) Use of the revolving fund established under ORS 552.635.
(2) Assessments under ORS 552.608 and 552.613 against the benefited
property in the district with or without issuance of improvement bonds or
warrants.
(3) Service charges and user fees collected under ORS 552.618 or
552.630 from those who are served by or use the services, works and
facilities of the district.
(4) Levy of ad valorem taxes under ORS 552.623 and 552.625.
(5) Sale of bonds under ORS 552.645 to 552.660.
(6) Any combination of the provisions of subsections (1) to (5) of
this section. [1969 c.606 §40](1) All or part of the cost of building,
constructing, purchasing, operating, maintaining and improving the
district works described in an engineering plan adopted under ORS 552.408
or 552.413 may be assessed against the lands to be benefited by the
works. The district board shall determine the portion of the cost, if
any, that is to be paid from the general funds of the district and the
portion that is to be paid by the lands benefited.
(2) Assessments shall be apportioned by the district board in
accordance with the special and peculiar benefit to be received from the
district works by each lot or parcel of land. Where parcels of land, or
portions thereof, in the district are undeveloped, the district board
may, in its discretion, defer assessing or imposing all or any portion of
such assessments on such parcels until such parcels are connected with or
receiving services from the district works.
(3) The district board shall afford an opportunity for hearing of
any individual objections or remonstrances to assessments under this
section. If remonstrances or objections are received by the district
board signed by more than 50 percent of the landowners representing more
than 50 percent of the acreage within the proposed assessment district,
the proposed improvement shall not be made. [1969 c.606 §41] If any portion of the cost of a district
works is assessed against the property directly benefited, the district
board may issue improvement bonds in the total amount of the valid
applications it has received to pay assessments in installments as
provided by ORS 223.205 and 223.210 to 223.295. [1969 c.606 §42; 1995
c.333 §19] No tract of land shall be
considered to be benefited by the construction, operation, maintenance or
improvement of irrigation works unless the owner of such land enters into
an irrigation contract with the district. The irrigation contract shall
be in such form as shall be prescribed by the district. Upon being
executed the contract may be filed for record and the recording of the
contract shall constitute notice that such lands are subject to
assessments thereafter levied in accordance with the contract. [1969
c.606 §24; 1991 c.459 §428b] (1) Subject
to ORS 552.625, a district may assess, levy and collect taxes each year
on the assessed value of all taxable property within the limits of the
district. The proceeds of the tax shall be applied in carrying out the
purposes of this chapter.
(2) The district may annually also assess, levy and collect a tax
without limitation upon all such property in an amount sufficient to pay
the yearly interest on bonds theretofore issued by the district and then
outstanding, together with any portion of the principal of the bonds
maturing within the year. The tax shall be applied only in payment of
interest and principal of bonds issued by the district, but the district
may apply any funds it may have toward payment of principal and interest
of bonds.
(3) Any taxes needed shall be levied in each year and returned to
the county officer, whose duty it is to extend the tax roll, by the time
required by law for city taxes to be levied and returned.
(4) All taxes levied by a district shall become payable at the same
time and be collected by the same officer who collects county taxes, and
shall be turned over to the district according to law. The county officer
whose duty it is to extend the county levy shall extend the levy of the
district in the same manner as city taxes are extended.
(5) Property shall be subject to sale for nonpayment of taxes
levied by a district in like manner and with like effect as in the case
of county and state taxes. [1969 c.606 §43; 1981 c.804 §109]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 §44] (1)
Subject to subsection (2) of this section, a district shall not levy an
ad valorem tax in any one year in excess of the maximum rate of levy
authorized, which shall be stated in the petition for creation of the
district, unless a change in the maximum rate is first approved by the
electors. The rate of levy shall be stated in dollars and cents per
thousand dollars of assessed value.
(2) A maximum rate of levy fixed upon creation of the district may
be increased or decreased by a majority of those voting on a proposed
change at an election called for that purpose. An election on the
question of a change shall be called by the district board upon a
petition therefor signed by not less than 30 landowners. The question may
be submitted to the electors on the motion of the board.
(3) A maximum rate of levy fixed as provided by this section is in
addition to and not in lieu of any other tax limit provided by law.
However, all other tax limits are subordinate to the maximum rate fixed
as provided by this section. Notwithstanding any other law, the district
board shall not in any one year levy an ad valorem tax in excess of the
rate, except when the tax is levied under ORS 552.623 (2) to pay
principal and interest on district bonds outstanding.
(4) A certified copy of the district board order declaring the
results of an election approving a change in the maximum rate of levy
under this section shall be filed for record. [1969 c.606 §44] (1) For the purpose of paying the
costs of operation and maintenance of district works constructed under
this chapter, the district board may by ordinance:
(a) Impose and collect service charges on the owners or occupants
of property served by the works of the district.
(b) Impose and collect user charges, fees and tolls for use of
works, facilities and services of the district.
(2) Service or user charges shall be based on the cost of
operation, maintenance and administration of the works, facilities or
service. [1969 c.606 §45; 1991 c.459 §428c] For the
purpose of establishing a revolving fund to provide money to finance the
planning and construction of district works, a district board may levy an
ad valorem tax of not to exceed in any one year three-twentieths of one
percent (0.0015) of real market value of all taxable property within the
district. The revenue derived from such taxes shall be credited to a
revolving fund, and shall be disbursed by the district board and used
only for the purpose for which levied. [1969 c.606 §46; 1991 c.459 §429] (1) For the purpose of carrying
into effect any of the powers granted by this chapter, a district, when
authorized at any properly called election held for the purpose, has the
power to borrow money, and sell and dispose of general obligation bonds.
Outstanding bonds shall never exceed in the aggregate two and one-half
percent of the real market value of all taxable property within the
district.
(2) The bonds shall be issued from time to time by the district
board in behalf of the district as authorized by the electors thereof.
The bonds shall mature serially within not to exceed 50 years from issue
date. However, for an indebtedness to the federal government or this
state, the district may issue one or more bonds of the denominations
agreed upon. Bonds shall bear interest at a rate payable semiannually as
the board shall determine. The bonds shall be so conditioned that the
district shall promise and agree therein to pay to the bearer at a place
named therein, the principal sum, with interest at the rate named
therein, payable semiannually, in accordance with the tenor and terms of
the interest coupons attached.
(3) For the purpose of additionally securing the payment of the
principal and interest on general obligation bonds issued under this
section, the district shall have the power, by resolution of the
district, which resolution shall constitute part of the contract with the
holders of the bonds, to pledge all or any part of the net revenue of the
district. The district board may adopt such a resolution without
submitting the question of the pledge to the electors of the district.
[1969 c.606 §47; 1983 c.347 §30; 1991 c.459 §430] Refunding bonds of the same character and
tenor as those replaced thereby may be issued pursuant to a resolution
duly adopted by the district board without submitting to the electors the
question of authorizing the issuance of the bonds. [1969 c.606 §48] All general obligation
bonds, including refunding bonds, issued under ORS 552.645 to 552.660
shall be advertised and sold in the manner prescribed by ORS 287.014 to
287.022 for the sale of bonds of cities of this state. [1969 c.606 §49] (1) If
authorized by its electors, a district may enter a loan contract with a
state or federal agency. The loan contract shall be in such form and
shall contain such terms as may be agreed upon by the agency and the
district. The district may agree to levy assessments against each tract
of land benefited, to do all acts and things necessary therefor, to
assign to the lending agency the assessments as security for the loan and
to perform all such acts within such period of time as may be agreed to
between the district and the state or federal lending agency.
(2) If a state or federal lending agency pays over money to a
district pursuant to the terms of a loan contract and the district fails,
refuses or neglects to levy the assessments, to obtain or prepare a
benefit roll, to assign the assessments or in any other manner not to
perform as it agreed to under the loan contract, the state or federal
lending agency shall have the right, at its election, to apply to the
circuit court for the county in which is located the largest part of the
lands within the district for a writ of mandamus, or any other order or
writ, to require the district, its directors, officers and agents to do
such acts and things as the district agreed to do under the terms of the
loan contract. All costs, charges and expenses pertaining to the issuance
and execution of any such writ or order shall be charged to and collected
from the lands subject to the assessments in addition to such assessments.
(3) Upon the execution of a loan contract, the district shall file
for record a certificate which shall state the date of the loan contract,
the maximum amount of the loan, the recording data pertaining to the
recorded order creating the district, the term of the loan and the rate
of interest. Such certificate shall give notice that all lands within the
district determined to be benefited by the construction of the works
referred to in the engineering plan will be subject to assessments
thereafter to be levied. [1969 c.606 §25; 1991 c.459 §430a]MISCELLANEOUS (1) When a district has
adopted a plan under ORS 552.403, subdistricts may be created as provided
by this section.
(2) Proceedings to create subdistricts, located totally or
partially within or outside of a district, may be initiated by a petition
of the landowners within the subdistrict. Except as otherwise provided by
this section, the petition shall fulfill the same requirements concerning
the subdistrict as a petition is, by ORS 552.118, required to fulfill
concerning the creation of the main district. The petition shall be filed
with the county board of the county where the greater portion of land
within the boundaries of the subdistrict is located, and shall be
accompanied by an undertaking as provided by ORS 552.118. Proceedings to
create a subdistrict shall conform in all things to the provisions
relating to the creation of a district. However, the owners of 50 percent
or more of the total acreage within the proposed subdistrict shall be
required to sign the petition for the creation of a subdistrict.
(3) If the county board adopts an order creating a subdistrict, the
clerk of the county board shall give notice of the order to the district
board. The district board of the main district is the governing board of
each subdistrict of the district. For the purpose of qualifying to be a
member of a district board, under ORS 552.208 (1), ownership of land
within a subdistrict, regardless of the location of the subdistrict, is
considered ownership of land within the district. The territory within
one subdistrict may be included within another subdistrict or
subdistricts.
(4) After the creation of a subdistrict, proceedings in reference
to a subdistrict shall in all matters conform to the provisions of this
chapter applicable to districts. In all matters affecting only a
subdistrict, provisions of this chapter applicable to a district apply to
the subdistrict as though it were an independent district.
(5) The petition for creation of a subdistrict shall include a
statement of the amount or quantity of water for which the subdistrict
desires to acquire the perpetual use and the amount of money the
subdistrict is willing to pay therefor. Prior to the entry of a judgment
creating a subdistrict, the county board shall be furnished the verified
consent of the district board to furnish such perpetual use of water for
the purposes specified to the subdistrict at a price and upon the terms
mentioned in the petition. [1969 c.606 §32; 2003 c.576 §519](1) Any district organized or operating under ORS chapter 545,
547 or 553 may dissolve and transfer its property and other assets and
liabilities to a water improvement district which will undertake to
furnish service to the inhabitants of the dissolving district.
(2) Except as provided by this section, dissolution, liquidation
and transfer proceedings shall be conducted as provided by ORS 198.920 to
198.955.
(3) When a petition is filed or a resolution is adopted initiating
dissolution proceedings, the governing board of the dissolving district
and the district board of the water improvement district shall meet with
each other to agree on a debt distribution plan to be voted upon as a
part of the proposal. The debt distribution plan may provide for any
distribution of indebtedness between the water improvement district and
the dissolving district. If the boards do not agree on a debt
distribution plan or if the area within the dissolving district remains
liable under the plan for any portion of the indebtedness outstanding at
the time of the dissolution and transfer, the district board of the water
improvement district shall be ex officio board of the dissolved district
for the purpose of levying taxes or collecting charges in such area until
the bonded and other indebtedness of the dissolved district is paid.
(4) The consent of all the known holders of valid indebtedness
against the dissolving district shall be obtained or provision made in
the debt distribution plan for the payment of the nonassenting holders.
The area within the boundaries of the dissolving district shall not by
reason of the dissolution and transfer be relieved from liabilities and
indebtedness previously contracted by the dissolving district.
(5) If the dissolution is approved at an election in accordance
with the law applicable to the dissolving district, the governing body of
the dissolving district shall convey to the water improvement district
all assets of the dissolving district after paying and discharging the
debts and obligations to, or procuring releases from the nonassenting
holders, in accordance with the debt distribution plan. [1969 c.606 §13;
1971 c.727 §167; 1991 c.459 §430b] When notice is required by this
chapter to be given by publication, the notice shall be published in a
newspaper of general circulation in the district, or if there is no such
newspaper, in a newspaper of general circulation in each county in which
the district is located. Notice of a hearing to be held before the
district board or the county board shall be published once each week for
four consecutive weeks, making four publications, and the last
publication shall be at least five days before the date set for the
hearing. All other notices required to be published under this chapter
shall be published once each week for two consecutive weeks, making two
publications, and the last publication shall be at least five days before
the date of the event for which the notice is given. This section does
not apply to provision of notice for an election. [1969 c.606 §12; 1971
c.647 §119; 1983 c.350 §304] (1) ORS chapter 255 governs the
following:
(a) The nomination and election of directors.
(b) The conduct of all district elections.
(2) The electors of a district may exercise the powers of the
initiative and referendum regarding a district measure, in accordance
with ORS 255.135 to 255.205. [1983 c.350 §302]BOUNDARY CHANGES A
petition for inclusion or exclusion of territory in a district may be
filed without the approval of the district board indorsed on the
petition. However, if the county board approves the petition and
determines the boundaries, the district board shall call an election in
the district for the purpose of submitting the proposal to the electors
of the district. [1969 c.606 §10; 1971 c.727 §168; 1983 c.83 §101; 1983
c.350 §305] An election on
dissolution may be held only on the same date as the regular district
election. [1969 c.606 §52; 1971 c.727 §169; 1983 c.350 §306]PENALTIESSubject to ORS 153.022, violation of any
regulation adopted under ORS 552.345 is a Class B violation. [1969 c.606
§29(2); 1987 c.185 §5; 1999 c.1051 §198]
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