2007 Oregon Code - Chapter 547 :: Chapter 547 - Drainage Districts
Chapter 547
Drainage Districts
2007 EDITION
DRAINAGE DISTRICTS
WATER LAWS
ORGANIZATION OF DRAINAGE DISTRICTS; SCOPE OF
LAW
547.005 Authority
to form drainage district
547.010 Petition
to form district; contents
547.015 Verification
and filing of petition
547.020 Fixing
time and place of hearing; notice; jurisdiction over district
547.025 Filing
of objections
547.030 Evidence
at hearing; findings; appeal
547.040 Application
of Act of 1915 and amendments to districts organized under earlier laws
547.045 State
lands within district; authority to sign petition or objections; liability of
lands; assessments
547.050 Signing
of petition by Governor
547.055 Attack
on validity or boundaries of district; time for commencement of suit
547.060 Scope
of Drainage District Act
BOARD OF SUPERVISORS; ADMINISTRATION; SURETY
BONDS; WARRANTS
547.105 Election
of supervisors; qualifications and terms of office; quorum for transaction of
business at owners meetings
547.110 Annual
meeting; election of supervisors; owners entitled to vote
547.112 Change
in number of supervisors
547.115 Supervisors
oath of office
547.120 Board
of supervisors; officers; secretary; seal; record of proceedings; report
547.125 Secretary
as treasurer; duties; audit of books and report to landowners; compensation
547.130 Record
of meetings, proceedings, certificates, bonds, acts
547.135 Removal
of employees
547.140 Uniform
charge to pay expenses of organizing district, surveys, assessing benefits and
damages; collection; surplus funds; refunding in case of dissolution
547.150 Payment
of claims; warrants; nonpayment; interest-bearing warrants; charge or levy of
tax to pay
ENGINEER; PLAN FOR RECLAMATION; COMMISSIONERS; ASSESSMENT OF BENEFITS
547.205 Appointment
of engineer; duties; surveys; report; maps
547.210 Engineers
report; adoption by supervisors; report constitutes Plan for Reclamation;
exclusion of lands not benefited; certain irrigated lands deemed to be
benefited
547.215 Commissioners;
appointment; qualifications; quorum; continuing existence
547.220 Notice
of appointment of commissioners; meeting; secretary of board of supervisors to
furnish certain information; oath; officers
547.225 Assessment
of benefits and damages by commissioners; report; compensation
547.230 Notice
of report of commissioners; publication; form
547.235 Exceptions
to report or assessment; hearing by court; modifications; transmission of
judgment and report to supervisors and county clerks; appeal from judgment
547.240 Dissolution
of district if cost exceeds benefits; obligations and expenses; additional
charges
547.245 Reassessment
of benefits
547.250 Changes
in plan for reclamation; petition for amendment of plan; notice
547.255 Objections
to petition; findings; judgment; recording
547.260 Appointment
of commissioners when plan amended; subsequent proceedings; court costs
547.265 Amendment
of plan where works or charge insufficient; additional charge
WORKS AND IMPROVEMENTS OF DISTRICT
547.305 Entry
on land; acquisition of property; water filings and appropriations;
condemnation of property devoted to public use; right of way across state lands
547.310 Board
authority regarding reclamation works; contracts; engineers duties
547.315 Connecting
existing improvements; procedure; connection with improvements outside district
547.320 Powers
of districts regarding irrigation works; bonds
547.325 Powers
of districts under 1,000 acres regarding domestic water supply
CONTRACTS WITH UNITED STATES FOR RECLAMATION
547.355 Contracts
with
547.360 Payment
of amounts due; assessments on lands; lien thereof; collection
DISTRICTS
WEST OF CASCADES; CONSTRUCTION AND MAINTENANCE OF DITCHES
547.405 Districts
west of Cascades; control of supervisors over improvements
547.410 Maintaining
improvements; notice to owner or occupant of premises
547.415 Failure
of owner or occupant to act; maintenance by supervisors
547.420 Liability
for cost of work; notice of claim of lien; foreclosure; sale of land
547.425 Prohibited
practices
547.430 Civil
liability for expense of removal of filth or obstruction; recovery by action
ASSESSMENTS, CHARGES AND TAXES
547.455 Annual
charge or assessment; computation; apportionment; liability of state lands;
payment of assessments by bonds, coupons or warrants
547.460 County,
city and town lands subject to taxation, assessment or charges
547.465 Assessment
or charge of low lands used for growing crops
547.470 Extra
assessment or charge for lake drainage
547.475 List
of assessments and apportionments
547.480 Collection
of tax; disposition
547.482 Filing
boundary change with county assessor and Department of Revenue
547.485 Governing
body of county to make assessment and levy upon failure of supervisors to do so
547.490 Waiver
of penalty or interest by certain districts
547.492 Alternative
charge or assessment method
547.495 Crops
bound by lien; exceptions
547.500 Notice
or claim of crop lien; filing; contents
547.505 Recording
of crop lien claim by clerk; indexing
547.510 Form
of crop lien claim; foreclosure
547.515 Removal
of crops to another county; recording of notice in latter county; rights of
purchasers and mortgagees
BONDS OF DISTRICT
547.555 Bonds;
issuance; interest; place of payment; maturities
547.560
547.565 Payment
of bonds from assessments
547.570 Bond
proceeds; depository
547.575 Bond
fund account; general fund
547.580 Retirement
of bonds before maturity; call provisions
FUNDING AND REFUNDING OF DEBT UNDER 1909 ACT
547.605 Funding
and refunding of debt; bonds; place of payment
547.610
547.615 Tax
for payment of interest and principal; sinking fund
547.620 Retirement
of outstanding bonds; notice to bondholders to submit propositions; premium;
calling of bonds
ALTERNATIVE METHOD OF REFUNDING INDEBTEDNESS
OR ISSUING BONDS
547.655 Authority
to adopt alternative procedure
547.660 Exchange
of refunding bonds for outstanding indebtedness
547.665 Numbering;
maturities; negotiability; interest; place of payment; denominations;
execution; registration; authority to retire bonds
547.670 Offer
by holders of indebtedness to surrender evidences thereof or accept
proportional payment; sale of bonds; notice; publication
547.675 Lien
on land assessed for bond payment
547.680 Emergency
fund; assessments for; use of
547.685 Retirement
of bonds before maturity; notice of call; date of payment; cessation of
interest
547.690 Judicial
confirmation
547.695
547.697 Bond
fund separate from district general fund; deposits to bond fund and district
general fund; expenditures from bond fund and district general fund
WITHDRAWAL
547.755 Part
of district annexed to city to be withdrawn from district only by consent of
voters
PENALTIES
547.990 Penalties
ORGANIZATION OF DRAINAGE DISTRICTS; SCOPE OF
LAW
547.005
Authority to form drainage district. The persons shown by the records of the county to be the owners of 50
percent of the acreage in any contiguous body of swamp, wet or overflowed lands
or irrigated lands, waters from which contribute to the swamp, wet or
overflowed conditions of those or other lands, situated in one or more counties
of the state, may form a drainage district for the purpose of having such lands
reclaimed and protected by drainage or otherwise from the effects of water, for
sanitary or agricultural purposes, or when the same may be conducive to the
public health, convenience and welfare or of public utility or benefit.
547.010
Petition to form district; contents. For the purpose mentioned in ORS 547.005, the owners may prepare and
sign a petition in which shall be stated:
(1) The name proposed for the district.
(2) The boundary lines of the district, or
a description of all the lands included therein, with an allegation that such
lands constitute a contiguous body of swamp, wet or overflowed lands, or
irrigated lands the waters from which contribute to the swamp, wet or
overflowed condition of those or other lands.
(3) The total acreage included in the
district, and if land in more than one county is included, then the acreage in
each county.
(4) The names of the owners of land in the
district as shown by the county records, and the acreage owned by each owner.
(5) An allegation that the proposed
reclamation or protection is for sanitary or agricultural purposes, or both,
and that the proposed reclamation or protection will be conducive to the public
health or welfare or of public utility or benefit.
(6) An allegation that all the lands
included in the proposed district are properly included, and will be
beneficially affected by the operations of the proposed district.
(7) An allegation that the benefits of the
proposed reclamation or protection will exceed the damage to be done and that
the best interests of the land included and of the owners of such land as a
whole, and of the public at large, will be promoted by the formation and
proposed operations of the district.
(8) An allegation that the formation of a
drainage district under the provisions of this chapter is a proper and
advantageous method of accomplishing the reclamation and protection of the
lands included therein.
(9) A brief, general, informal statement
of a proposed plan of reclamation or protection and such general facts as will
enable the court to determine that there is a reasonable probability that the
objects sought by the formation of the district may be accomplished.
(10) An agreement that the signers will
pay any expenses incurred and any charges imposed and billed to the signers,
for the purpose of paying the expense of organizing or attempting to organize
the proposed district.
(11) A prayer asking that the lands
described, or such of them as may be found by the court to be properly included
in the proposed district, either permanently or until further investigation and
surveys may permit elimination, shall be declared organized into a drainage
district. [Amended by 1991 c.459 §425]
547.015
Verification and filing of petition. The petition shall be verified by one or more of the petitioners to
the effect that they have read the petition and believe the allegations to be
true. It shall be filed in the office of the county clerk of the county in
which the lands described are situated. If the lands are situated in more than
one county it shall be filed in the office of the county clerk of the county in
which more of the lands are situated than in any other county.
547.020
Fixing time and place of hearing; notice; jurisdiction over district. (1) Upon presentation of the petition, the
county court shall fix the time and place for hearing the petition. Thereupon
the clerk in whose office the petition was filed shall give notice in the
following manner:
(a) The clerk shall cause notice to be
published once each week for four consecutive weeks in some newspaper published
in each county in which are situated lands of the district, the last insertion
to be made at least 15 days prior to the meeting of the county court at which
the petition is to be heard. The notice shall be substantially in the following
form and shall be deemed sufficient for all purposes of the Drainage District
Act:
______________________________________________________________________________
Notice of Hearing on Petition to Form
Drainage District.
In the County
Court of the State of
Notice is given that hearing on the
following petition will be held at the courthouse in the city of _____, County
of _____, State of
All persons owning or claiming an interest
in lands described in the petition are notified to appear at that place on that
date and show cause, if any there be, why the prayer in the petition should not
be granted.
_______________
Clerk of the County Court
______________________________________________________________________________
(b) Immediately following the notice and
as a part thereof, there shall be published the petition in full, including the
signatures thereto.
(2) The county court of the county in
which the petition has been filed shall thereafter maintain and have original
and exclusive jurisdiction coextensive with the boundaries and limits of the
district without regard to county lines, for all purposes of the Drainage
District Act.
547.025
Filing of objections. On or
before the date set for the hearing, any person objecting to the organization
and incorporation of the district may appear and file a writing setting forth
specifically and definitely any objections thereto.
547.030
Evidence at hearing; findings; appeal. (1) At the hearing the court shall hear and consider any evidence that
may be presented for or against the petition or any objection thereto.
(2) Thereupon the court shall make its
findings upon the facts alleged in the petition or objections and any other
facts necessary and proper for the determination of the propriety of the
organization of the district, which findings shall be entered on the journal of
the court.
(3) If it appears to the court that the
prayer of the petition should be granted, the court shall, by its order entered
of record, declare the drainage district organized.
(4) If it appears to the court that the
prayer of the petition should not be granted, the proceedings shall be
dismissed and the costs adjudged against the signers of the petition in
proportion to the acreage represented by each.
(5) In making such findings and decision,
the court shall disregard any error, irregularity or omission which does not
affect substantial rights, and no such error, irregularity or omission shall
affect the validity of the organization or any proceedings taken thereon.
(6) Appeal may be taken de novo from the
decision of the court to the circuit court. [Amended by 1979 c.284 §168]
547.035 [Repealed by 1975 c.326 §5]
547.040
Application of Act of 1915 and amendments to districts organized under earlier
laws. All drainage districts
organized before February 14, 1921, in pursuance of any law relating to
drainage districts passed prior to the enactment of chapter 340, Oregon Laws
1915, shall have all the powers and be subject to all the provisions of the
Drainage District Act, except in so far as the organization of the district is
concerned.
547.045
State lands within district; authority to sign petition or objections;
liability of lands; assessments. (1) Whenever any diking or drainage district is sought to be created
and organized or is created and organized in the manner provided by law, within
the boundaries of which are located any lands belonging to the state that have
been acquired or used by or for any state institution described in ORS 179.321,
the Director of Human Services may sign any petition or objections thereto for
the organization of such district and exercise on behalf of the state with respect
to the district and the land therein belonging to the state, all the rights and
privileges of a landowner within the district.
(2) Whenever any such district or proposed
district includes any lands belonging to any public body as defined in ORS
174.109, the presiding officer of such public body, or other member of the
governing body of such public body, when thereto authorized by a resolution of
the governing body thereof, may sign such petition or objection thereto on
behalf of the public body, and exercise with respect to the district and the
land therein belonging to the public body, all the rights and privileges of a
landowner in the district, including the right to be a supervisor of the
district.
(3) Lands belonging to a public body as
defined in ORS 174.109 shall be subject to the same burdens and liabilities and
entitled to the same benefits as lands in the district belonging to private
individuals. The Department of Human Services may pay from any appropriations
made for the operation and maintenance of any institution, the lands of which
have been included in any diking or drainage district, any charges billed to
the department or any assessments levied against such lands by the diking or
drainage district. [Amended by 1959 c.380 §1; 1969 c.597 §61; 1989 c.171 §72;
1991 c.459 §425a; 2003 c.802 §134]
547.050
Signing of petition by Governor. The signing of the petition by the Governor for the organization of a
diking or drainage district on behalf of the state shall be deemed to
constitute compliance with the provisions of ORS 547.005 to 547.015, and any
previous such action by the Governor is hereby ratified and confirmed. [Amended
by 1969 c.597 §62]
547.055
Attack on validity or boundaries of district; time for commencement of suit. No action, suit or proceeding, under ORS
30.570 or otherwise, shall be maintained for the purpose of avoiding, setting
aside or otherwise questioning or affecting the validity of the organization of
any district organized under the Drainage District Act, unless such action,
suit or proceeding is commenced within nine months from the date of the
proclamation in such matter made by the county judge; nor for the purpose of
questioning the legality of the boundaries established for such corporation in
such proclamation unless similarly commenced within nine months therefrom; nor
for the purpose of questioning the legality of any altered boundaries of the
district which may be subsequently established as provided for by ORS 547.250
to 547.260 unless commenced within nine months from the date of the judgment. [Amended
by 2003 c.576 §505]
547.060
Scope of Drainage District Act.
As used in this chapter, Drainage District Act means ORS 547.005 to 547.030,
547.105 to 547.150, 547.205 to 547.240, 547.250 to 547.265, 547.310, 547.315,
547.455 to 547.475, and 547.555 to 547.580.
BOARD OF
SUPERVISORS; ADMINISTRATION; SURETY BONDS; WARRANTS
547.105
Election of supervisors; qualifications and terms of office; quorum for
transaction of business at owners meetings. Within 30 days after any drainage district has been organized under
the provisions of the Drainage District Act, the county clerk of the county in
which the petition was filed shall call a meeting of the owners of land
situated in the district for the purpose of electing a board of supervisors
with three or five supervisors as determined by the owners of land within the
district. Notice of the meeting shall be given by publication in some newspaper
published in each county in which lands of the district are situated, at least
10 days before the date of the meeting. The supervisors shall be owners of land
in the district. The landowners, assembled at the place and time required by
the notice, shall organize by the election of a chairperson and secretary of
the meeting who shall conduct the election. Each owner is entitled to one vote
in person or by proxy for each acre of land owned by the owner in the district.
The three or five persons receiving the highest number of votes shall be
declared elected as supervisors. They shall immediately by lot determine the
terms of their office. If three supervisors are elected, the supervisors shall
serve, respectively, one, two and three years. If five supervisors are elected,
one supervisor shall serve one year, two supervisors shall serve two years, and
two supervisors shall serve three years. The supervisors first elected shall
serve until their successors are elected and qualified. The majority of the
acreage represented shall be necessary to constitute a quorum for the
transaction of business at all landowners meetings; provided, however, that
when in any year a district shall fail to have a quorum at its annual meeting
called pursuant to ORS 547.110 then the quorum for the annual meeting for the
succeeding year shall be at least 35 percent of the acreage represented. [Amended
by 1959 c.379 §1; 2003 c.223 §1]
547.110
Annual meeting; election of supervisors; owners entitled to vote. In the same month of each year after the
election of the first board of supervisors, the board shall call a meeting of
the owners of land in the district, after giving notice in the manner provided
for in ORS 547.105. The owners shall meet at the time and place fixed by the
board and elect one or two supervisors in the manner prescribed in ORS 547.105,
who shall hold office for three years and until a successor is elected and
qualified. However, after the report of the commissioners has been confirmed by
the court under the provisions of ORS 547.235, only the owners of the land
having benefits attributed to the land shall be entitled to vote at the annual
meetings held under the provisions of this section. [Amended by 1969 c.669 §14;
1991 c.459 §425b; 2003 c.223 §2]
547.112
Change in number of supervisors. (1) At least six months prior to an annual meeting of a drainage
district, the board of supervisors of the drainage district may change the
number of supervisors elected to the board, effective at the next annual
meeting, by a motion approved by the affirmative vote of a majority of the
supervisors.
(2) If the board of supervisors acts under
subsection (1) of this section:
(a) To change the number of supervisors on
the board, the board shall notify the county clerk of the county in which the
petition to form the district was filed and the Secretary of State at least six
months prior to the annual meeting at which one or more supervisors will be
added to or removed from the board or within 30 days of taking action under
subsection (1) of this section, whichever is later.
(b) To reduce the number of supervisors
from five to three, the board shall phase in the change, beginning at the next
annual meeting, in a manner that allows each supervisor to serve the full term
to which the supervisor was elected. If the decision is made to reduce the
number of supervisors from five to three at an annual meeting at which only one
supervisor is scheduled to be elected, the election must be canceled and the
supervisor whose term is ending shall continue in office until the following
annual meeting. At the following annual meeting, the terms of two more
supervisors will end, and only one supervisor will be elected. [2003 c.223 §4]
547.115
Supervisors oath of office.
Each supervisor before entering upon official duties shall take and subscribe
to an oath before some officer authorized by law to administer oaths, that the
supervisor will honestly, faithfully and impartially perform the duties
devolving upon the supervisor in office as supervisor of the drainage district
in which the supervisor was elected, and that the supervisor will not neglect
any of the duties imposed upon the supervisor by the Drainage District Act.
547.120
Board of supervisors; officers; secretary; seal; record of proceedings; report. The board of supervisors immediately after
its election shall choose one of its number president of the board, and elect
some suitable person secretary, who may or may not be a member of the board.
The board shall adopt a seal with a suitable design, and shall keep a record of
all its proceedings. The board shall report to the landowners at the annual
meeting held under the provisions of ORS 547.110 what work has been done,
either by the engineers or otherwise. Notwithstanding the provisions of ORS
198.190, if the secretary is a member of the board the secretary shall be
entitled to compensation as provided for in ORS 547.125. [Amended by 1971 c.403
§10; 1973 c.794 §28]
547.125
Secretary as treasurer; duties; audit of books and report to landowners;
compensation. (1) The
secretary of the board of supervisors in any drainage district shall hold the
office of treasurer of the district, except as otherwise provided in this
chapter.
(2) The treasurer shall receipt for all
moneys received by the treasurer and shall keep all funds received by the
treasurer from any source deposited at all times in some insured institution or
trust company, as those terms are defined in ORS 706.008, that is designated by
the board of supervisors. All interest accruing on such funds shall, when paid,
be credited to the district.
(3) The board of supervisors shall audit
or have audited the books of the treasurer each year and make report thereof to
the landowners at the annual meeting and publish a statement within 30 days
thereafter, showing the amount of money received, the amount paid out during
the year, and the amount in the treasury at the beginning and end of the year.
(4) The treasurer shall pay out funds of
the district only on warrants signed by the president of the board and attested
by the signature of the secretary and treasurer.
(5) The secretary shall receive as
compensation for performing the duties of secretary-treasurer such salary as
may be fixed and directed to be paid by resolution of the board. [Amended by
1969 c.345 §14; 1997 c.631 §489]
547.130
Record of meetings, proceedings, certificates, bonds, acts. The board of supervisors of any district
organized under the Drainage District Act shall cause to be kept a well-bound
book, entitled Record of Proceedings of Board of Supervisors of _____
District, in which shall be recorded minutes of all meetings, proceedings,
certificates, bonds given by all employees, and any and all corporate acts,
which record shall at all times be open to the inspection of anyone interested,
whether taxpayer or bondholder.
547.135
Removal of employees. The
board of supervisors may at any time remove any officer, attorney or other
employee appointed or employed by the board.
547.140
Uniform charge to pay expenses of organizing district, surveys, assessing
benefits and damages; collection; surplus funds; refunding in case of
dissolution. (1) The board
of supervisors of any district organized under the provisions of the Drainage
District Act shall, as soon as elected and qualified, impose a uniform charge
of not more than $1 per acre upon the owner of each acre of land within the
district, to be used for the purpose of paying expenses incurred or to be
incurred in organizing the district, making surveys of the same, and assessing
benefits and damages, and to pay other expenses necessary to be incurred before
the board shall be empowered by other provisions of the Drainage District Act,
to provide funds to pay the total cost of works and improvements of the
district. In case the boundary lines of the district are extended so as to
include lands not described and contained in the petition, the same uniform
charge shall be imposed upon the owners of the included lands as soon as the
lands are annexed and included in the district.
(2) The charge shall be due and payable as
soon as imposed and billed, and if not paid within 60 days after the billing
date, the charge shall become delinquent.
(3) In case the sums received from the
charges exceed the total cost of items for which the charges are imposed, the
surplus shall be placed in the general fund of the district and used to pay
cost of construction. Upon dissolution of the district, any amount of surplus
remaining shall be prorated and refunded to the landowners who paid the
charges. [Amended by 1991 c.459 §425c]
547.145 [Repealed by 1969 c.345 §20]
547.150
Payment of claims; warrants; nonpayment; interest-bearing warrants; charge or
levy of tax to pay. All
claims against the district shall be paid by warrants drawn on the district
treasurer and signed by the president and secretary of the board. When any
warrant is not paid when presented to the treasurer because of lack of funds in
the treasury, such fact shall be indorsed on the back of the warrant, and such
warrant shall draw interest thereafter at the rate of six percent per annum
until there is money on hand to pay the amount of the warrant and the interest
then accumulated. No interest shall be allowed on warrants after sufficient
funds are in the treasury to pay the indorsed warrants and interest. The
secretary shall give notice by publication whenever sufficient funds are
available to pay outstanding warrants. The board shall charge or levy each year
a sufficient amount of money to pay the outstanding warrants of the district to
the extent permitted within the constitutional limitation. [Amended by 1991
c.459 §425d]
ENGINEER; PLAN FOR
RECLAMATION; COMMISSIONERS; ASSESSMENT OF BENEFITS
547.205
Appointment of engineer; duties; surveys; report; maps. Within 30 days after organizing, the board
of supervisors shall appoint a competent civil engineer as chief engineer, who
may be an individual, partnership or corporation, and who shall engage such
assistants as the board of supervisors may approve. The chief engineer shall:
(1) Have control of the engineering work
in the district.
(2) Make all necessary surveys of the
lands within the boundary lines of the district, as described in the petition,
and of all lands adjacent thereto that may or will be improved or reclaimed in
part or in whole by any system of drainage or levees that may be outlined and
adopted.
(3) Make a report in writing to the board
of supervisors with maps and profiles of the surveys, which report shall
contain a plan for draining and reclaiming the lands described in the petition
or adjacent thereto from overflow of or damage by water, and which maps and
profiles shall indicate so far as necessary the physical characteristics of the
lands, and location of any public roads, railroads and other rights of way,
roadways and other property or improvements located on such lands.
547.210
Engineers report; adoption by supervisors; report constitutes Plan for
Reclamation; exclusion of lands not benefited; certain irrigated lands deemed
to be benefited. (1) The
chief engineer shall make a report in writing to the board of supervisors whenever
the board requires. Upon receipt of the final report of the engineer concerning
surveys made of the lands contained in the district, and plans for reclaiming
the same, the board shall adopt the report or any modification thereof approved
by the chief engineer. The adopted report shall be the plan for draining and
reclaiming such lands from overflow or damage by water, and shall be known and
designated as the Plan for Reclamation. The plan shall be filed with the
secretary of the board of supervisors and by the secretary copied into the
records of the district.
(2) Any lands included in the district,
which will not be reclaimed or benefited by the construction of the work as
specified in the plan for reclamation, may be excluded from the district by order
of the county court. Any charge billed to an owner of land so excluded shall be
refunded to the person paying the same. However, any irrigated lands
contributing to the wet, swamp or overflowed condition of any lands of the
district, the waste or seepage waters from which lands will be carried by and
disposed of through the works specified in the plan for reclamation, shall be
deemed benefited by the construction of the works as specified in the plan. [Amended
by 1991 c.459 §425e]
547.215
Commissioners; appointment; qualifications; quorum; continuing existence. Upon adoption of the plan for reclamation,
the county judge shall, by order, appoint three commissioners (who shall not be
landowners in the district nor of kin within the fourth degree of consanguinity
to any person owning land in the district), one of whom shall be a civil
engineer and two of whom shall be freeholders residing within the state. A
majority of the commissioners shall constitute a quorum and shall control the
action of the board on all questions. Such commissioners shall constitute a
body which shall continue in office and may be convened at any time by the
county court for the purpose of correcting any errors, omissions or other
mistakes that shall have been discovered in its original report as the same may
have been amended and supplemented from time to time or for any other good
cause shown. The court shall fill any vacancy occurring in such body of
commissioners by appointment of a person who has the qualifications required by
this section of the commissioner the person is to replace. Whenever said body
of commissioners has been reconvened by the court, it shall thereafter make its
report in response to the directions of the court and such report when
completed shall be subject to ORS 547.245, with reference to a hearing thereon
and a confirmation thereof by order or judgment of the court before such
supplemental report shall go into effect. [Amended by 1953 c.434 §2; 2003 c.576
§506]
547.220
Notice of appointment of commissioners; meeting; secretary of board of
supervisors to furnish certain information; oath; officers. The county clerk upon the filing of the
order of appointment shall notify each commissioner of appointment by written
or printed notice, and in the notice the county clerk shall state the time and
place for the first meeting of the commissioners. The secretary of the board of
supervisors shall attend the meeting, and shall furnish the commissioners a
complete list of all lands in the district, and the names of the owners
thereof, as were contained in the petition, at the date of the judgment of the
court incorporating the district. The secretary shall also furnish the
commissioners a copy of the plan for reclamation, with maps and profiles in the
office of the secretary. The commissioners at the meeting, or within 10 days
thereafter, shall each take and subscribe to an oath that they will faithfully
and impartially discharge their duties as commissioners and make a true report
of the work done by them. They shall also at the meeting elect one of their own
number chairperson. The secretary of the board of supervisors shall be ex
officio secretary of the commissioners. [Amended by 2003 c.576 §507]
547.225
Assessment of benefits and damages by commissioners; report; compensation. (1) Within 30 days after qualifying, the
commissioners shall begin their duties. The chief engineer shall accompany them
at all times, and render an opinion in writing when called for.
(2) The commissioners shall proceed to
view the premises and determine the value of all lands within or without the
district to be acquired and used for rights of way, holding basins or other
works set out in the plan for reclamation. They shall assess the amount of
benefits and the amount of damages, if any, that will accrue to each parcel of
land, including irrigated lands, irrigation ditches and canals which contribute
to the swampy, wet or overflowed condition of those lands, or any lands, public
highways, railroads and other rights of way, roadways and other property which
will be affected by the proposed reclamation work.
(3) For the purpose of determining
benefits under the provisions of this section, all irrigated lands having an
available water supply for irrigation that are adjacent to and on a higher
level than other lands within the district and which fall naturally within the
same watershed as the land within the district, shall be deemed contributing to
the wet, swampy or overflowed condition of the lands of the district, and shall
be deemed benefited by the construction of the works as specified in the plan
for reclamation.
(4) The commissioners shall give due
consideration and credit to any other drains, ditches, levees or other systems
of reclamation which already have been constructed and which afford partial or
complete protection to any tract or parcel of land in the new district.
(5) The public highways, railroads and
other rights of way, roadways and other property shall be assessed according to
the increased physical efficiency and decreased maintenance cost thereof by
reason of the protection to be derived from the proposed works and
improvements.
(6) The commissioners shall have no power
to change the plan for reclamation.
(7) The commissioners shall prepare a
report of their findings, which shall be signed by at least a majority of the
commissioners and filed in the office of the county clerk of the county in
which the district is organized. The secretary of the board of supervisors
shall accompany the commissioners while engaged in their duties, and shall
perform all clerical work of the board. The commissioners shall report to the
board of supervisors the number of days each was employed and the actual
expenses incurred. Each commissioner shall be paid $5 per day for services, and
necessary expenses in addition thereto.
547.230
Notice of report of commissioners; publication; form. (1) Upon the filing of the report of the
commissioners, the county clerk shall give notice thereof by publication once a
week for three consecutive weeks in some newspaper published in each county in
the district. It shall not be necessary for the notice to name the parties
interested. The notice shall be in small type, in substantially the following
form:
______________________________________________________________________________
Notice of Filing of Commissioners Report for
_____Drainage District
Notice is given to all persons interested
in the land included within the _____ drainage district, _____ County (or
counties), Oregon, (here describe land or give boundaries of district) that the
commissioners heretofore appointed to assess benefits and damages to the
property and lands situate in the drainage district and to appraise the cash
value of the land necessary to be taken for rights of way, holding basins and
other works of the district within or without its limits, filed their report in
this office on the ___ day of ______, 2___, and you are notified that you may
examine the report and file exceptions to all or any part thereof, on or before
the ___ day of _____, 2___.
____________
______________________________________________________________________________
(2) Where lands in different counties are
contained in the report, the notice shall be published in some newspaper in
each county in which the lands so affected are situated.
547.235
Exceptions to report or assessment; hearing by court; modifications;
transmission of judgment and report to supervisors and county clerks; appeal
from judgment. The drainage
district or any owner of land in the district may file exceptions to the report
or to any assessment of either benefits or damages, within 10 days after the
last day of publication of the notice provided for in ORS 547.230. All
exceptions shall be heard by the court and such amendments and modifications
made to the report of the commissioners as may in the courts judgment be
equitable. When it appears to the satisfaction of the court, after having heard
and determined all the exceptions, that the estimated cost of the improvement
contemplated in the plan for reclamation is less than the benefits to be
derived therefrom, the court shall approve and confirm the commissioners
report, as so amended and modified. The county clerk shall transmit a certified
copy of the judgment and copy of the commissioners report, as confirmed or
amended by the court, to the secretary of the board of supervisors of the
district and to the clerk of each county having lands in the district, or
affected by the report, where the same shall become a permanent record. Each
such county clerk shall receive a fee of $3.75 for receiving, filing and
preserving the same. Any person may appeal from the judgment of the court. [Amended
by 1971 c.621 §39; 1975 c.607 §42; 1979 c.833 §34; 1981 c.835 §16; 2003 c.576 §508]
547.240
Dissolution of district if cost exceeds benefits; obligations and expenses;
additional charges. If after
determining the objections made to the commissioners report, the court finds
that the estimated costs of works and improvements as reported by the
commissioners, or as amended by the court, exceed the estimated benefits, the
court shall then render a judgment, declaring the incorporation of the district
to be dissolved as soon as all costs incurred, which shall include court costs
and all obligations and expenses incurred in behalf of the district by the
board of supervisors, are paid. If the uniform charge made under ORS 547.140 is
found insufficient to pay all the costs, the board of supervisors shall make
such additional uniform charges as will be necessary to pay the deficiency. [Amended
by 1991 c.459 §425f; 2003 c.576 §509]
547.245
Reassessment of benefits. At
any time after the expiration of five years from the confirmation of the report
of the commissioners, as provided by ORS 547.235, and upon the filing of a
petition with the county clerk signed by at least one-tenth of the owners of
the lands within the drainage district or the owners of at least one-tenth of
the lands within such district, setting forth that the original assessments or
benefits are inequitable and unjust, the county court shall appoint three
commissioners, as provided by ORS 547.215, to reassess the benefits in the
district. The commissioners shall report the reassessment to the court. Upon the
filing of the report of the commissioners, the county clerk shall give notice
of hearing thereon by publication once a week for three consecutive weeks in
some newspaper published in each county in the district, the last insertion to
be made at least 15 days prior to the hearing. At least 10 days before the day
set for hearing, exceptions may be filed by any interested person, and upon
hearing the same the court shall approve the report or direct how it shall be
modified and, when so modified or approved, shall confirm it. The assessment as
confirmed shall take the place of all prior assessments; provided, that in no
case shall the total amount of assessments be less than the outstanding
obligations. The county clerk shall transmit a certified copy of the courts
judgment and copy of the commissioners report, as confirmed or amended by the
court, to the secretary of the board of supervisors of the district and to the
county clerk of each county having lands in the district. [Amended by 2003
c.576 §510]
547.250
Changes in plan for reclamation; petition for amendment of plan; notice. The board of supervisors shall have power to
make any change in the plan for reclamation by action of the board until such
time as the commissioners have filed their report. After that all changes shall
be made as follows:
(1) The board of supervisors, for and in
behalf of the district, or the owners of land adjacent to the district, may
file a petition in the office of the clerk of the court which organized the
district, praying the court to amend its former judgment incorporating the
district, by correcting the names of landowners, by striking out any such
names, by adding, striking out or correcting the descriptions of any lands
within or alleged to be within the boundary lines of the district, or in any
other manner.
(2) The petition may ask permission of the
court to amend or change the plan for reclamation or to correct any errors,
omissions or other mistakes that have been discovered in the plan or may ask
that the boundary lines of the district be extended so as to include lands not
described by and included in the petition and judgment of the court
incorporating the district. However, in no case shall any lands be included in
the district other than the lands described in the original petition for the
creation of the district and in the judgment of the court incorporating it,
unless the persons shown by the records of the county to be the owners of not
less than 60 percent of the acreage sought to be brought within the boundary
lines of the district and not described in and included in the original
petition and judgment of the court incorporating such district, shall first
sign and file with the court a petition therefor.
(3) If the petition asks that the lines of
the district be in any manner changed, it shall also ask the court to appoint
three commissioners, as provided for under ORS 547.215, to appraise the land
that shall be taken for rights of way, holding basins, or other works, or
assess the benefits and damages to any lands, public highways, railroad and
other property already in the district, or that may be annexed to the district
by the proposed amendments and changes to the plan for reclamation or the
proposed change in the boundary lines. As soon as the petition is filed the
clerk of the court shall give notice in the manner and for the time provided
for in ORS 547.020, the notice to be substantially in the following form:
______________________________________________________________________________
Notice of Drainage Hearing.
To the owners and all persons interested
in the lands corporate and other property in and adjacent to _____ Drainage
District:
You are notified that (here state by whom
petition was filed) has filed in the office of the county clerk of _____
County, _____, a petition praying the county court for permission to (here
insert the prayer of the petition), and unless you show cause to the contrary
on or before the first day of the next term of the _____ County Court to be
held on the ___ day of _____, 2___, the prayer of the petition may be granted.
____________
______________________________________________________________________________
[Amended by 2003
c.576 §511]
547.255
Objections to petition; findings; judgment; recording. Any owner of land located in the district,
or any owner of land located outside of the district that will be affected by
the proposed changes, amendments, and corrections enumerated in the petition,
may file objections to the granting of the prayer of the petition, on or before
the first day of the term of court at which the petition is to be heard. The
court shall hear the petition and all objections filed against it in a summary
manner and enter a judgment according to its findings. The clerk of the court
shall, within 15 days after the granting of the judgment, transmit a certified
copy of the judgment and of the petition to the secretary of the board of
supervisors, and to the recorder of deeds of each county having land in the
district. Each such recorder shall file and preserve the same in the recorders
office, for which the recorder shall receive a fee of $3.75. [Amended by 1971
c.621 §40; 1975 c.607 §43; 1979 c.833 §35; 1981 c.835 §17; 2003 c.576 §512]
547.260
Appointment of commissioners when plan amended; subsequent proceedings; court
costs. (1) If the judgment
of the court provides that the plan for reclamation may be amended, changed or
corrected or the boundary lines of the district extended, the court shall
appoint three commissioners, possessing the same qualifications as the
commissioners appointed under ORS 547.215, to appraise property to be taken,
assess benefits and damages, and estimate the cost of improvements the same as
is required of commissioners acting under ORS 547.225. The commissioners shall
make their report in writing and file it with the county clerk, after which the
case shall be proceeded with in the same manner as is provided for the
organization of drainage districts.
(2) If the petition is dismissed the district
shall pay the cost; but if the petition is sustained in whole or in part the
objectors shall pay the court costs. [Amended by 2003 c.576 §513]
547.265
Amendment of plan where works or charge insufficient; additional charge. Where the works set out in the plan for
reclamation of any drainage district are found insufficient to reclaim in whole
or in part any or all of the land of the district, the board of supervisors may
formulate new or amended plans containing new ditches, levees or other works,
and additional assessments may be made in conformity with the provisions of ORS
547.225, the same to be made in proportion to the increased benefits accruing
to the lands because of the additional works. If it should be found at any time
that the total of the charges made under ORS 547.455 to 547.485 is insufficient
to pay the cost of works set out in the plan for reclamation or additional work
done under this section, the board of supervisors may impose an additional
charge to provide funds to complete the work, provided the total of all charges
does not exceed the total amount of benefits assessed. [Amended by 1991 c.459 §425g]
WORKS AND
IMPROVEMENTS OF DISTRICT
547.305
Entry on land; acquisition of property; water filings and appropriations;
condemnation of property devoted to public use; right of way across state
lands. (1) The officers and
employees of any drainage district shall have the right to:
(a) Enter upon any land in the manner
provided by ORS 35.220.
(b) Locate the necessary drainage or irrigation
works and the necessary branches for the same, on any lands that may be deemed
best for such location.
(c) Acquire, either by lease, purchase,
condemnation or other legal means, all lands, rights of way, easements and
other property necessary for the construction, operation or maintenance of any
drainage or irrigation works, including the enlargement, improvement or
extension of any natural or artificial waterway for such purposes.
(d) Make all necessary water filings or
appropriation of water under the general laws of
(2) The property, the right to condemn
which is hereby given, shall include property already devoted to public use
that is less necessary than the use for which it is required by the district,
whether used for drainage, irrigation or any other purpose. The right of way is
hereby given, dedicated and set apart to locate, construct and maintain such
drainage or irrigation works over and through any of the lands that are now or
may be the property of this state.
(3) In the acquisition of property or
rights by condemnation, proceedings under the provisions of this section shall
be brought in the name of the district under the provisions of ORS chapter 35. [Amended
by 2003 c.477 §8]
547.310
Board authority regarding reclamation works; contracts; engineers duties. (1) The board of supervisors shall have full
power and authority to:
(a) Build, construct and complete any
works and improvements needed to carry out the plan of reclamation.
(b) In the name of the district, make all
necessary water filings and appropriations of water for the subsequent
irrigation of the lands within the district.
(c) Construct, operate and maintain
irrigation works for the irrigation of the lands within the district.
(d) Hire personnel and purchase machinery,
equipment and supplies.
(2) The board may after advertising for
bids, let a contract for construction of the whole or any part of the drainage
or irrigation works to the lowest responsible bidder, which contract shall be
in writing. The complete plans and specifications for the drainage or
irrigation of the lands shall be attached to and made a part of each contract.
Good and sufficient bond, running in favor of the district, shall be required
of each contractor, conditioned that the contractor will well and truly comply
with all the provisions of the contract and perform all work in accordance with
the terms thereof.
(3) The chief engineer shall be
superintendent of all the works and improvements and shall, whenever required,
and at least once each year, make a full report to the board of all work done
and improvements and make such suggestions and recommendations to the board as
the chief engineer deems proper. [Amended by 1989 c.182 §31]
547.315
Connecting existing improvements; procedure; connection with improvements
outside district. (1) At the
time of the construction in any district of the plan for reclamation, all
ditches or systems of drainage already constructed in the district and all watercourses
shall, if necessary to the drainage of any lands in the district, be connected
with and made a part of the works and improvements of the plan of drainage of
the district. But no ditches, drains or systems of drainage constructed in the
district shall be connected therewith, unless the consent of the board of
supervisors is first obtained. This consent shall be in writing and shall
particularly describe the method, terms and conditions of such connection, and
shall be approved by the chief engineer. The connections, if made, shall be in
strict accord with the method, terms and conditions laid down in the consent.
(2) If the landowners wishing to make such
connection are refused by the board of supervisors or decline to accept the
consent granted, such owners may file a petition for such connection in the
circuit court having jurisdiction in the district, and the matter in dispute
shall in a summary manner be decided by the court, whose decision shall be
final and binding on the district and landowners.
(3) No connection with the works or
improvements of the plan of drainage of the district or with any ditch, drain
or artificial drainage wholly within the district shall be made, caused or
effected by any landowner, company or corporation, municipal or private, by
means of or with any ditch, drain, cut, fill, roadbed, levee, embankment or
artificial drainage wholly without the limits of the district, unless such
connection is consented to by the board of supervisors, or in the manner
hereinbefore provided.
547.320
Powers of districts regarding irrigation works; bonds. Whenever it appears necessary, proper or
beneficial to irrigate any of the lands within any drainage district, whether
or not the drainage works have been actually acquired or constructed, the
district may cause irrigation reservoirs, canals, ditches, and other works to
be constructed, operated and maintained. To this end the district shall in all
respects have the same power and authority as is conferred respecting drainage,
and all powers conferred upon drainage districts by ORS 547.305, 547.310,
547.355 and 547.360 with respect to drainage shall be construed to include
irrigation. However, any bonds issued solely for irrigation purposes shall be
known as Irrigation bonds of _____ drainage district.
547.325
Powers of districts under 1,000 acres regarding domestic water supply. (1) Any drainage district embracing less
than 1,000 acres may:
(a) Within and adjacent to the district,
own, construct, install, contract to use and to receive service from, and buy
and sell, wells, reservoirs, pumps, pipelines and other equipment used to
supply water from wells for domestic purposes and for watering lawns and
gardens.
(b) Buy and sell, deliver, supply and
dispose of water for domestic purposes and for watering lawns and gardens, for
profit, to any person within the limits of such drainage district or adjacent
thereto.
(c) Fix and collect the rates and charges
therefor.
(2) The board of supervisors may act for
such district in exercising the power and authority herein provided.
CONTRACTS WITH
UNITED STATES FOR RECLAMATION
547.355
Contracts with
547.360
Payment of amounts due; assessments on lands; lien thereof; collection. The board of supervisors of any drainage
district shall provide by a resolution, adopted at a regular meeting or at a
special meeting called for that purpose, for the payment of the amounts to
become due under such contract with the United States, according to the
provisions of the contract, by assessment upon the lands which are to be
benefited by the drainage or irrigation. The assessments shall be a lien upon
the lands of the district to the same extent as other assessments under the
drainage laws of this state, and, except as provided in ORS 547.492, shall be
collected by the tax collector of the county within which the lands are situated
the same as other taxes are collected. [Amended by 1991 c.459 §425h]
DISTRICTS WEST OF
CASCADES; CONSTRUCTION AND MAINTENANCE OF DITCHES
547.405
Districts west of Cascades; control of supervisors over improvements. The boards of supervisors of all drainage
districts lying west of the Cascade Mountains, whether or not organized under
the Drainage District Act, shall have supervision and control of all drainage
ditches, laterals, drains, canals, sloughs, waterways or conduits within the
boundaries of their districts and may prescribe the width and grade thereof.
They may construct and maintain ditches, laterals, drains, canals, sloughs,
waterways or conduits within the boundaries of their districts.
547.410
Maintaining improvements; notice to owner or occupant of premises. (1) Whenever the engineer or secretary of
such a drainage district notifies the supervisors that any ditch, lateral,
drain, canal, slough, waterway or conduit is less efficient, by reason of the
failure of the owner of the premises upon which it is situated to repair, clean
or grade the same, the board of supervisors shall serve or cause to be served
upon such owner, if the owner is known and residing within the county in which
the district is situate, or if not a resident of the county, then upon the
occupant of the premises, a notice in writing notifying the owner or occupant
of the clogged or obstructed condition of the ditch, lateral, drain, canal,
slough, waterway or conduit.
(2) The notice shall be served by
delivering to the owner, occupant or person in charge of the premises a copy
thereof certified to be such by the person serving it, or if there is no
occupant or the owner is not a resident of the county, then the notice shall be
served by posting a copy of it in a conspicuous place upon the premises.
Immediately after serving or posting the notice, the person serving it, by
authority of the board of supervisors, shall file the original notice with the
county clerk of the county in which service is made, together with a return on
the notice stating the time and manner of making service. The notice and
return, when so filed, shall be retained as a public record of the county.
547.415
Failure of owner or occupant to act; maintenance by supervisors. If the owner or occupant of the premises
upon which the clogged or obstructed ditch, lateral, drain, canal, slough,
waterway or conduit is situated fails for 10 days after being notified of the
existence of such clogged or obstructed condition, to repair, clean or grade
the ditch, lateral, drain, canal, slough, waterway or conduit or remove the
obstruction therefrom, the board of supervisors shall immediately repair, clean
or grade the same and cause it to be promptly placed in a proper and efficient
condition.
547.420
Liability for cost of work; notice of claim of lien; foreclosure; sale of land. (1) Upon completion of the work the board of
supervisors shall bill the owner or occupant of the premises for the expense
necessarily incurred in the repair, grading or cleaning of the canal, ditch,
lateral, drain, slough, waterway or conduit.
(2) If any charge remains unpaid beyond
the due date thereof, the secretary of the district may file a notice of claim
of lien with the county clerk of the county in which the lands for which the
charges were billed are situated. The notice of lien shall be in writing and
must contain:
(a) The name of the landowner or occupier
who was billed.
(b) A statement of the amount claimed past
due.
(c) A description of the land upon which
the work was completed sufficient for identification.
(3) The county clerk shall cause the
notice of lien to be recorded in the County Clerk Lien Record maintained under
ORS 205.125. The amount of the charges and expense, as of the date the notice
of lien is filed, shall constitute a first lien upon the lands or premises,
except as to taxes. If the charges and expenses are not paid and the lien
discharged by the owner or occupant within 30 days from the date the notice is
filed, suit or action may be brought in the name of the drainage district for
the foreclosure of the lien. The suit or action shall be brought by the
district attorney, or, at the option of the board, by an attorney employed by
the board. The lands affected thereby shall be sold under execution for the payment
and satisfaction of the lien and of the costs and disbursements incurred in
connection with the prosecution of the suit or action. [Amended by 1991 c.459 §425i]
547.425
Prohibited practices. No
person shall:
(1) Throw, dump or place or allow to be thrown,
dumped or placed, any rubbish, refuse or any article or thing in any ditch,
lateral, canal, slough, waterway or conduit used as a part of or in connection
with any drainage works or drainage plant or drainage system or any waterway
under the control of any drainage district lying west of the Cascade Mountains;
or
(2) Befoul or pollute or allow to be
befouled or polluted any such ditch, lateral, canal, slough, waterway or
conduit; or
(3) In any manner obstruct or permit to be
obstructed by stock any such waterway, canal, ditch, lateral, slough or
conduit.
547.430
Civil liability for expense of removal of filth or obstruction; recovery by
action. Any person who
throws, dumps or places or allows to be thrown, dumped or placed, any rubbish,
refuse, or any article or thing in any such ditch, lateral, canal, slough,
waterway or conduit shall, in addition to the penalty provided in ORS 547.990,
also be liable to the owner of the ditch, lateral, canal, slough, waterway or
conduit, or other person or district having control, charge or supervision of
the same, for all expense legitimately occasioned or incurred by such person or
district in the removal of any such rubbish, refuse or other article or thing
or the prevention of such befoulment or pollution, and for all damage that may
be done or occasioned to the ditch, lateral, canal, slough, waterway or conduit
by reason of such dumping, throwing or placing of the rubbish, refuse or
article or thing, or the befoulment or pollution. The sum may be recovered in a
civil action brought in the name of the person or district having control of or
using the ditch, lateral, canal, slough, waterway or conduit that was injured,
damaged, befouled, polluted or obstructed.
ASSESSMENTS,
CHARGES AND TAXES
547.455
Annual charge or assessment; computation; apportionment; liability of state
lands; payment of assessments by bonds, coupons or warrants. (1) The board of supervisors shall each year
make a computation of the whole amount of money to be raised by the district
through charges or assessments for the ensuing year for any purposes whatsoever
in carrying out the provisions of the Drainage District Act, including
maintenance and operation and estimated delinquencies on charges or
assessments. This amount when determined by the board shall constitute an
assessment upon all the land included in the district and shall be apportioned
by the board in accordance with the report of the commissioners as confirmed or
amended by the court as provided for in ORS 547.235.
(2) Any land owned by any person totaling
less than one acre shall be charged or assessed as one acre.
(3) Any land, the title to which is vested
in the state, or state lands sold under contract in any drainage district,
shall be subject to charge or taxation by the district, and the full amount of
the charge or assessment due against such lands shall be paid to the district
at the same times and in the same manner as other drainage district charges and
assessments are paid.
(4) The tax collector shall receive any
past due bond of the drainage district or any past due interest coupon from any
bond of the district in payment of any charge or assessment made for the
purpose of paying bonds or bond interest of the district, and shall receive in
payment of charges or assessments levied for operation and maintenance purposes
any warrants drawn upon the operation and maintenance fund, such warrants
received in payment of charges and assessments to be in order of issuance. [Amended
by 1953 c.446 §3; 1991 c.459 §425j]
547.460
County, city and town lands subject to taxation, assessment or charges. Any land situated within a drainage
district, the title to which is vested in any county, city or town, shall be
subject to taxation, assessment or charge by the district. The full amount of
taxes or assessments due against the land or the full amount of charges imposed
upon the county, city or town shall be paid to the district at the same times
and in the same manner as other drainage district taxes, assessments or
charges. [Amended by 1991 c.459 §425k]
547.465
Assessment or charge of low lands used for growing crops. Whenever lands located in a drainage
district which, because of their low elevation, were not assessed benefits in
accordance with ORS 547.225, are used for growing crops, the board of
supervisors may levy an annual assessment against the lands or may impose a
charge upon the owners of the lands for maintenance and operation. The
assessment or charge shall not exceed 100 percent of the rate levied against
assessed lands in the district, or imposed upon owners of land in the district,
having the lowest elevation. The charges or assessments shall be collected in
the same manner as other charges or assessments for maintenance and operation
in drainage districts are collected. [Amended by 1991 c.459 §425L]
547.470
Extra assessment or charge for lake drainage. When, in the judgment of the board of supervisors of any drainage
district, it is deemed necessary or expedient to drain any lake, which entails
extra or additional work in excess of that required in the drainage of lands of
higher elevation and where the cost of maintenance and pumping to maintain
drainage of such lake will be in excess of that necessary for the reclamation
and maintenance of lands within the district other than such lake, an extra
assessment or charge for such additional work or a higher rate for such pumping
and maintenance may be charged and made against the lands, or owners or
occupants of the lands, covered by such lake, to the extent of the respective
additional benefits to such lands over lands of a higher elevation in the
district and benefited thereby. [Amended by 1991 c.459 §425m]
547.475
List of assessments and apportionments. The board of supervisors shall prepare a list or record of assessments
and apportionments, giving the description of the ownership or holdings of each
person therein assessed, which shall be certified by the board in the manner
provided in ORS 310.060 not later than June 15 of each year to the county
assessor of each county in which lands of the district are situated. The county
assessor shall enter the assessment upon the county assessors roll against the
property therein described, in the same manner as other municipal taxes are
entered by the county assessor. [Amended by 1963 c.168 §1; 1991 c.459 §425n]
547.480
Collection of tax; disposition.
The collection of the tax shall be coincident with collection of the state and
county tax, and shall be governed by the laws relating thereto, except that the
tax collector shall collect and account for the tax for operation and
maintenance separate from the taxes levied by the district for other purposes.
When paid to the county treasurer all taxes or assessments levied and collected
for operation and maintenance shall be carried in a fund to be known as the
operation and maintenance fund. All warrants issued in payment for operation
and maintenance, as provided in ORS 547.150, shall be drawn against and paid
out of this fund. The county treasurer shall make returns to the secretary of
the board of supervisors, and shall pay over and account for all moneys
collected thereon quarterly to the treasurer of the district. [Amended by 1973
c.305 §19]
547.482
Filing boundary change with county assessor and Department of Revenue. For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225. [2001 c.138 §42]
Note: 547.482 was added to and made a part of ORS
chapter 547 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
547.485
Governing body of county to make assessment and levy upon failure of
supervisors to do so. In
case of neglect or refusal of the board of supervisors to cause such assessment
and levy to be made, the assessment and levy shall be made by the governing
body of the county in which the office of the board of supervisors is situated,
sitting for the transaction of county business, in the same manner that the
court or board levies county taxes. The levy and assessment shall contain the
apportionments and description of ownership holdings of each person assessed in
the same manner as provided in ORS 547.475 and shall be certified to the
assessor not later than July 15 in the manner provided in ORS 310.060. All
expenses incident thereto shall be borne by the district. The levy and
assessment shall be entered on the county tax roll by the county assessor in
the manner provided in ORS 547.475. [Amended by 1963 c.168 §2; 1991 c.459 §425o]
547.490
Waiver of penalty or interest by certain districts. All drainage districts containing not more
than 2,000 acres, organized under the provisions of the Drainage District Act,
may waive payment of penalty or interest, or both, on district assessments.
County tax collecting officers are authorized to collect and receipt for
assessments levied by any such drainage district, waiving payment of penalty or
interest, or both, when presented with a certified copy of resolution or other
action of the drainage district waiving such payment.
547.492
Alternative charge or assessment method. (1) The board of supervisors of a drainage district may provide by
resolution for the imposition, billing and collection of charges or assessments
of the district in the manner provided under ORS 545.482, 545.484, and 545.494
to 545.508 for irrigation districts. The method of collecting district charges
or assessments authorized by this section shall be in lieu of the method
provided for under ORS 547.455 to 547.490.
(2) A resolution adopted under this
section may apply to charges or assessments for operation and maintenance,
repairs, bond or interest payments, payments due or to become due to the
(3) Where, in ORS 545.482, 545.484 and
545.494 to 545.508, the board or an officer of an irrigation district is
referred to, the corresponding board or officer of a drainage district shall
perform the required actions. [1985 c.803 §2; 1991 c.459 §425p]
547.495
Crops bound by lien; exceptions. All drainage districts organized pursuant to the provisions of the
Drainage District Act shall have a lien on all crops grown on lands within such
districts for that portion of the annual charges or assessments, levied against
the lands on which the crops are grown, or imposed upon the owners or occupants
of the land, that are for maintenance and operation of such districts. This lien
shall be prior to every other lien, mortgage or encumbrance on the crop, except
labor liens now granted by the laws of Oregon and crop mortgages given by
landowners in the district to federal or state loaning agencies set up by the
federal government or the state to secure loans, the proceeds of which are used
in the production of crops of such landowners, provided such loaning agencies
certify to the districts that such loans cannot otherwise be made to the
landowners. The lien shall be in addition to any other lien securing the
payment of maintenance and operation charges or assessments, and shall be a
continuing one and shall bind the crops after, as well as before, they have
been gathered; provided, that the share of any tenant who has leased such lands
on a share rent basis shall be exempt from the lien to the extent of
three-fourths of the entire crop. [Amended by 1991 c.459 §425q]
547.500
Notice or claim of crop lien; filing; contents. The board of supervisors of every drainage
district which may elect to claim the benefits of ORS 547.495 to 547.515 shall
file with the county clerk of the county in which the land is located, any time
before the removal of the crop upon which a lien is desired, a statement
verified by the oath of the secretary of the board or some person having
knowledge of the facts, setting forth the amount of that portion of the annual
charges or assessments for maintenance and operation levied against the land,
or imposed upon the owners or occupants of the land, on which the crop is grown
and for which a lien is desired, with a description of the land sufficient for
identification, the name of the owner of the crop, or reputed owner if known,
and the name of the owner of the land on which the crop is grown. [Amended by
1991 c.459 §425r]
547.505
Recording of crop lien claim by clerk; indexing. The county clerk shall record the claim in a
book kept for that purpose. The record shall be indexed as the record of
chattel mortgages is kept and indexed.
547.510
Form of crop lien claim; foreclosure. (1) A claim for lien substantially in the following form shall be
sufficient:
______________________________________________________________________________
NOTICE OF LIEN UPON CROPS
Notice is given that _____, a drainage
district organized under and pursuant to the provisions of ORS chapter 547,
claims a lien upon that certain crop of _____ growing on the following
described lands located in the drainage district in _____ County, Oregon: _____,
for that portion of the annual charges or assessments levied by the above-named
drainage district against lands, or owners or occupants of the lands, on which
the crop is growing, for maintenance and operation of the district, in the sum
of $___; that the name of the owner or reputed owner of the crop is _____; that
the owner of the land on which the crop is growing is _____; that no part of
the charge or assessment for which a lien herein is claimed has been paid,
except $___; and that there now is due and remaining unpaid thereon, after
deducting all just credits and offsets, the sum of $___.
____________, Claimant.
State of
) ss.
County )
of ______ )
I, ____________, being first duly sworn,
on oath say that I am _____ of the drainage district named in the foregoing
claim, that I have personal knowledge of the facts therein set out; that I know
the contents thereof, and believe the same to be true.
____________
Subscribed and sworn to before me this ___
day of _____, 2___.
____________
Notary Public for
(Seal) My commission expires________.
______________________________________________________________________________
(2) The lien so created may be foreclosed
in the manner provided in ORS 79.0601 to 79.0628. [Amended by 1961 c.726 §418;
1991 c.459 §425s; 2001 c.445 §176]
547.515
Removal of crops to another county; recording of notice in latter county;
rights of purchasers and mortgagees. When such crops are removed from the county in which the notice of
lien is recorded, the lien shall be suspended as to subsequent purchasers and
mortgagees thereof in good faith and for a valuable consideration, from and
after 30 days from the time of such removal, unless within 30 days from the
time of such removal the notice of lien is recorded in the county to which the
property is removed. The lien shall remain suspended until the notice of lien
is recorded in the county to which the crop is removed; but shall be a lien
upon the crop while it is in any county in which the notice of the lien is
recorded.
547.520 [Repealed by 1989 c.182 §49]
BONDS OF DISTRICT
547.555
Bonds; issuance; interest; place of payment; maturities. (1) The board of supervisors may, if in its
judgment it seems best, and subject to the approval of the electors of the
district, issue bonds of the district for any purpose necessary or convenient
to carry out the provisions of the Drainage District Act, including refunding
of outstanding bonds, in denominations of not less than $100, bearing interest
from date at a rate determined by the board, payable semiannually, to mature at
annual intervals within 40 years, commencing after a period of years not later
than five years, to be determined by the board of supervisors, both principal
and interest being payable at some convenient insured institution or trust
company, as those terms are defined in ORS 706.008, that is named in the bonds.
Principal and interest, including principal, interest and premium payments made
to redeem bonds under ORS 547.580, may be payable at the office of the
treasurer of the district.
(2) The bonds shall be signed by the
president of the board, attested with the seal of the district and by the
signature of the secretary of the board. They may be issued so as to mature
serially in annual amounts so as to be approximately equal, principal and interest,
and may be issued so as to include a sum sufficient to pay the first four years
interest, or less, to accrue on the bonds. [Amended by 1969 c.694 §36; 1977
c.188 §8; 1983 c.740 §215; 1991 c.459 §425t; 1997 c.631 §490; 2001 c.215 §20]
547.560
547.565
Payment of bonds from assessments. The bonds and the interest thereon and all obligations for the payment
of money authorized and incurred by such district shall be general obligations
of the district and shall be paid by the revenue derived from the annual
assessments upon the real property within the district. All the real property
within the district shall be liable to be assessed for such payments under and
subject to the provisions of ORS 547.455 to 547.485. [Amended by 1993 c.97 §18]
547.570
Bond proceeds; depository.
(1) The treasurer shall account for and pay over as required by law and as
ordered by the board, any money received by the treasurer on the sale of the
bonds.
(2) If the board deems it more expedient,
the board may, by resolution, select some suitable bank or other depository as
temporary treasurer to receive the money derived from the sale of bonds, and to
hold and disburse the moneys on the orders of the board as the work progresses,
until the fund is exhausted or transferred to the treasurer by order of the
board of supervisors. [Amended by 1969 c.345 §15]
547.575
Bond fund account; general fund. The treasurer shall keep a bond fund account into which shall be
covered all moneys arising from the sale of refunding bonds and sufficient
money arising from assessment and levy to meet the next installment of
principal and interest upon the bonds of the district. From the fund the
treasurer shall pay the principal and interest on bonds as they mature and the
bonds and interest coupons are presented. Moneys received from the sale of
bonds other than refunding bonds, and otherwise for the construction and
acquisition of works and all other moneys whatsoever shall be covered into a
general fund from which shall be defrayed all obligations of the district other
than those in this section above described.
547.580
Retirement of bonds before maturity; call provisions. (1) After five years from the issuance of
bonds, the board may direct the district treasurer to redeem so much of the
bonds not yet due as surplus funds permit at the lowest value at which they may
be offered for liquidation, or call bonds at a premium of three percent. Notwithstanding
anything contained in ORS 547.555 to 547.580, the board may call for payment
and retire before maturity any bonds issued in accordance with ORS 547.555 to
547.580.
(2) Notice of intention to call bonds for
payment before maturity shall be given by the district board by publication in
a newspaper published and regularly circulated in the counties in which the
district lands lie, at least once a week for four successive weeks, beginning
not less than 90 days prior to an interest-paying period. The notice shall
state the number and amount of the bonds to be retired, the price to be paid,
and the date and place where the same are to be paid.
(3) Bonds shall be retired in numerical
order, and not otherwise. No bonds shall be retired under this section except
on a day when interest is payable by the terms of the bonds and on and after
the date named in the published notice. Interest on bonds described therein
shall cease after the date named in the published notice. [Amended by 1969
c.694 §39; 2001 c.215 §21]
FUNDING AND
REFUNDING OF DEBT UNDER 1909 ACT
547.605
Funding and refunding of debt; bonds; place of payment. The board of trustees of any drainage or
levee district having an outstanding indebtedness of not less than $3 per acre
for each acre of land included in the district, evidenced by bonds or warrants
of the district, may, if the board considers it for the best interests of the
district, fund or refund the same or any part thereof and issue bonds of the
district therefor in sums of not less than $100 nor more than $1,000, each
having not more than 20 years to run, and bearing a rate of interest determined
by the board of trustees, payable semiannually. Both principal and interest may
be made payable at a place named by the board. The bonds shall be negotiable in
a form to be selected by the board of trustees, numbered consecutively, signed
by the president of the board and countersigned by the clerk of the county in
which payable, who shall thereto affix the official seal. Interest coupons shall
be attached to each bond. The bonds shall then be delivered to the treasurer of
the district, who shall stand charged upon the official bond for all bonds
delivered to the treasurer and the proceeds thereof. [Amended by 1969 c.694 §40;
1977 c.188 §9; 1981 c.94 §46; 2001 c.215 §22]
547.610
(2) The district treasurer shall keep a
record of all bonds issued, sold or exchanged under subsection (1) of this
section by number, date of issuance, date of sale, amount, date of maturity,
rate of interest, the name and post-office address of the purchaser, and if
exchanged, what evidence of indebtedness was received therefor. This record
shall be open at all times for public inspection. [Amended by 1969 c.694 §41;
2001 c.215 §23]
547.615
Tax for payment of interest and principal; sinking fund. The board of trustees shall cause to be
assessed and levied each year upon the assessable property of the district, in
addition to the levy authorized for other purposes, a sufficient sum to pay the
interest on outstanding bonds issued in conformity with the provisions of ORS
547.605 to 547.620, accruing before the next annual levy, and such proportion
of the principal as in their judgment will be for the best interests of the
district, to create and raise a sinking fund to retire the bonds and to be used
for no other purpose whatever. [Amended by 1969 c.694 §42; 2001 c.215 §24]
547.620
Retirement of outstanding bonds; notice to bondholders to submit propositions; premium;
calling of bonds. (1)
Whenever there is in the sinking fund a surplus of $500 or more, over and above
the interest maturing before the next levy, the district treasurer shall give
notice for two weeks in one or more newspapers of general circulation printed
and published in the county in which the district was first organized. The
notice shall state the amount of such surplus and that on the day and hour
named in the notice, sealed propositions will be received at the office of the
district treasurer for surrender of bonds of the district.
(2) The district treasurer shall, at the
time and place named, open the propositions and accept the lowest bid. However,
no bid shall be accepted for an amount exceeding the par value of the bonds
with accrued interest thereon and seven percent premium. If bids are not
offered at that figure, or less, sufficient to exhaust the amount of surplus on
hand, the board of trustees may then call in any bonds of the district, giving
the numbers thereof in the exact order of their issuance beginning with the
lowest or first number, and redeem the same at par value and five percent
premium with accrued interest to date of such recall. Thereafter interest
thereon ceases and the amount due shall be set aside for payment of the bonds
whenever presented. [Amended by 1969 c.694 §43; 2001 c.215 §25]
ALTERNATIVE METHOD
OF REFUNDING INDEBTEDNESS OR ISSUING BONDS
547.655
Authority to adopt alternative procedure. Any drainage district desiring to refund its outstanding indebtedness
or issue bonds for any purposes may, in lieu of the procedure otherwise
provided by law, elect to adopt the procedure provided by ORS 547.660 to 547.695.
547.660
Exchange of refunding bonds for outstanding indebtedness. The board of supervisors of any drainage
district desiring to issue refunding bonds to replace or in satisfaction or
discharge of any outstanding indebtedness may exchange such refunding bonds for
the outstanding indebtedness in full compromise, satisfaction and discharge
thereof, and shall issue the bonds in such denominations and in such amounts to
the several holders of the indebtedness as may be found expedient and necessary
in funding or refunding the indebtedness. The bonds may be serial, on the level
payment plan or each of the bonds may be amortized, as the board of supervisors
may by resolution determine. When the bonds so issued do not exceed in
principal and rate of interest the indebtedness to be satisfied and for which
the bonds are to be exchanged, it shall not be necessary for the board of
supervisors to advertise their sale or to offer them at public sale.
547.665
Numbering; maturities; negotiability; interest; place of payment;
denominations; execution; registration; authority to retire bonds. (1) The bonds shall be numbered
consecutively, beginning with number 1 and following in numerical order. They
shall mature in the manner provided by ORS 547.660, in annual amounts of
principal and interest approximately equal, in not less than five nor more than
40 years from the date of issue, as the board of supervisors may determine.
They shall be negotiable in form. The bonds shall bear interest at a rate
determined by the board, payable annually or semiannually on dates determined
by the board. Payment of principal and interest shall be at the place
designated in the bonds and coupons. The bonds, except as otherwise provided in
ORS 547.655 to 547.695, shall be each of the denomination of not less than $100
nor more than $1,000, shall be signed by the president and secretary, and the
seal of the board of supervisors shall be affixed thereto.
(2) Each bond shall bear on its back the
registration certificate of the treasurer of the district. Coupons for interest
or for interest and principal, as the case may be, shall be attached to each
bond and shall bear the facsimile signature of the secretary of the district.
The district treasurer shall register the bonds in a book kept in the office of
the treasurer for that purpose, in which shall be stated the number, date of
issue and of sale, amount of the bond, time and place of payment, rate of
interest, number of coupons attached, and any other description proper for
future identification of each bond. However, the board of supervisors may call
for payment and retire before maturity any bonds issued in accordance with ORS
547.655 to 547.695, on payment of the principal remaining unpaid at the date of
call, together with earned interest to and including the date of the call for
payment.
(3) The board of supervisors may stipulate
that during the first period of the bond term, not exceeding five years, there
shall be no payment of principal or interest. [Amended by 1969 c.694 §44; 1981
c.94 §47; 2001 c.215 §26]
547.670
Offer by holders of indebtedness to surrender evidences thereof or accept
proportional payment; sale of bonds; notice; publication. (1) Before authorizing the issuance of such
bonds, the board of supervisors shall require that the known holders, or their
representatives, of all evidences of indebtedness to be refunded, shall submit
to the board for its acceptance an offer to deliver and surrender all such
evidences of indebtedness in exchange for bonds not exceeding the amount of the
claim or debt owned by such creditor, or in lieu thereof, to accept in full
payment of all such outstanding indebtedness so held by any such creditor a sum
of money representing the proportion which the proposed refunding bond issue
shall bear to the total outstanding indebtedness proposed to be refunded,
compromised, satisfied and discharged, based on the par value of such proposed
refunding bonds; the creditors and owners of the indebtedness to agree to
absorb the loss between the amount of the outstanding indebtedness to be
refunded and the amount of the refunding bonds at par and to receive such
refunding bonds in full payment, satisfaction and discharge of the outstanding
indebtedness.
(2) The offer shall be in writing and
shall, upon being submitted to the board, be irrevocable until such time as the
board, under ORS 547.655 to 547.695, has a reasonable opportunity to issue,
sell and deliver such refunding bonds to replace and discharge the outstanding
indebtedness on acceptance of the offer; provided, that the offer shall not be
revoked while any suit, action or proceeding involving the issuance, sale or
delivery of such refunding bonds is in process of determination nor until a
reasonable time after the final determination of such suit, action or
proceeding.
(3) When authorized by a majority vote of
the electors of the district, the exchange may be made on a basis of less than
par for the refunding bonds, in which event the board of supervisors shall, in
its resolution declaring its intention to sell the refunding bonds, also
require the secretary of the board to give notice of the proposed sale by
publication thereof for four consecutive weeks in three newspapers within the
state, one of which shall be in the county in which the district is situated.
547.675
Lien on land assessed for bond payment. (1) Upon delivery of the bonds, the secretary of the district shall
furnish to the county clerk of each county in which lands of the district are
situated:
(a) A certified copy of the resolution of
the board authorizing the bonds, of the resolution of the board fixing the
annual per acre payments to be made in payment of the principal and interest of
the bonds, and of the district treasurers registration record;
(b) A certified statement of the lands
within the district liable under the bonds, described in subdivisions of 40
acres except where the individual ownership thereof requires a description in
lesser subdivisions or by metes and bounds or by calls; and
(c) A certified statement of the total
amount of refunding bonds charged against each parcel of land, the amount of
the annual payment thereof, the date of payment and the rate of interest.
(2) The county clerk shall record such
information in a book to be provided by the county clerk for that purpose,
which shall then be a bond lien docket of the drainage district for the lands
of the district within the county and shall constitute the total of such
charges or assessments and the maximum of the lien against the lands by reason
of the bonds. This sum shall not be increased or enlarged by any subsequent
assessment because of any delinquencies in payment of the bond lien and
interest charge against any other tract or parcel of land in the district.
Unpaid annual assessments or charges docketed therein shall bear interest at
the rate of six percent per annum. All unpaid annual payments, principal and
interest, shall remain a lien on the tract or parcel of land in favor of the
district and shall have priority over all other liens and encumbrances except
the lien of state, county and municipal taxes.
(3) Any time after issuance of the bonds,
the owner of any tract or parcel of land may relieve the tract or parcel of the
lien by paying to the county clerk, for the benefit of the district, the amount
of the principal and interest remaining unpaid thereon. The clerk shall
thereupon pay the money over to the district treasurer to be credited to the
districts bond fund. The clerk shall note on the bond lien record the fact of
such payment and of the satisfaction and discharge of the lien. Upon such
payment of the lien on any tract or parcel of land, the tract or parcel shall
forever thereafter be relieved from taxation or assessment for the payment of
the bonds or of any bonds issued to refund the bonds, except for such
assessment or charge as may be levied by the board of supervisors to create an
emergency fund, as provided in ORS 547.680.
(4) The collector of the districts
assessment and taxes shall receive any past due bond of the district or any past
due coupon on any bond of the district in payment of any of the charges and
payments referred to in this section.
(5) The lien of the annual payments or
charges shall be foreclosed as other drainage district liens are foreclosed. [Amended
by 1969 c.694 §45; 2001 c.215 §27]
547.680
Emergency fund; assessments for; use of. (1) In addition to the annual payments for retirement of the bonds,
the board of supervisors shall, during the first five years after the issuance
of the refunding bonds, levy an annual assessment of 20 cents per acre upon
each acre within the district. Thereafter, whenever there is any default in
payment of any assessment levied by the district or in any of the annual
payments referred to in ORS 547.675, the board shall levy an assessment of not
to exceed 20 cents per acre, which shall be the same upon each acre within the
district and shall be levied and collected at the time and in the manner
provided by ORS 547.455 to 547.485.
(2) All moneys received from such
assessments shall be placed by the treasurer of the district in a special fund
designated Emergency Fund. The emergency fund shall be used only to the
extent of not to exceed 10 cents per acre per annum, for supplementing the bond
fund in case of deficiency due to accident, delinquency or other contingencies.
The emergency fund shall be disbursed by the treasurer upon order of the board
of supervisors. [Amended by 1997 c.170 §53]
547.685
Retirement of bonds before maturity; notice of call; date of payment; cessation
of interest. Notice of the
call of bonds before maturity shall be given in the manner provided for
retirement of irrigation district bonds before maturity. No bond issued under
ORS 547.655 to 547.695 shall be called for payment before maturity except upon
the day for payment of interest, or interest and principal, on the bond and on
or after the day specified in the notice of call. All interest on bonds
described in the notice shall cease after the day of the call, provided that on
that date there are sufficient funds in the bond fund of the district to pay
the call bonds.
547.690
Judicial confirmation. Bonds
authorized and issued under ORS 547.655 to 547.685 may be confirmed by a court
of competent jurisdiction in the manner provided by ORS 548.105 to 548.115.
547.695
547.697
Bond fund separate from district general fund; deposits to bond fund and
district general fund; expenditures from bond fund and district general fund. (1) The district treasurer shall deposit all
money arising from the sale of refunding bonds, and sufficient money arising
from assessment and levy to meet the next installment of principal and interest
on the bonds of the district, in a bond fund separate from its general fund.
From the bond fund the treasurer shall pay the principal on bonds as they
mature and the interest when the coupons are presented.
(2) Except as otherwise provided by
subsection (1) of this section, all money received by the district, including
money from the sale of bonds other than refunding bonds and for the
construction and acquisition of works, shall be credited to a general fund. The
district treasurer shall use the general fund to pay all obligations of the
district other than those described by subsection (1) of this section. [1969
c.694 §38; 2001 c.215 §28]
WITHDRAWAL
547.755
Part of district annexed to city to be withdrawn from district only by consent
of voters. No part of a
drainage district annexed to a city shall be withdrawn from the district,
except upon the consent of the voters of that part of the district. The votes
shall be counted in the same manner as in elections for officers of the
district. If three-fourths of those voting in that part of the district favor
withdrawal from the district the withdrawal is effective, subject to ORS
222.520 (2), ORS 222.528 and 222.560 relating to division of assets and
liabilities upon withdrawal from sanitary districts. [Amended by 1963 c.419 §1]
547.760 [Amended by 1955 c.359 §1; repealed by 1973
c.415 §14]
PENALTIES
547.990
Penalties. Violation of ORS
547.425 is punishable, upon conviction, by a fine of not less than $25 nor more
than $500, or by imprisonment in the county jail for not more than 100 days, or
both.
_______________
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