2007 Oregon Code - Chapter 264 :: Chapter 264 - Domestic Water Supply Districts
Chapter 264 — Domestic Water Supply Districts
2007 EDITION
DOMESTIC WATER SUPPLY DISTRICTS
PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
GENERAL PROVISIONS
264.010Â Â Â Â Definitions
264.015Â Â Â Â Application
of ORS chapter 255
FORMATION
264.110Â Â Â Â Formation
of domestic water supply district; sale of surplus; exemptions
POWERS
264.210Â Â Â Â General
powers of district
264.220Â Â Â Â Disposal
of taxes levied when organization declared invalid
264.240Â Â Â Â Eminent
domain authority; acquisition of property and property rights; obtaining or
laying water pipelines
264.250Â Â Â Â Power
to borrow money and issue general obligation bonds; place of payment
264.260Â Â Â Â Issuance
of revenue bonds
264.270Â Â Â Â Issuance
of refunding bonds
264.280Â Â Â Â Bond
sale procedure
264.300Â Â Â Â Tax
assessment, levy and collection
264.306Â Â Â Â Regulations
concerning use of water and district property; shutoff of water for
noncompliance; notice
264.308Â Â Â Â Requiring
cash deposits of water users
264.310Â Â Â Â Rates
for water furnished; contracts to sell surplus water
264.312Â Â Â Â Increasing
water rates; hearing; notice
264.314Â Â Â Â Shutting
off water if delinquent in payment of water bill
264.320Â Â Â Â Refund
of cost of water main extension
264.330Â Â Â Â Hydrants
for fire protection; regulations; rates
264.335Â Â Â Â Authority
to exercise powers of sanitary district
264.340Â Â Â Â Purchase
and maintenance of fire equipment; contracting for fire protection; elections
to authorize; tax levy to defray expense; application of section
264.342Â Â Â Â Adoption
of fire prevention code
264.344Â Â Â Â Scope
of fire prevention code
264.346Â Â Â Â Violation
of code or failure to remove hazards prohibited
264.348Â Â Â Â Copies
of code to be filed with State Fire Marshal and posted at fire stations
264.349Â Â Â Â Revoking
authority to furnish fire protection services; consequences
264.350Â Â Â Â Street
lighting system; contracts for electricity; tax levy and service charges to
maintain and purchase electric energy
264.352Â Â Â Â Drainage
work
264.360Â Â Â Â Cooperative
agreements; bonding power
IMPROVEMENTS AND ASSESSMENTS
264.362Â Â Â Â Initiation
of proceedings; survey and report of project
264.364Â Â Â Â Board
action on report
264.366Â Â Â Â Resolution
of intention; notice of improvement and hearing
264.368Â Â Â Â Manner
of doing work
264.370Â Â Â Â Hearing;
assessment ordinance
264.372Â Â Â Â Methods
of assessment; alternative financing
264.374Â Â Â Â Appeal
from assessment
264.376Â Â Â Â Notice
of assessment
264.378Â Â Â Â Assessment
lien records; foreclosure proceedings
264.380Â Â Â Â Errors
in assessment calculations
264.382Â Â Â Â Deficit
assessment
264.384Â Â Â Â Excess
assessment; rebate
264.386Â Â Â Â Abandonment
of proceedings
264.388Â Â Â Â Guides
in testing validity of proceedings; proceedings to correct
264.390Â Â Â Â Reassessment
264.394Â Â Â Â Enforcement
of assessment lien
BOARD OF COMMISSIONERS
264.410Â Â Â Â Board;
qualification; terms
264.417Â Â Â Â Position
numbers for commissioners; certification of position number
264.420Â Â Â Â Calling
of special elections
264.430Â Â Â Â Proceedings
of board; election of officers; employment of personnel
264.470Â Â Â Â Deposit
and withdrawal of moneys; annual reports; records
264.480Â Â Â Â Board
of commissioners after merger or consolidation; duties; terms; filing boundary
change with county assessor and Department of Revenue
CONTRACTS
264.505Â Â Â Â Agreement
to supply additional water prior to approval of annexation petition
264.540Â Â Â Â Fire
hydrants in city joined or annexed to district; reversion of water system in city
to district
264.550Â Â Â Â Contracts
between district and city joined or annexed to district
EMPLOYEESÂ’ RETIREMENT SYSTEM
264.810Â Â Â Â EmployeesÂ’
retirement system authorized
264.820Â Â Â Â District
to budget for retirement system
264.830Â Â Â Â Employee
contributions
264.840Â Â Â Â Limitation
on membership
MISCELLANEOUS
264.875Â Â Â Â Assumption
of debts and obligations of district upon dissolution
PENALTIES
264.990Â Â Â Â Penalties
GENERAL PROVISIONS
     264.010
Definitions. As used in this
chapter, unless the context requires otherwise:
     (1) “Board” or “board of commissioners”
means the governing body of a district.
     (2) “District” means a domestic water
supply district formed under this chapter.
     (3) “County” means the county in which the
district, or the greater portion of the taxable assessed value of the district,
is located.
     (4) “County board” means the county court
or board of county commissioners of the county.
     (5) “County clerk” means the county clerk
of the county.
     (6) “Owner” means the holder of the record
title to real property or the vendee under a land sale contract, if there is
such a contract. [Amended by 1969 c.666 §1; 1983 c.83 §38]
     264.015
Application of ORS chapter 255.
(1) ORS chapter 255 governs the following:
     (a) The nomination and election of
commissioners.
     (b) The conduct of 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 §105]
     264.020 [1955 c.676 §3; 1969 c.666 §49; repealed by
1971 c.647 §149]
FORMATION
     264.110
Formation of domestic water supply district; sale of surplus; exemptions. A domestic water supply district may be
formed for the purpose of supplying inhabitants of the district with water for
domestic purposes as provided by this chapter; and, in connection therewith,
may supply, furnish and sell for any use any surplus water over and above the
domestic needs of its inhabitants to persons living outside the district, or to
other water districts, school districts or other local governments as defined
in ORS 174.116. All railroad rights of way or improvements thereon or rolling
stock moving thereover shall be excluded from districts organized after June 9,
1943, and for purposes of ORS 264.210 to 264.320, 264.410, 264.420, 264.430,
264.470 and this section shall not be considered as property within the
boundaries of such districts, unless the owner of the railroad property
expressly consents to its inclusion. [Amended by 1969 c.666 §2; 2003 c.802 §81]
     264.115 [1953 c.681 §2; 1955 c.213 §1; 1969 c.666 §3;
repealed by 1971 c.727 §203]
     264.118 [1953 c.681 §3; 1955 c.110 §1; 1969 c.666 §4;
repealed by 1971 c.727 §203]
     264.120 [Repealed by 1953 c.681 §13]
     264.121 [1953 c.681 §4; 1969 c.666 §5; repealed by 1971
c.727 §203]
     264.124 [1953 c.681 §§5, 7; 1969 c.666 §6; repealed
by 1971 c.727 §203]
     264.127 [1953 c.681 §6; 1969 c.666 §50; repealed by
1971 c.647 §149 and by 1971 c.727 §203]
     264.130 [Repealed by 1953 c.681 §13]
     264.140 [Amended by 1955 c.213 §2; repealed by 1971
c.647 §149]
     264.142 [1953 c.681 §8; 1969 c.666 §7; repealed by
1971 c.647 §149]
     264.144 [1953 c.681 §9; 1969 c.666 §8; repealed by
1971 c.647 §149]
     264.148 [1953 c.681 §10; repealed by 1971 c.647 §149
and by 1971 c.727 §263]
     264.150 [Repealed by 1953 c.681 §13]
     264.154 [1953 c.681 §11; 1969 c.666 §9; repealed by
1971 c.727 §203]
     264.156 [1953 c.681 §12; 1969 c.666 §10; repealed by
1971 c.647 §149 and by 1971 c.727 §203]
     264.160 [Amended by 1969 c.666 §11; repealed by 1971
c.727 §203]
     264.170 [Amended by 1955 c.676 §1; 1961 c.369 §1;
1969 c.666 §12; repealed by 1971 c.647 §149]
     264.180 [1955 c.676 §4; 1969 c.666 §13; repealed by
1971 c.647 §149 and by 1971 c.727 §203]
     264.190 [Formerly 264.415; repealed by 1983 c.350 §331a]
POWERS
     264.210
General powers of district.
A district formed under this chapter shall have the power to make contracts,
hold and receive and dispose of real and personal property within and without
its described boundaries and do all other acts and things which may be
requisite, necessary or convenient in carrying out the objects of the district
or exercising the powers conferred upon it by this chapter, sue and be sued,
plead and be impleaded in all actions and suits or other proceedings brought by
or against it. [Amended by 1969 c.666 §51; 1971 c.727 §79]
     264.220
Disposal of taxes levied when organization declared invalid. When an attempt has been made to organize a
district under the provisions of this chapter and subsequently by a judgment of
a court of competent jurisdiction it has been declared that the organization is
invalid, but prior to such judgment the invalid organization has levied taxes,
the funds derived from the levy shall be disposed of as follows:
     (1) If the area embraced in the invalid
organization is embraced in a subsequently created organization composed of
unincorporated or incorporated territory, or combinations thereof, for the
purpose of furnishing domestic water to the inhabitants thereof, the custodian
of the taxes collected for the invalid organization shall turn them over to the
subsequent organization to be used only for the purpose of furnishing domestic
water to such inhabitants.
     (2) If the subsequent organization does
not embrace all territory embraced in the invalid organization, such taxes as
have been collected from the levy upon property in areas not embraced in the
subsequent organization shall be refunded to the payers thereof by the
custodian of the taxes before the balance is turned over to the subsequent organization.
     (3) If no such subsequent organization is
created to provide domestic water for the inhabitants of such an area, within a
period of two years after the entry of the judgment of invalidation, the taxes
collected shall be refunded by the custodian of them to the taxpayers who paid
them. [Amended by 2003 c.576 §409]
     264.230 [Amended by 1969 c.666 §52; repealed by 1971
c.727 §203]
     264.240
Eminent domain authority; acquisition of property and property rights;
obtaining or laying water pipelines. A domestic water supply district created under this chapter may
exercise the power of eminent domain both inside and outside of its boundaries,
and may purchase, sell, condemn and appropriate real property, water, water
rights and riparian rights. A district also has the right to purchase or obtain
from other local governments as defined in ORS 174.116, water or water rights,
or an interest in water or water rights, or an interest in a water pipeline
owned or operated by any such local government, or to obtain jointly with any
such local government, any right, or to lay and own individually or jointly
with any local government, any water pipeline for the purposes specified in ORS
264.110. [Amended by 1969 c.666 §53; 2003 c.802 §82]
     264.250
Power to borrow money and issue general obligation bonds; place of payment. (1) For the purpose of carrying into effect
all or any powers granted by this chapter, the district, when authorized at any
properly called election held for that purpose, may borrow money and sell and
dispose of general obligation bonds. Except as otherwise provided by this
section, the bonds shall never exceed in the aggregate two and one-half percent
of the real market value of all taxable property within the boundaries of the
district, computed in accordance with ORS 308.207.
     (2) The bonds shall be issued from time to
time by the board of commissioners in behalf of the district as authorized by
the electors, and may be issued in an amount not to exceed one-half of one
percent of the real market value referred to in subsection (1) of this section
without the approval of the electors. The bonds shall mature serially within
not to exceed 30 years from issue date, and shall bear such rate of interest,
payable semiannually, as the board shall determine. The bonds shall be so
conditioned that the district agrees to pay to the bearer, at a place named,
the principal sum of the bonds with interest at the rate named, payable
semiannually in accordance with the tenor and terms of the interest coupons attached.
     (3) If the district has within its
boundaries a population of 300 or over, it may issue bonds in an amount which
shall not exceed in the aggregate 10 percent of the real market value referred
to in subsection (1) of this section.
     (4) For the purpose of additionally
securing the payment of the principal and interest on general obligation bonds
issued under this section, the district may, by resolution of its board which
shall constitute part of the contract with the holders of the bonds, pledge all
or any part of the net revenue of its water system. The board may adopt such a
resolution without submitting the question of the pledge to the electors of the
district. [Amended by 1963 c.9 §6; 1963 c.318 §1; 1969 c.666 §14; 1969 c.694 §4;
1971 c.36 §1; 1977 c.188 §2; 1981 c.94 §14; 1983 c.347 §18; 1991 c.459 §358;
2001 c.215 §2; 2003 c.802 §83]
     264.260
Issuance of revenue bonds.
In addition to the authority to issue general obligation bonds, the district,
when authorized at any properly called election, shall have the power to sell
and dispose of revenue bonds, and to pledge as security therefor all or any
part of the unobligated net revenue of the district or system, to purchase,
acquire, lay out, construct, reconstruct, extend, enlarge or improve a water
system, or to install hydrants for fire protection along its mains, or to
perform any of those acts in combination, for the purpose of obtaining water
for the domestic use of consumers, or for fire protection, or both, within or
without the boundaries of the district. The revenue bonds shall be issued in
the same manner and form as are general obligation bonds of the district, but
they shall be payable, both as to principal and interest, from revenues only,
as specified by this section. The revenue bonds shall not be subject to the
percentage limitation applicable to general obligation bonds and shall not be a
lien upon any of the taxable property within the boundaries of such district,
but shall be payable solely from such part of the revenues of the district as
remain after payment of obligations having a priority and of all expenses of
operation and maintenance of the district, including any taxes levied against
it. All revenue bonds shall contain a clause reciting that both the principal
and interest are payable solely from operating revenues of the district
remaining after paying such obligations and expenses. [Amended by 1969 c.666 §15;
2003 c.802 §84]
     264.270
Issuance of refunding bonds.
Refunding bonds of the same character and tenor as those replaced thereby may
be issued pursuant to a resolution duly adopted by the board of commissioners
without submitting to the electors the question of authorizing the issuance of
such bonds. [Amended by 1969 c.666 §16]
     264.280
Bond sale procedure. All
general obligation and revenue bonds, including refunding bonds, issued under
ORS 264.250 to 264.270 shall be advertised and sold in the manner prescribed in
ORS 287.014 to 287.022 for the sale of bonds of cities of this state.
     Note: 287.014 to 287.022 were repealed by section
234, chapter 783, Oregon Laws 2007. The text of 264.280 was not amended by
enactment of the Legislative Assembly to reflect the repeal. Editorial
adjustment of 264.280 for the repeal of 287.014 to 287.022 has not been made.
     264.290 [Amended by 1969 c.666 §17; repealed by 1971
c.647 §149]
     264.300
Tax assessment, levy and collection. (1) A district may assess, levy and collect taxes in an amount each
year not to exceed one-fourth of one percent (0.0025) of the real market value
of all taxable property within the limits of the district, computed in
accordance with ORS 308.207. The proceeds of the tax shall be applied by it in
carrying out the objects and purposes of ORS 264.110, 264.210 to 264.280 and
264.330 and for the purpose of financing the employeesÂ’ retirement system.
     (2) A district may annually also assess,
levy and collect a special tax 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 such bonds maturing
within the year. The special 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 any such bonds.
     (3) Taxes 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) Taxes levied by the district shall
become payable at the same time and be collected by the same officer who
collects county taxes, and the proceeds 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 is subject to sale for
nonpayment of taxes levied by the district in like manner and with like effect
as in the case of county and state taxes. [Amended by 1963 c.9 §7; 1965 c.348 §6;
1969 c.666 §54; 1969 c.694 §5; 1971 c.36 §2; 1991 c.459 §359; 2001 c.215 §3]
     264.306
Regulations concerning use of water and district property; shutoff of water for
noncompliance; notice. (1)
Any district may adopt and promulgate regulations concerning the use of water
and the property of the district. The board of commissioners may refuse to
supply any building, place or premises with water where the user fails after
five daysÂ’ written notice to comply with the regulations. 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 deemed given when it is deposited in the
United States Post Office properly addressed with postage prepaid.
     (2) Whenever the household supply of water
is being jeopardized by nonhousehold use of water, the district can order the
nonhousehold use of water to be immediately discontinued. For the purposes of
this subsection, nonhousehold use includes irrigation of lawns or fields. [1953
c.660 §3; 1969 c.666 §18; 1991 c.249 §20; 1991 c.250 §1]
     264.308
Requiring cash deposits of water users. Any district may require a reasonable cash deposit to insure payment
for the use or rent of water to be furnished by the district. [1953 c.660 §1;
1969 c.666 §19]
     264.310
Rates for water furnished; contracts to sell surplus water. A district shall charge consumers for the
water furnished and fix and collect the rates therefor. Rates charged may be
fixed and classified according to the type of use and according to the amount
of water used. Any contract entered into by a district with persons other than
domestic users shall provide for immediate cancellation whenever no surplus
supply of water exists over and above any and all demands of domestic users. A
district also may contract with any person, or enter into intergovernmental
agreements under ORS chapter 190, to supply, furnish and sell surplus water on
such terms and conditions and at such rates as the board of commissioners
considers advisable. [Amended by 1969 c.666 §55; 2003 c.802 §85]
     264.312
Increasing water rates; hearing; notice. (1) Whenever any increase is proposed in the existing rates charged
water consumers by a district pursuant to ORS 264.310, the board of
commissioners shall first provide for a public hearing on such proposal before
any increased rates are ordered into effect.
     (2) The public hearing required under
subsection (1) of this section shall be held at a place designated by the board
after notice thereof has been given by inclusion of a notice of the public
hearing in either the water bills or a special mailing sent to consumers by the
district during the period of 30 days prior to the date of the hearing. [1961
c.685 §§2, 3; 1969 c.666 §20; 1979 c.328 §5]
     264.314
Shutting off water if delinquent in payment of water bill. In case prompt payment of water rent or
charge is not made, a district may shut off the water supply to the building,
place or premises to which the district supplied the water. [1953 c.660 §2;
1969 c.666 §56]
     264.320
Refund of cost of water main extension. If any person is required by a district to pay the cost of extending a
water main adjacent to property other than the personÂ’s own so that water
service for domestic use is provided for such other property without further
extension of the water main, the district shall require the owner of the other
property, prior to providing water service to that property, to refund to the
person required to pay the cost of extending the water main, a pro rata portion
of the cost of the extension. The right to require such refund shall not
continue for more than 10 years after the date of installation of the extension
of the water main. The amount to be refunded shall be determined by the
district and such determination shall be final. [Amended by 1969 c.666 §21]
     264.330
Hydrants for fire protection; regulations; rates. Any district may install hydrants for fire
protection along its mains at such points as its board of commissioners may
determine, and furnish water for such purpose. The board shall establish, from
time to time, regulations governing such installations, and furnishing of water
therefrom and any rates and charges thereon. No equipment other than the
hydrants and water therefor shall be furnished at the general expense. [Amended
by 1969 c.666 §22]
     264.335
Authority to exercise powers of sanitary district. In addition to the other powers granted to
districts under this chapter, a district may exercise the powers granted to
sanitary districts under ORS 450.005 to 450.245 when:
     (1) The district obtains all or part of
its supply of water from a watershed;
     (2) The watershed is located in a
sole-source aquifer designated prior to September 29, 1991, by the United
States Environmental Protection Agency under the Safe Drinking Water Act (42
U.S.C. 300h et seq.);
     (3) The watershed is recognized under
rules of the Environmental Quality Commission as a watershed requiring
protection from contamination in order to maintain high water quality; and
     (4) The district adopts a resolution
declaring that the health of the residents of the district and the general
public interest requires the district to protect the water quality of the
watershed. [1991 c.665 §2; 2005 c.22 §191]
     264.340
Purchase and maintenance of fire equipment; contracting for fire protection;
elections to authorize; tax levy to defray expense; application of section. (1) Any district, when authorized by the
electors as provided by this subsection, may purchase fire apparatus and
equipment and maintain, service and operate the same, and may enter into
intergovernmental agreements under ORS chapter 190 for fire protection for its
inhabitants, or do either or any combination of the foregoing. Such power shall
only be given the board of commissioners by a majority of the votes cast by
electors of the district at a special election called for such purpose by the
board.
     (2)(a) When the power is so granted, the
board of commissioners may levy a tax not exceeding three-twentieths of one
percent (0.0015) of the real market value of all taxable property within the
boundaries of the district, computed in accordance with ORS 308.207 for
defraying the expense of providing, maintaining, operating and servicing such
fire apparatus and equipment, and of intergovernmental agreements for the
protection of its inhabitants from fire.
     (b) Upon approval of the majority of the
votes cast by electors of the district at a special election called for that
purpose by the board of commissioners, the district may levy a special tax for
defraying such expenses not to exceed four-tenths of one percent (0.0040) of
the real market value of the taxable property in the district referred to in
paragraph (a) of this subsection.
     (3) This section shall not apply to any
district which on July 16, 1949, was wholly or partially within any legally
organized rural fire protection district. [Amended by 1955 c.163 §1; 1963 c.9 §8;
1963 c.318 §2; 1969 c.666 §23; 1983 c.542 §1; 1991 c.459 §360; 2003 c.802 §86]
     264.342
Adoption of fire prevention code. A district which has provided fire protection under ORS 264.340 may,
in accordance with ORS 198.510 to 198.600, adopt a fire prevention code. [1953
c.206 §1; 1969 c.666 §24; 1971 c.268 §23; 1971 c.647 §39]
     264.344
Scope of fire prevention code.
The fire prevention code referred to in ORS 264.342 may provide reasonable
regulations relating to:
     (1) Prevention of fires.
     (2) Storage and use of combustibles and
explosives.
     (3) Construction, maintenance and
regulation of fire escapes.
     (4) Means and adequacy of exit in case of
fires in factories, asylums, hospitals, churches, schools, halls, theaters,
amphitheaters, all buildings, except private residences, which are occupied for
sleeping purposes, and all other places where large numbers of persons work,
live or congregate from time to time for any purpose.
     (5) Requiring the issuance of permits by
an officer designated by the board of commissioners before burning trash or
waste materials.
     (6) Providing for the inspection of
premises by officers designated by the board of commissioners, and requiring
the removal of fire hazards found on premises at such inspections. [1953 c.206 §2]
     264.346
Violation of code or failure to remove hazards prohibited. When a fire prevention code has been adopted
as provided in ORS 264.342, no person shall violate the provisions of the code
or fail to remove hazards found on inspection within the time set by the
inspecting officer, after written notice to either the owner or occupant of
such premises, or burn waste materials or trash in an unguarded manner without
a permit, if a permit is required by the code. [1953 c.206 §3]
     264.348
Copies of code to be filed with State Fire Marshal and posted at fire stations. Copies of the fire prevention code referred
to in ORS 264.342 shall be filed with the State Fire MarshalÂ’s office and a
copy shall be posted at each fire station within the domestic water supply
district. [1953 c.206 §4; 2003 c.802 §87]
     264.349
Revoking authority to furnish fire protection services; consequences. (1) The authority of a district to furnish
fire protection service under ORS 264.340 may be revoked by a majority vote of
the electors voting at a special election called for that purpose.
     (2) Upon revocation of the authority of a
district to furnish fire protection service under ORS 264.340:
     (a) The board of commissioners may
determine the disposition to be made of any fire apparatus and equipment owned,
maintained, serviced or operated by the district.
     (b) The fire prevention code adopted
pursuant to ORS 264.342 is repealed.
     (3) Revocation of the authority of a
district to furnish fire protection service under ORS 264.340 shall not
abrogate any contract to which the district is a party and which relates to the
fire protection service performed under ORS 264.340, and the district shall be
obligated and authorized to complete and enforce performance of all such
contracts. [1961 c.669 §2; 1969 c.666 §25]
     264.350
Street lighting system; contracts for electricity; tax levy and service charges
to maintain and purchase electric energy. (1) Any district, when authorized by the electors, may install,
maintain and operate a system, or systems, of street, road and highway lights.
Lights shall be maintained upon streets, roads, intersections or other places
as, in the judgment of the board of commissioners, will furnish the best
lighting service to the residents within the district.
     (2) The district through its board of
commissioners may contract with any supplier of electricity, private or public,
to furnish the electric energy for such systems.
     (3) The district, when authorized by the
electors, may at any time thereafter levy a tax, not to exceed three-twentieths
of one percent (0.0015) of real market value in any one year for the
installation of the system and any extension thereof, and not to exceed
one-twentieth of one percent (0.0005) of real market value in any one year for
maintenance and purchase of electric energy. The tax limits provided by this
subsection shall be computed as a percentage of the real market value of all
taxable property within the limits of the district, computed in accordance with
ORS 308.207.
     (4) A district may require any person to
pay the cost of installing the highway lighting system adjacent to the property
of the person. The district shall have the further right to include the cost of
installing the system as a part of an agreement with any person for extending a
water main.
     (5) If authorized by the electors, the
cost of maintenance and purchase of energy may be charged to the water
consumers on the basis of one share for each water connection, payable monthly
with the bills for water charges. The district may, when authorized by the
electors, change from either system of collection to the other. The funds
received from the respective levies and charges to water users shall be used
only for the purposes collected and no other funds of the district shall be so
used.
     (6) Elector approval required by this
section means the approval of a majority voting at a special election called by
the board for the purpose of submitting the matter to the electors. [Amended by
1955 c.163 §2; 1963 c.9 §9; 1969 c.666 §26; 1991 c.459 §361]
     264.352
Drainage work. Any district
may perform drainage work for the purpose of reclaiming real property located
within the district, protecting real or personal property located within the
district from the effects of water, promoting sanitation, providing for the
public health, convenience and welfare or providing services of public utility
or benefit. The district may use all applicable powers granted to it by this
chapter, including the rights and powers of eminent domain, in performing the
drainage work authorized by this section. [1959 c.381 §2; 1969 c.666 §27]
     264.360
Cooperative agreements; bonding power. (1) Districts may enter into cooperative agreements with each other
providing for the joint acquisition, construction, ownership, use or control of
facilities for the collection, treatment, distribution or supply of water.
     (2) Each district may issue and sell
general obligation, revenue or refunding bonds, subject to the limitations and
procedures contained or referred to in this chapter for the authorization,
issuance or sale of such bonds, for the purpose of paying its share of the cost
of the acquisition or construction of facilities provided for in cooperative
agreements authorized by this section. [1963 c.146 §1; 1969 c.666 §28]
     Note: 264.360 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 264 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
IMPROVEMENTS
AND ASSESSMENTS
     264.362
Initiation of proceedings; survey and report of project. Whenever the district board considers it
necessary, upon its own motion, or upon the petition of the owners of one-half
of the property that benefits specially from the improvement, to make any
improvement to be paid for in whole or in part by special assessment according
to benefits, the board shall, by motion, cause a survey and written report for
such project to be made and filed with the secretary. Unless the district board
directs otherwise, the report shall contain:
     (1) A map or plat showing the general
nature, location and extent of the proposed improvement and the land to be
assessed for the payment of any part of the cost thereof.
     (2) Plans, specifications and estimates of
the work to be done; however, where the proposed project is to be carried out
in cooperation with any other governmental agency, the district board may adopt
the plans, specifications and estimates of such agency.
     (3) An estimate of the probable cost of
the improvement, including any legal, administrative and engineering costs
attributable thereto.
     (4) An estimate of the unit cost of the
improvement to the specially benefited properties.
     (5) A recommendation as to the method of
assessment to be used to arrive at a fair apportionment of the whole or any
portion of the cost of the improvement to the properties specially benefited.
     (6) The description and assessed value of
each lot, parcel of land or portion thereof, to be specially benefited by the
improvement, with the names of the record owners thereof and, when readily available,
the names of the contract purchasers thereof.
     (7) A statement of outstanding assessments
against property to be assessed. [1969 c.686 §2]
     264.364
Board action on report.
After the report has been filed with the secretary, the district board may by
motion approve the report, modify the report and approve it as modified,
require additional or different information for the improvement, or it may
abandon the improvement. [1969 c.686 §3]
     264.366
Resolution of intention; notice of improvement and hearing. After the district board approves the report
as submitted or modified, the board shall, by resolution, declare its intention
to make the improvement, provide the manner and method of carrying out the
improvement and direct the secretary to give notice of the improvement. Such
notice shall be given by two publications one week apart in a newspaper of
general circulation within the district, and by mailing copies of the notice by
registered or certified mail to the owners to be assessed for the costs of the
improvement. The notice shall contain the following:
     (1) That the report of the improvement is
on file in the office of the secretary and is subject to public examination.
     (2) That the district board will hold a
public hearing on the proposed improvement on a specified date, which shall not
be earlier than 10 days following the first publication of notice, at which
objections and remonstrances to the improvement will be heard by the board; and
that if prior to such hearing there shall be presented to the secretary valid,
written remonstrances of the owners of two-thirds of the property or two-thirds
of the front footage of the property to be specifically affected for the
improvement, then the improvement will be abandoned for at least six months, unless
the improvement is unanimously declared by the district board to be needed at
once because of an emergency.
     (3) A description of the property to be
specially benefited by the improvement, the owners of the property and the
estimate of the unit cost of the improvement to be paid for by special
assessments to benefited properties. [1969 c.686 §4]
     264.368
Manner of doing work. The
district board may provide in the improvement resolution that the construction
work will be done in whole, or in part, by the district, by a contract or by
any other governmental agency, or by any combination thereof. [1969 c.686 §5]
     264.370
Hearing; assessment ordinance.
(1) At the time of the public hearing on the proposed improvement, if the
written remonstrances represent less than the amount of property required to
defeat the proposed improvement, if such an improvement is one that can be
remonstrated against, then on the basis of such hearing of written
remonstrances and oral objections, if any, the district board may, by motion,
at the time of the hearing or within 60 days thereafter, order the improvement
to be carried out in accordance with the resolution, or the district board may,
on its own motion, abandon the improvement.
     (2) After the public hearing on the proposed
improvement and after the district board has moved to proceed with the
improvement, it may pass an ordinance assessing the various lots, parcels of
land or parts thereof, to be specially benefited with their apportioned share
of the cost of the improvement; but the passage of an assessment ordinance may
be delayed until the contract for the work is let, or until the improvement is
completed and the total cost thereof is determined. [1969 c.686 §§6,7]
     264.372
Methods of assessment; alternative financing. The district board in adopting a method of assessment of the costs of
the improvement may:
     (1) Use any just and reasonable method of
determining the extent of any improvement district consistent with the benefits
derived.
     (2) Use any method of apportioning the sum
to be assessed as is just and reasonable between the properties determined to
be specially benefited.
     (3) Authorize payment by the district of
all, or any part, of the cost of any such improvement, when in the opinion of
the board the topographical or physical conditions, or unusual or excessive
public travel, or other character of the work involved warrants only a partial
payment or no payment by the benefited property of the costs of the
improvement. [1969 c.686 §8]
     264.374
Appeal from assessment. Any
person feeling aggrieved by the assessments made under an assessment ordinance
may, within 20 days after the passage of the ordinance levying the assessment
by the district board, appeal to the circuit court for the county in which the
district is located. The appeal and the requirements and formalities thereof
shall be heard, governed and determined, and the judgment thereon rendered and
enforced, in the manner provided for appeals from assessments in ORS 223.005 to
223.105 and 223.205 to 223.930. The result of the appeal shall be a final and
conclusive determination of the matter of the assessment, except with respect
to the district right of reassessment provided by ORS 264.390. [1969 c.686 §9]
     264.376
Notice of assessment. Within
10 days after the ordinance levying assessments is adopted, the secretary of
the district shall send by registered or certified mail a notice of assessment
to the owner of the assessed property, and shall publish notice of the
assessment twice in a newspaper of general circulation in the district, the
first publication of which shall be made not later than 10 days after the date
of the assessment ordinance. The notice of assessment shall recite the date of
the assessment ordinance and shall state that upon the failure of the owner of
the property assessed to make application to pay the assessment in installments
within 10 days from the date of the first publication of notice, or upon the
failure of the owner to pay the assessment in full within 30 days after the date
of the assessment ordinance, then interest will commence to run on the
assessment and the property assessed will be subject to foreclosure. The notice
shall also set forth a description of the property assessed, the name of the
owner of the property and the amount of each assessment. [1969 c.686 §10]
     264.378
Assessment lien records; foreclosure proceedings. After passage of the assessment ordinance by
the district board, the secretary shall enter in the docket of district liens a
statement of the amounts assessed upon each particular lot, parcel of land or
portion thereof, together with a description of the improvement, the name of
the owners and the date of the assessment ordinance. Upon such entry in the
lien docket, the amount so entered shall become a lien upon the respective
lots, parcels of land or portions thereof, which have been assessed for such
improvement. All assessment liens of a district shall be superior and prior to
all other liens or encumbrances on property in so far as the laws of the state
permit. Interest shall be charged at such rate as the governing body of the
district may provide on all unpaid assessments, together with an amount
sufficient to pay a proportionate part of the cost of administering the bond
assessment program and issuing the bonds authorized under ORS 264.250,
including, but not limited to, legal, printing and consultantÂ’s fees, such
amount to be determined by the governing body, until paid on all amounts not
paid within 30 days from the date of an assessment ordinance. After expiration
of 30 days following the date of an assessment ordinance the district may
proceed to foreclose or enforce collection of the assessment liens in the
amount provided by the general law of the state. However, the district may, at
its option, enter a bid for the property being offered at a foreclosure sale,
which bid shall be prior to all bids except those made by persons who would be
entitled under the laws of the state to redeem the property. [1969 c.686 §11;
1981 c.322 §7]
     264.380
Errors in assessment calculations. Claimed errors in the calculation of assessments shall be called to
the attention of the secretary of the district, who shall determine whether
there has been an error in fact. If the secretary finds that there has been an
error in fact, the secretary shall recommend to the district board an amendment
to the assessment ordinance to correct the error. Upon enactment of the
amendment, the secretary shall make the necessary correction in the lien docket
and send a correct notice of assessment by registered or certified mail. [1969
c.686 §12]
     264.382
Deficit assessment. In the
event that an assessment is made before the total cost of the improvement is
ascertained, and if it is found that the amount of the assessment is insufficient
to defray the expenses of the improvement, the district board may, by motion,
declare such deficit and prepare a proposed deficit assessment. The board shall
set a time for a hearing of objections to such deficit assessment and shall
direct the secretary to publish one notice thereof in a newspaper of general
circulation in the district. After the hearing the board shall make a just and
equitable deficit assessment by ordinance, which shall be entered in the lien
docket as provided by ORS 264.362 to 264.394. Notices of the deficit assessment
shall be published and mailed and the collection of the assessment shall be
made in accordance with ORS 264.376 and 264.378. [1969 c.686 §13]
     264.384
Excess assessment; rebate.
Upon the completion of the improvement project, if it is found that the
assessment previously levied upon any property is more than sufficient to pay
the costs of the improvements, the district board shall ascertain and declare
the amount of the excess by ordinance. When declared, the excess amounts shall
be entered on the lien docket as a credit upon the appropriate assessment. If
any assessment has been paid, the person who paid it, or the legal
representative of the person, shall be entitled to the repayment of the rebate
credit, or the portion thereof which exceeds the amount unpaid on the original
assessment. [1969 c.686 §14]
     264.386
Abandonment of proceedings.
The district board may abandon proceedings for an improvement at any time prior
to the final completion of the improvement. If liens have been assessed upon
any property under ORS 264.362 to 264.394, they shall be canceled, and any
payments made on such assessments shall be refunded to the person paying the
same, the assigns or legal representatives of the person. [1969 c.686 §15]
     264.388
Guides in testing validity of proceedings; proceedings to correct. No improvement assessment shall be rendered
invalid by reason of a failure of the improvement report to contain all of the
information required by ORS 264.362, or by reason of a failure to have all of
the information required to be in the improvement resolution, the assessment
ordinance, the lien docket or notices required to be published and mailed, nor
by the failure to list the name of, or mail notice to, the owner of any property
as required by ORS 264.362 to 264.394, or by reason of any other error,
mistake, delay, omission, irregularity or other act, jurisdiction or otherwise,
in any of the proceedings or steps specified, unless it appears that the
assessment is unfair or unjust in its effect upon the person complaining. The
district board may remedy and correct all such matters by suitable action and
proceedings. [1969 c.686 §16]
     264.390
Reassessment. Whenever any
assessment, deficit assessment or reassessment for any improvement which has
been made by the district is set aside, or its enforcement restrained by any
court having jurisdiction thereof, or when the district board is in doubt as to
the validity of an assessment, deficit assessment or reassessment, or any part
thereof, the district board may make a reassessment in the manner provided by
ORS 223.405 to 223.485. [1969 c.686 §17]
     264.392 [1969 c.686 §18; repealed by 1995 c.333 §37]
     264.394
Enforcement of assessment lien.
(1) In case the whole or any portion of the cost of an improvement is assessed
against the property directly benefited and the owner of the property fails to
pay the amount of the lien, or any portion thereof, or the interest thereon,
when they become due, the board may proceed to foreclose the lien in any manner
provided by law for the collection of liens by municipalities and may provide
by ordinance a general procedure for the collection of liens in any manner not
inconsistent with law.
     (2) The provisions of ORS 223.405 to
223.485 relating to reassessment shall be available to districts where
applicable. [1969 c.686 §19]
BOARD OF
COMMISSIONERS
     264.410
Board; qualification; terms.
(1) Except as otherwise provided by this chapter, the power and authority given
to districts is vested in and shall be exercised by a board of five
commissioners, each of whom shall be an elector of the district. However, if
there are fewer than 100 electors of the district, then any individual who owns
and maintains real property within the district, pays taxes levied thereon by
the district and is an elector registered anywhere in this state may serve as a
commissioner. Except as provided by subsection (2) of this section, each
commissioner shall be elected for a term of four years.
     (2) Within 10 days after the formation of
a district and the election of the members of the first board, the
commissioners shall meet and organize, first taking and subscribing an oath of
office. The commissioners first elected shall determine by lot the length of
term each shall hold office. The terms of two commissioners shall expire June
30 next following the first regular district election and the terms of three
commissioners shall expire June 30 next following the second regular district
election.
     (3) The board of commissioners shall fill
any vacancy on the board as provided in ORS 198.320. [Amended by 1955 c.213 §3;
1967 c.436 §2; 1969 c.666 §29; subsection (3) renumbered 264.415; 1971 c.727 §80;
1973 c.796 §19; 1975 c.647 §22; 1981 c.352 §1; 1983 c.6 §1; 1983 c.83 §39; 1983
c.350 §102]
     264.415 [Formerly subsection (3) of 264.410; 1971
c.647 §40; 1973 c.796 §20; 1975 c.647 §23; renumbered 264.190]
     264.417
Position numbers for commissioners; certification of position number. (1) Each office of commissioner shall be
designated by number as Position No. 1, Position No. 2 and so forth.
     (2) The secretary of a district shall
assign a position number to each office on the board. The number so assigned
shall be certified by the secretary to the commissioner in office holding that
position. A copy of the certification shall be filed with the district
elections officer. [1977 c.301 §2; 1983 c.350 §103]
     264.420
Calling of special elections.
The board of commissioners at any regular meeting may call a special election
of the electors of the district. [Amended by 1969 c.666 §31; 1971 c.647 §41]
     264.430
Proceedings of board; election of officers; employment of personnel. (1) The board of commissioners shall hold
meetings at such time and place within the district as it may determine. The
board shall hold at least one regular meeting in each month on a day to be
fixed by it, and may hold special meetings under such rules as it may make.
     (2) The board shall, at the time of its
organization, choose from the commissioners a president, a secretary and a
treasurer, who shall hold their offices until the first regular meeting in
January, or until their successors are elected and qualified. The officers
shall have, respectively, the powers and shall perform the duties usual in such
cases. A majority shall constitute a quorum to do business and, in the absence
of the president, any other member may preside at a meeting.
     (3) The board of commissioners may employ
engineers, superintendents, mechanics, clerks or other persons as it may find
requisite, necessary or convenient in carrying on any work of the district and
at a rate of remuneration as it may consider just.
     (4) The board may provide life insurance
and retirement or pension plans for employees of a district, if the insurer
issuing the policy is licensed to do business in the State of
     264.440 [Repealed by 1969 c.666 §70]
     264.450 [Amended by 1969 c.666 §33; repealed by 1969
c.666 §68 and by 1969 c.669 §21]
     264.455 [1961 c.564 §2; amended by 1969 c.666 §57;
repealed by 1969 c.325 §4 and by 1969 c.666 §67]
     264.460 [Amended by 1969 c.666 §58; 1975 c.647 §24;
repealed by 1983 c.350 §331a]
     264.470
Deposit and withdrawal of moneys; annual reports; records. (1) The money of a district shall be
deposited in one or more depositories, as defined in ORS 295.001, to be
designated by the board of commissioners. The money shall be withdrawn or paid
out only when previously ordered by vote of the board, and upon checks signed
by the treasurer or such other person as may be authorized by resolution of the
board. Receipts or vouchers, showing clearly the nature and items covered by
each check drawn, shall be kept on file.
     (2) All the proceedings of the board of
commissioners shall be entered at large in a record book. All books, maps,
plans, documents, correspondence, vouchers, reports and other papers and
records pertaining to the business of the district shall be carefully preserved
and shall be open to inspection as public records. [Amended by 1969 c.666 §34;
1969 c.694 §6; 1971 c.36 §3; 2001 c.215 §4]
     264.480
Board of commissioners after merger or consolidation; duties; terms; filing
boundary change with county assessor and Department of Revenue. (1) Notwithstanding ORS 198.910 and 198.915,
when, at an election on consolidation or merger, a majority of the votes cast
in each affected district is in favor of merger or consolidation or when merger
or consolidation of districts is approved by a final order of a local
government boundary commission, if all but one of the affected districts
together contain fewer than 20 percent of the electors or owners of land within
the successor or surviving district, the district board of the district
containing the largest number of electors or owners of land shall serve as the
district board of the surviving or successor district. The terms of office of
members of the district board of the surviving or successor district chosen
under this subsection shall not be affected by the merger or consolidation.
     (2) The board selected under subsection
(1) of this section or ORS 198.912 shall immediately meet as required by ORS
198.910, organize as provided by this chapter and, by resolution, declare the
districts merged or consolidated. In areas outside the jurisdiction of a local
government boundary commission, the merger or consolidation is complete from
the date of adoption of the resolution. Within the jurisdiction of a local
government boundary commission, the merger or consolidation takes effect as
provided in ORS 199.480 (1)(c).
     (3) 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. [1983 c.195 §2; 1997
c.590 §3; 2001 c.138 §8]
CONTRACTS
     264.505
Agreement to supply additional water prior to approval of annexation petition. Before approval of the board of
commissioners is given to a petition for annexation, the board shall secure
from the independent water supply source of the district, if any, an agreement
to supply such additional water as may be needed. [1953 c.682 §§2,3,4,5,6; 1967
c.436 §1; 1969 c.79 §1; 1969 c.666 §35; 1971 c.727 §81]
     264.510 [Repealed by 1953 c.682 §7]
     264.511 [1969 c.79 §3; 1969 c.666 §69; repealed by
1971 c.727 §203]
     264.520 [Amended by 1955 c.163 §3; 1969 c.666 §36;
repealed by 1971 c.727 §203]
     264.530 [Amended by 1969 c.666 §37; repealed by 1971
c.727 §203]
     264.540
Fire hydrants in city joined or annexed to district; reversion of water system
in city to district. (1) If
a city has been annexed to a district under ORS 198.866 and 198.867 or has been
joined to a district under ORS 198.910, the city may designate the location and
type of fire hydrants to be installed within the territory of the city. The
board of commissioners shall establish the rates for the use of water therefrom
as provided in ORS 264.330. The city and the district may by contract determine
the entire matter of installation of hydrants and use of water therefrom and
payment therefor.
     (2) The ownership of the water supply
system within the city boundaries shall revert to and be vested in the
district. [Amended by 1969 c.666 §59; 1971 c.727 §82; 1983 c.142 §13]
     264.550
Contracts between district and city joined or annexed to district. If a city has been annexed to a district
under ORS 198.866 and 198.867 or has been joined to a district under ORS
198.910, the city and the district may:
     (1) Enter into contracts and agreements to
do any act or thing which either could have done if the annexation had not
occurred.
     (2) Contract and agree for the collection
by the district of any water user tax or charge imposed by the city upon water
users within the territory of the city, and the district thereupon may provide
for such collection according to its rules and regulations for the collection
of amounts due the district by water users, including but not limited to
shutting off the water supply for nonpayment. [1955 c.692 §1; 1969 c.666 §38;
1971 c.727 §83; 1983 c.142 §14]
     264.575 [1961 c.476 §§2, 3; 1965 c.135 §1; 1969
c.666 §39; repealed by 1971 c.727 §203]
     264.580 [1961 c.476 §4; 1969 c.666 §60; repealed by
1971 c.727 §203]
     264.585 [1961 c.476 §6; 1969 c.666 §61; repealed by
1971 c.727 §203]
     264.590 [1961 c.476 §5; 1969 c.666 §62; repealed by
1971 c.727 §203]
     264.610 [Amended by 1969 c.666 §40; 1971 c.601 §1;
repealed by 1971 c.727 §203]
     264.620 [Amended by 1969 c.666 §41; repealed by 1971
c.727 §203]
     264.630 [Amended by 1969 c.666 §42; 1971 c.601 §3;
repealed by 1971 c.727 §203]
     264.710 [1953 c.683 §1; repealed by 1969 c.666 §70]
     264.715 [1953 c.683 §2; 1969 c.666 §43; repealed by
1971 c.727 §203]
     264.720 [1953 c.683 §3; 1969 c.666 §63; repealed by
1971 c.727 §203]
     264.725 [1953 c.683 §§4, 5; 1969 c.666 §44; repealed
by 1971 c.727 §203]
     264.730 [1953 c.683 §6; 1969 c.666 §45; repealed by
1971 c.727 §203]
     264.735 [1953 c.683 §7; 1969 c.666 §46; repealed by
1971 c.727 §203]
     264.740 [1953 c.683 §8; 1969 c.666 §64; repealed by
1971 c.647 §149]
     264.745 [1953 c.683 §9; 1969 c.666 §47; repealed by
1971 c.727 §203]
     264.750 [1953 c.683 §10; 1969 c.666 §65; repealed by
1971 c.727 §203]
EMPLOYEESÂ’
RETIREMENT SYSTEM
     264.810
EmployeesÂ’ retirement system authorized. (1) A district may establish an employeesÂ’ retirement system. The
board of commissioners may enter into agreements necessary to establish the
system and carry out the plan and may agree to modifications of such agreements
from time to time.
     (2) The retirement plan may provide for retirement
benefits measured on the basis of services rendered or to be rendered by an
employee, either before or after the date on which such employee first becomes
a member of the retirement plan. The retirement plan may provide for a minimum
of years of service and a minimum and maximum age of retirement for the
employee. [1965 c.348 §2; 1969 c.666 §48]
     264.820
District to budget for retirement system. The district may budget and provide for payment into the fund of the
retirement plan an amount sufficient:
     (1) To provide on an actuarial reserve
basis the amortized level premium cost of the retirement benefits which, under
the provision of the retirement system, are to be provided by the district to
its employees who attain the retirement age or retire in accordance with the
terms of the retirement plan.
     (2) To meet the actuarially computed costs
of retirement benefits measured on the basis of services rendered or to be
rendered by an employee before or after the date on which such employee becomes
a member of the retirement plan. [1965 c.348 §3]
     264.830
Employee contributions. The
district may collect, as a contribution from any employee, that percentage of
the salary received by the employee which is necessary to fund on an actuarial
reserve basis the cost of retirement benefits which the employee is required to
provide pursuant to the provisions of a retirement plan. [1965 c.348 §4]
     264.840
Limitation on membership.
Nothing in this chapter authorizes the district to budget, provide for payments
or collect contributions to fund retirement benefits for an individual who is
not in the employment of the district at the time of the creation of a
membership status under a retirement plan. [1965 c.348 §5]
MISCELLANEOUS
     264.875
Assumption of debts and obligations of district upon dissolution. (1) An irrigation district within which a
water district is situated, or a city supplying water to a water district, may
enter into a written agreement with a water district contemplating dissolution
undertaking to assume, in the event of such dissolution, all of the outstanding
debts and obligations of the water district and to continue to furnish water to
the inhabitants of the dissolving district for domestic and municipal use for a
term therein specified, not to exceed 25 years. Subject to the provisions of
this section, the successor city shall, if the dissolution is approved, have
the powers and assume the responsibilities, with reference to domestic water
supply, as are conferred and imposed upon cities under ORS 223.005 to 223.105,
223.205 to 223.930 and ORS chapter 225. Any person entitled to water service
within the area of the dissolved district has the same remedies at law or in
equity to enforce the rights of the person to water supply service as are available
to enforce the right to water service within the city.
     (2) The successor city or district shall
furnish domestic water supply and service to persons owning or occupying
property within the dissolved district on the same terms and conditions as in
the case of those owning or occupying property within the city, or elsewhere
within the irrigation district. If the district assets and obligations are
transferred to a city, the city may charge a rate for the service that is no
more than the rate which is uniformly applied to all users in similar
classifications outside the city. No such differential rate may be charged,
however, unless such a differential is provided for, and specifically limited,
by the terms of the agreement made prior to the dissolution. Nothing in this
section authorizes a city or an irrigation district to levy an ad valorem real
property tax on property outside the city or district.
     (3) Any debts or obligations assumed by
the successor city or by the irrigation district by reason of, or during the
period of, its commitment under the agreement shall bind the city or irrigation
district until they are fully paid and discharged. No contract shall be
effective unless all of the terms thereof are reduced to writing, signed by the
entities, and filed with the county clerk as a part of and at the time the
findings and plan of dissolution are filed under ORS 198.925. [1971 c.601 §5;
1983 c.740 §67]
PENALTIES
     264.990
Penalties. Violation of any
provision of ORS 264.346 is a Class D violation. Each dayÂ’s refusal to remove
fire hazards after notice by the inspecting officer to the owner or occupant of
the premises whereon such hazard exists shall constitute a separate offense. [1953
c.206 §5; 1999 c.1051 §168]
_______________
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