2007 Oregon Code - Chapter 548 :: Chapter 548 - Provisions Applicable Both to Drainage Districts and to Irrigation Districts
Chapter 548
Provisions Applicable Both to Drainage Districts
and to
Irrigation Districts
2007 EDITION
DRAINAGE AND IRRIGATION DISTRICTS
WATER LAWS
ORGANIZATION;
548.005 Organization
of irrigation, drainage or flood control district by owners of lands subject to
assessment by district improvement company or improvement district; assumption
of obligations
548.010
548.015 Board
of directors to transfer unnecessary funds
INSURANCE FOR EMPLOYEES
548.050 Insurance
for district employees
DETERMINING LEGALITY OF ORGANIZATION AND
PROCEEDINGS
548.105 Authority
of boards to maintain proceedings for judicial determination as to organization
of district and other matters; scope of inquiry
548.110 Nature
of proceedings; notice; contest; judgment; appeal; nonprejudicial errors; costs
548.115 Electors
right to maintain proceedings; procedure; exclusiveness of remedy
548.120 Validation
of judgments entered in proceedings by directors
GOVERNMENT LOANS TO IRRIGATION AND DRAINAGE
DISTRICTS
548.300 Contracts
for state loans; purposes for which authorized; amount of loan
548.305 Contracts
for federal loans; purposes for which authorized; amount of loan
548.310 Validation
of prior contracts and bonds
548.315 Issuance
of bonds; funds for payment; charges or assessments; release of land from lien;
relief from payment of assessments
548.320 Lien
on lands; lien docket; priority; sale of land for taxes not to extinguish lien
548.325 Charges
or assessments; emergency fund
548.330 Bonds
for refunding indebtedness; validity not affected by irregularities of refunded
obligations
548.335 Consent
of holders of outstanding indebtedness; initiation of proceedings to obtain
constructive consent; petition
548.340 Contents
of petition
548.345 Notice;
failure of holder to object constitutes consent
548.350 Hearing;
judgment; county treasurer as trustee
548.355 Nature
of proceedings; appeal; nonprejudicial errors; costs
548.360 Moneys
and securities; custody
548.365 Depositary
for bonds, warrants; authority of State Treasurer
548.370 Cancellation
or compromise of assessments by districts refunding indebtedness through
federal agencies
SECURITIES AND MONEYS DEPOSITED WITH
548.400 Deposit
of bonds, warrants and other evidence of indebtedness of irrigation and
drainage districts being reorganized
548.405 Loss
of certificates or receipts issued by county treasurer for securities;
surrender of securities by county treasurer
548.410 Surrender
of securities to claimant to whom certificate or receipt has not been issued or
assigned
548.415 Surety
bond; amount; conditions
RELEVY OF ERRONEOUS OR VOID ASSESSMENTS
548.505 Relevy
and reassessment; manner and time
548.510 Judgment
declaring assessments void; reassessment and relevy of similar assessments;
time; crediting payments under void assessment
548.515 Manner
of relevy and reassessment; officers authorized
548.520 Cancellation
or compromise
COMPOSITION; BANKRUPTCY; REFUNDING AGREEMENTS
548.705 Irrigation
or drainage district may file bankruptcy petition; confirmation of proceedings;
composition of debts
548.710 Bonds
of district; use and delivery to creditors
548.715 Debt
refunding agreements; obtaining consent of unknown or nonconsenting creditors
REORGANIZATION AND DISSOLUTION
548.900 Definitions
for ORS 548.900 to 548.955
548.905 Petition
for dissolution or reorganization; contents; effect of dissolution or
reorganization on creditors
548.910 Manner
of signing petition; form of petition; withdrawal of signature after filing of
petition prohibited
548.915 Determining
qualified petition signatures; certificate of county clerk and district
secretary
548.920 Notice
of petition filing; contents; election petition; signature requirements
548.925 Special
election; notice; ballot form
548.930 Vote
result requirements; filing petition with circuit court if vote favors
reorganization or dissolution or if no election petition is filed
548.935 Circuit
court proceeding on petition; contents of court order
548.940 Jurisdiction
of parties; service of summons and petition
548.945 Written
assent of Secretary of Interior required before judgment if district has
federal contract
548.950 Appearance
of interested parties; costs and disbursements
548.955 Contents
of judgment; filing with county treasurer and assessor, Secretary of State and
Water Resources Commission
ORGANIZATION;
548.005
Organization of irrigation, drainage or flood control district by owners of
lands subject to assessment by district improvement company or improvement
district; assumption of obligations. Where any lands are subject to assessment by a corporation under the
provisions of ORS 554.005 to 554.340, or by a corporation organized before
March 4, 1937, under the provisions of chapter 172, Oregon Laws 1911, and Acts
amendatory thereof, the owners of the lands or any part thereof and the owners
of any additional lands adjacent thereto may proceed to organize irrigation
districts or drainage districts or flood control districts under the laws of
Oregon. Any of such districts when organized may assume any of the valid
outstanding liens or obligations of the district improvement company or
improvement district and refund the same and issue district bonds therefor.
548.010
548.015
Board of directors to transfer unnecessary funds. When the necessity for maintaining any fund
of an irrigation or drainage district has ceased to exist and a balance remains
in the fund, the governing board of the district shall so declare by proper
resolution. The balance shall then forthwith be transferred to the credit of
either the operation and maintenance fund or the general fund of the district,
as designated in the resolution.
INSURANCE FOR
EMPLOYEES
548.050
Insurance for district employees. (1) The board of directors of an irrigation district or the board of
supervisors of a drainage district may enter into contracts of insurance covering
district officers and employees for medical, or any other type of remedial care
recognized under state law, surgical, hospital and related services and
supplies, life insurance, annuities and other retirement benefits and monthly
indemnity for loss of time due to accident or sickness. Contributions for
premiums therefor by officers or employees shall only be on a voluntary basis.
Failure to procure such insurance shall not be construed as negligence or lack
of diligence on the part of the board or the members thereof.
(2) The district may agree to pay none,
part or all of the premiums on contracts of insurance entered into pursuant to
this section.
(3) This section is part of the Irrigation
District Law, insofar as it applies to irrigation districts, and part of the
Drainage District Act, as defined in ORS 547.060, insofar as it applies to
drainage districts.
(4) As used in this section the words related
services shall include the services of a person duly licensed to practice
chiropractic in the State of
DETERMINING
LEGALITY OF ORGANIZATION AND PROCEEDINGS
548.105
Authority of boards to maintain proceedings for judicial determination as to
organization of district and other matters; scope of inquiry. (1) The board of directors of an irrigation
district organized under ORS chapter 545, or the board of supervisors of a
drainage district organized under the Drainage District Act, as defined in ORS
547.060, may by petition commence special proceedings in the circuit court of
the county in which the office of the district is located for the purpose of
having a judicial examination and judgment of the court as to the regularity
and legality of:
(a) The proceedings in connection with the
organization of the district.
(b) The proceedings of the board and of
the district, providing for and authorizing the issue and sale of bonds of the
district, whether bonds have or have not been sold or disposed of.
(c) Any action or proceeding of the county
court declaring the organization of the district, or declaring the result of
any election therein.
(d) An order of the governing board of the
district including or excluding any lands in or from the district, or declaring
the result of any election, general or special.
(e) An order of such board levying any
assessment, general or special.
(f) An order of such board ordering the
issue of any bonds for any purpose, or determining any bond issue, or providing
for the same.
(g) The authorization of contract with the
United States, and the validity of the contract, whether or not it has been
executed, and whether or not bonds are to be deposited with the United States.
(2) All the proceedings of an irrigation
district or drainage district may be judicially examined and determined by the
court in one special proceeding, or any part thereof may be separately examined
and determined upon by the court. [Amended by 1995 c.42 §182; 1999 c.452 §27]
548.110
Nature of proceedings; notice; contest; judgment; appeal; nonprejudicial
errors; costs. (1) The
proceedings under ORS 548.105 shall be in the nature of a proceeding in rem.
The practice and procedure therein shall follow the practice and procedure of
an action not triable by right to a jury, so far as they are consistent with
the determination sought to be obtained, except as otherwise provided in ORS
548.105 to 548.115. The jurisdiction of the irrigation district or drainage
district and of all the freeholders, assessment payers and legal voters therein
shall be obtained by publication of notice directed to the district, and to all
freeholders, legal voters and assessment payers within the district, without
naming them individually. The notice shall be served on all parties in interest
by publication for at least once a week for three successive weeks in some
newspaper of general circulation published in the county where the proceeding
is pending. Jurisdiction shall be complete within 10 days after full
publication.
(2) Any person interested may at any time
before the expiration of the 10 days appear and contest the validity of the
proceeding, or of any of the acts or things therein enumerated. The proceedings
shall be speedily tried and judgment rendered declaring the matter so contested
to be either valid or invalid. Any order or judgment in the course of the
proceeding may be made and rendered by the judge of the court in vacation. For
the purpose of any such order or judgment, the court shall be deemed at all
times to be in session, and the act of the judge in making such order or
judgment shall be the act of the court.
(3) Any party may appeal to the Court of
Appeals at any time within 30 days after rendition of the judgment. The appeal
must be heard and determined within three months from the time of taking the
appeal.
(4) The court, in inquiring into the
regularity, legality or correctness of any of the proceedings, must disregard
any error, irregularity or omission which does not affect the substantial
rights of the parties to the court proceedings, and may approve the proceedings
in part and disapprove and declare invalid other or subsequent proceedings in
part. The costs of the court proceedings may be allowed and apportioned between
the parties in the discretion of the court. [Amended by 1979 c.284 §169; 2003
c.576 §257]
548.115
Electors right to maintain proceedings; procedure; exclusiveness of remedy. (1) Any qualified elector of an irrigation
district or drainage district, within 30 days after the entry of any order or
the performance of any act mentioned in ORS 548.105, for which a contest is by
that section provided, may bring a like proceeding in the circuit court of the
county where the lands embraced within such district, or the majority thereof,
are situated, to determine the validity of such order or act. In such
proceedings the board of directors shall be made parties defendant.
(2) Service of summons shall be made on
the members of the board personally if within the county where the district, or
any part thereof is situated. As to any directors not within the county,
service may be had by publication of summons for a like time, and in like
manner, as is provided by ORS 548.110. Service shall be deemed complete within
10 days from the date of personal service, or within 10 days from the date of
completion of publication, as the case may be.
(3) The proceedings shall be tried and
determined in the same manner as proceedings brought by the irrigation district
or drainage district itself.
(4) No contest of any proceeding, matter
or thing provided by ORS 548.105 to be had or done by the board of directors or
supervisors or by the district, or by the county court, or by any qualified
elector of the district, shall be had or maintained at any time or in any
matter except as provided in ORS 548.105 to 548.115. [Amended by 1999 c.452 §28]
548.120
Validation of judgments entered in proceedings by directors. In all cases where the board of directors of
any irrigation district or the board of supervisors of any drainage district
has instituted proceedings for the purpose of having an adjudication of the
court as to the regularity and legality of the proceedings in connection with
any of the matters specified in ORS 548.105, and where notice has been
published directed to the parties specified by ORS 548.110, for the length of
time specified by that section, and the full time provided by that section has
elapsed after publication before any judgment has been entered therein, all
such judgments so rendered by the courts hereby are validated and declared to
be effective and sufficient for all purposes, notwithstanding any other defects
in the proceedings and notice upon which such judgments are based. [Amended by
2003 c.576 §514]
548.205 [Repealed by 1989 c.182 §49]
548.210 [Repealed by 1989 c.182 §49]
548.215 [Repealed by 1989 c.182 §49]
548.220 [Repealed by 1989 c.182 §49]
548.225 [Repealed by 1989 c.182 §49]
548.230 [Amended by 1967 c.359 §695; repealed by
1989 c.182 §49]
548.235 [Repealed by 1989 c.182 §49]
GOVERNMENT
LOANS TO IRRIGATION AND DRAINAGE DISTRICTS
548.300
Contracts for state loans; purposes for which authorized; amount of loan. (1) The board of supervisors of any drainage
district or the board of directors of any irrigation district may, whenever it
is determined by such board that it is for the best interests of the district,
enter into a contract with any governmental agency of the State of
(a) For the refunding of any or all of its
outstanding indebtedness;
(b) For the refunding of any state, county
and municipal ad valorem taxes or special assessments levied by such district;
and
(c) For the financing of any improvement
or supplemental works which may be needed to reclaim lands in the district or
for maintenance or operation, and for the payment or repayment thereof, upon
such terms or conditions as may be agreed upon in the contract.
(2) In no case shall the total of any loan
made by any governmental agency exceed in the aggregate the total amount of the
outstanding indebtedness of such district so refunded, but this limitation
shall not apply to any loan or any part of any loan which may be made by such
governmental agency for any purpose herein provided other than refunding such
outstanding indebtedness. [1983 c.557 §11]
548.305
Contracts for federal loans; purposes for which authorized; amount of loan. (1) The board of supervisors of any drainage
district or the board of directors of any irrigation district may, whenever it
is determined by such board that it is for the best interests of the district,
enter into a contract with any governmental agency of the
(a) For the refunding of any or all of its
outstanding indebtedness;
(b) For the refunding of any state, county
and municipal ad valorem taxes or special assessments levied by such district;
and
(c) For the financing of any improvement
or supplemental works which may be needed to reclaim lands in the district or
for maintenance or operation, and for the payment or repayment thereof, upon
such terms or conditions as may be agreed upon in the contract.
(2) In no case shall the total of any loan
made by such governmental agency exceed in the aggregate the total amount of
the outstanding indebtedness of such district so refunded, but this limitation
shall not apply to any loan or any part of any loan which may be made by such
governmental agency for any purpose herein provided other than refunding such
outstanding indebtedness.
548.310
Validation of prior contracts and bonds. All contracts entered into before November 15, 1935, by any drainage
district or irrigation district with any governmental agency of the United
States, and any bonds issued before or after November 15, 1935, pursuant to
such contract, for any of the purposes provided by ORS 548.305 to 548.325,
which comply with the provisions of ORS 548.305 and are otherwise regular and
duly made and issued according to law, are declared valid, notwithstanding that
the total amount of any such loan so provided to be made by the governmental
agency exceeds in the aggregate the total amount of the outstanding
indebtedness of such district in any case where all or any part of such loan is
for purposes other than refunding the outstanding indebtedness of such
district.
548.315
Issuance of bonds; funds for payment; charges or assessments; release of land
from lien; relief from payment of assessments. For the purpose of carrying into effect
provisions contained in any contract so to be executed, the board of such
district may, with the approval of the electors of the district, issue bonds in
any denomination, bearing interest from date at a rate determined by the board,
and to mature in not more than 40 years. The bonds shall be general obligations
of the district and shall be paid by the revenue derived from the annual
charges or assessments of the district, which shall be made in accordance with
the terms of the contract. All of the owners of the real property within the
district shall be liable to be charged or assessed for such payments; provided,
however, that the contract may contain a provision permitting the release of
any land in the district from the lien to secure the payment of such bonds, or
relieving any lands in the district from any obligation to pay any assessments
thereafter levied for the purpose of paying the bonds or the interest accruing
thereon, by payment to the district of an amount provided in the contract. [Amended
by 1981 c.94 §48; 1991 c.459 §426]
548.320
Lien on lands; lien docket; priority; sale of land for taxes not to extinguish
lien. The contract may provide
for a lien docket which shall be furnished by the district to the county clerk
of each county in which lands of the district are situated, and in which shall
be set forth a description of the lands within the district and liable under
such bonds, described under the present individual ownership by metes and
bounds or by calls or by reference to recorded deeds, together with the total
amount of refunding bonds charged against each parcel of land, the amount of
annual payments thereof, the date of such payment and the rate of interest.
This charge shall remain a lien on such tract or parcel of land in favor of the
district and shall have priority over all other liens and encumbrances except
the lien of state, county and municipal taxes. If the contract does not provide
for a lien docket nothing in this section shall be construed to prevent an
irrigation or drainage district from providing a lien docket as prescribed by
law. In case any lands located within an irrigation or drainage district are
sold for taxes such sale shall not operate to extinguish any lien appearing on
the lien docket and payable at a future time.
548.325
Charges or assessments; emergency fund. In addition to the annual charges or assessments provided for in ORS
548.315, and in addition to the charges or assessments authorized by law for
the maintenance and operation of drainage and irrigation districts, such
contract may provide that the board shall impose an annual charge not to exceed
50 cents per acre upon each acre in the district. All moneys received from the
charge shall be placed by the treasurer of the district in a fund to be
designated as the emergency fund. The emergency fund shall be used for
supplementing the bond fund in case of deficiency due to accident, delinquency
or other contingencies. The fund shall be disbursed by the treasurer upon the
order of the board. [Amended by 1989 c.182 §32; 1991 c.459 §426a; 1997 c.170 §54]
548.330
Bonds for refunding indebtedness; validity not affected by irregularities of
refunded obligations. All
bonds of any irrigation or drainage district authorized or issued by the
district in the manner provided by ORS 548.305 to 548.325, for the purpose of
refunding any outstanding bonds or warrants of the district in accordance with
the terms and provisions of a contract therefor between the district and any
governmental agency of the United States shall constitute legal and binding
obligations of the district, notwithstanding any irregularities or defects in
the authorization of or issuance of any of the bonds or warrants to be
refunded. [Amended by 1989 c.182 §33]
548.335
Consent of holders of outstanding indebtedness; initiation of proceedings to
obtain constructive consent; petition. When any irrigation or drainage district has adopted a plan for
refunding and compromising any or all of its outstanding indebtedness, and
pursuant to ORS 548.305 to 548.325 has entered into a contract with any
governmental agency for a loan for the purpose of carrying out such plan, and
the board of directors or board of supervisors for the purpose of carrying into
effect the provisions contained in the contract have authorized the issuance of
bonds of the district pursuant to ORS 548.315, and such plan of refinancing and
compromise has been accepted in writing by the holders of more than 90 percent
of such outstanding indebtedness to be refunded and compromised, such
irrigation or drainage district may commence and prosecute a proceeding in rem
for the purpose of obtaining constructive consent, to the plan, of the unknown
holders of the evidences of the indebtedness to be refunded and compromised,
and of the known holders of such evidences of indebtedness who have not so
given their consent in writing. The proceeding shall be commenced in the
circuit court of the county in which the office of the district is located, by
filing a petition verified by the oath of the president or secretary of the
district.
548.340
Contents of petition. The
petition shall set forth the plan for refunding and compromising the indebtedness
and shall further recite what percentage in amount of the holders of the
evidences of indebtedness to be refunded or retired have filed their written
consent to the proposed plan, which percentage shall not be less than 90
percent, and shall further set forth what steps have been taken to obtain the
consent of all nonconsenting holders of the evidences of indebtedness. The
petition shall also state the name and place of residence of all of the holders
of the evidences of indebtedness who are known to the district, and shall show
that diligent efforts have been made to ascertain the names and residences of
all the holders.
548.345
Notice; failure of holder to object constitutes consent. (1) Upon presentation of the petition to the
judge of the court, the judge shall, if it appears that diligent efforts have
been made by the irrigation or drainage district to ascertain the names and
places of residence of all the holders of the evidences of indebtedness so to
be refunded and compromised, authorize the district to publish, and it shall
publish for at least four consecutive weeks in three newspapers published
within the state, to be designated by the court, one of which papers shall be
published in the county in which the office of the board of directors or board
of supervisors is situated, a notice specifying the particular indebtedness
which it is proposed to refund and compromise, together with the plan which has
been adopted by the district for the refunding and compromising; also, a
general description of the refunding bonds, if any, which it is proposed to
issue to the holders of the indebtedness. The notice shall require all holders
of the evidences of indebtedness so to be refunded or compromised to file in
the matter of the petition in the circuit court their written dissent from or
objection to the proposed plan of refunding and compromise. The notice shall
also state that any holders who fail to file their dissent and protest to the
plan shall be deemed to have consented thereto.
(2) The district shall also cause the
notice to be served in the manner provided by law for service of summons in
civil actions upon all the holders whose names and places of residence are
known to the district and who reside within
(3) Dissent in writing must be filed in
the court and cause within 90 days from the date of the first publication of
the notice; or, in the case of holders whose names and places of residence are
known to the district and who reside within the state, within 90 days from the
date of service of the notice upon them; or, in the case of holders whose names
and places of residence are known to the district and who reside without the
state, within 90 days from the date of mailing the notice.
(4) After the expiration of said period of
90 days the holders so failing to file their objection and protest with the
court shall be deemed to have consented to the refunding and compromise of the
indebtedness under the terms set forth in the notice, and such failure shall be
equivalent to the offer in writing signed by the known consenting holders. [Amended
by 1989 c.182 §34]
548.350
Hearing; judgment; county treasurer as trustee. (1) After the expiration of 90 days from the
date of the first publication of the notice and the service and mailing
thereof, as set forth in ORS 548.345, the district shall file in the proceeding
in the circuit court its verified return of its acts made under the order of
the court, attaching affidavits of the publication of the notice in three
newspapers, and proof of service of the notice upon the holders of the
evidences of indebtedness whose names and places of residence are known to the
district and who reside within the state, and of the mailing thereof to such
known holders residing without the state.
(2) Thereupon the court shall hear the
cause and shall enter a judgment providing that all the holders of the
evidences of indebtedness to be refunded and compromised by the plan or
proceeding of the district, who within 90 days after the date of the first
publication of the notice and the serving and mailing thereof did not file in
the court their written dissent and objections to the proceedings, have
consented that their evidences of indebtedness be refunded and compromised
under the proposed plan.
(3) In the judgment the court shall direct
the officers of the district to deposit with the county treasurer of the county
in which the district is headquartered, as trustee for the persons entitled
thereto, the cash or refunding bonds which under the plan of refunding and
compromise belong to the holders of the evidences of indebtedness whose consent
was so obtained by the court proceedings. The judgment shall further provide
that upon the payment of said money or bonds to the county treasurer as
trustee, the evidences of indebtedness so held by the holders shall be deemed
paid and no longer shall be an obligation of the district; and that upon the
surrender to the county treasurer of the evidences of indebtedness, together
with any unpaid interest coupons belonging to the same, the county treasurer
shall pay on demand to the holders the money or bonds so deposited with the
county treasurer as trustee, and shall mark the evidences of indebtedness
canceled and deliver them to the district. All holders of the evidences of
indebtedness to be refunded and compromised shall be deemed to have notice of
all steps and proceedings had. [Amended by 1989 c.182 §35; 2003 c.576 §515]
548.355
Nature of proceedings; appeal; nonprejudicial errors; costs. The procedure in the circuit court under the
provisions of ORS 548.340 to 548.350 shall be in the nature of an action in rem
not triable by right to a jury. Any holders of any evidences of indebtedness
affected by any such court procedure provided for in those sections, or any
other interested party, may appeal to the Court of Appeals at any time within
30 days after the rendition of the judgment of the circuit court. The court
inquiring into the regularity, legality or correctness of any of such
proceedings shall disregard any error, irregularity or omission which does not
affect the substantial rights of the parties, and may approve the proceedings
in part and disapprove the remainder. Costs in the proceeding may be allowed
and apportioned between the parties in the discretion of the court. [Amended by
1979 c.284 §170]
548.360
Moneys and securities; custody.
All moneys and securities received under ORS 548.350 may be deposited with the
State Treasurer for safekeeping. [Amended by 1989 c.182 §36]
548.365
Depositary for bonds, warrants; authority of State Treasurer. Whenever any governmental agency of the
United States has authorized a loan to or for the benefit of any irrigation or
drainage district in Oregon for the purpose of refinancing the outstanding
indebtedness of the district, the State Treasurer may act as depositary for the
bondholders and other creditors of the district and as such may do all things
that may be conferred upon the State Treasurer by the bondholders and other
creditors of such district or their authorized representatives, in connection
with the delivery and transfer of title of deposited bonds, warrants and other
evidences of indebtedness. All acts of the State Reclamation Commission had
before March 4, 1935, in connection with any such loans authorized before that
date, are ratified and confirmed. [Amended by 1955 c.707 §67; 1989 c.182 §37]
548.370
Cancellation or compromise of assessments by districts refunding indebtedness
through federal agencies.
The board of supervisors of any drainage district or the board of directors of
any irrigation district may cancel or compromise any special assessments
assessed and levied by such board on lands within the district if the district
is refunding its outstanding indebtedness through any governmental agency of
the
SECURITIES
AND MONEYS DEPOSITED WITH
548.400
Deposit of bonds, warrants and other evidence of indebtedness of irrigation and
drainage districts being reorganized. (1) The county treasurer of the county in which the district is
headquartered may accept deposits of bonds, warrants or other evidences of
indebtedness of irrigation and drainage districts under the process of
reorganization, pursuant to the provisions of ORS 545.629 to 545.639, or as may
otherwise be provided by law.
(2) The county treasurer shall deposit
such bonds, warrants or other evidences of indebtedness with the State
Treasurer, to be held by the State Treasurer in safekeeping. [Formerly 544.040;
1989 c.182 §39]
548.405
Loss of certificates or receipts issued by county treasurer for securities;
surrender of securities by county treasurer. Whenever one claiming to be a lawful owner of a certificate of deposit
or receipt issued by the county treasurer, covering securities issued by an
irrigation or drainage district, satisfies the county treasurer that such
certificate of deposit or receipt has been lost, stolen or destroyed and that
the claimant is the owner thereof, the county treasurer may surrender the
securities evidenced by such certificate of deposit or receipt, or deliver any
securities or moneys on deposit with the county treasurer received in payment
for the securities evidenced by such certificate of deposit or receipt to the claimant,
upon filing a surety bond as provided in ORS 548.415. [Amended by 1989 c.182 §40]
548.410
Surrender of securities to claimant to whom certificate or receipt has not been
issued or assigned. Whenever
one in possession of a certificate of deposit or receipt issued by the county
treasurer as evidence of the deposit of securities issued by an irrigation or
drainage district, who is neither the one to whom such certificate of deposit
or receipt was issued nor one to whom it has been properly assigned, but who
claims to be the owner of such certificate of deposit or receipt, shall satisfy
the county treasurer that the claimant is entitled to receive securities
evidenced by such certificate or receipt, or receive moneys or other securities
deposited with the county treasurer in refunding the securities evidenced by
such certificate or receipt, the county treasurer may surrender such securities
or pay such moneys or deliver such other securities so deposited with the
county treasurer to the claimant upon surrendering the certificate of deposit
or receipt and filing a bond as provided in ORS 548.415. [Amended by 1989 c.182
§41]
548.415
Surety bond; amount; conditions. The surety bond to be filed under ORS 548.405 or 548.410 shall be for
double the amount of the face value of the securities described in such
certificate of deposit or receipt, if the securities are to be surrendered, or
double the amount the claimant is to receive from moneys or securities
deposited with the county treasurer, with two or more sureties, qualified and
who must justify as in the case of sureties for bail; provided that surety
bonds of companies licensed to transact surety business in Oregon may be
accepted for the face amount of the securities if the securities are to be
returned, or the face amount of any moneys or securities to be paid or
delivered by the county treasurer to the claimant. Every such surety bond shall
be conditioned upon indemnifying the county treasurer, and the employees of the
county treasurer making the payment, and all rightful owners of the securities,
against any loss or expenses, including interest or other damage or liability,
resulting from such payment or delivery. [Amended by 1989 c.182 §42]
RELEVY OF
ERRONEOUS OR VOID ASSESSMENTS
548.505
Relevy and reassessment; manner and time. If any drainage or irrigation district assessment levied on any
property liable thereto is prevented from being collected for any year by
reason of any erroneous proceeding, or if such levy is adjudged void for want
of form or manner of procedure, or otherwise, the same may be collected,
relisted, reassessed and relevied in the manner and at the times provided for
the collection, relisting and reassessment of taxes by the provisions of ORS
311.120.
548.510
Judgment declaring assessments void; reassessment and relevy of similar
assessments; time; crediting payments under void assessment. If any such levy of assessment is declared
void by a court of competent jurisdiction, then all similar assessments levied
in the same or other years by the drainage or irrigation district which under
the decision of the court are also void, may be reassessed, relisted and
relevied against the property affected, in the manner provided by law and in
conformity with such judgment, within five years from the date of the rendition
of the judgment of the court declaring such assessment void. In the case of a
relisting or relevying of such drainage or irrigation district assessment on
any property affected thereby, proper credit in the collection of the same
shall be given to all owners of any such property for all payments theretofore
made by them on the void assessments. [Amended by 2003 c.576 §516]
548.515
Manner of relevy and reassessment; officers authorized. The relevy and reassessment of drainage and
irrigation district assessments provided for by law shall be made in the same
manner, and by the same officers who, at the time the new listing or levy is
made, are authorized by law to list property and compute, levy and assess taxes
or assessments against property in the drainage or irrigation district.
548.520
Cancellation or compromise.
The provisions of ORS 548.370 relating to the authority of drainage and
irrigation districts to cancel or compromise any special assessment shall apply
to any relevy or reassessment by a drainage or irrigation district which is
provided by law.
548.605 [Repealed by 1969 c.595 §17]
548.610 [Repealed by 1997 c.170 §48]
548.615 [Repealed by 1997 c.170 §48]
548.620 [Amended by 1981 c.897 §62; 1995 c.696 §28;
repealed by 1997 c.170 §48]
548.625 [Repealed by 1997 c.170 §48]
548.630 [Repealed by 1997 c.170 §48]
548.635 [Repealed by 1997 c.170 §48]
548.640 [Repealed by 1997 c.170 §48]
548.645 [Repealed by 1997 c.170 §48]
548.650 [Repealed by 1997 c.170 §48]
548.655 [Repealed by 1997 c.170 §48]
548.660 [Amended by 1981 c.897 §63; 1995 c.696 §29;
repealed by 1997 c.170 §48]
548.665 [Repealed by 1997 c.170 §48]
548.670 [Repealed by 1997 c.170 §48]
548.675 [Repealed by 1997 c.170 §48]
COMPOSITION;
BANKRUPTCY; REFUNDING AGREEMENTS
548.705
Irrigation or drainage district may file bankruptcy petition; confirmation of
proceedings; composition of debts. At any time subsequent to default in the payment of principal or
interest upon the bonded or warrant indebtedness of any irrigation or drainage
district of this state, the board of directors or board of supervisors may
cause a petition to be filed in the
548.710
Bonds of district; use and delivery to creditors. Whenever any irrigation or drainage district
files its petition in bankruptcy pursuant to the provisions of the Act of
Congress approved May 24, 1934, authorizing bankruptcy proceedings by
municipalities and other political subdivisions of any state, the district may,
for the purpose of carrying out any plan of readjustment of its indebtedness
which has been submitted and approved in the bankruptcy proceeding, use and
deliver to its creditors in such bankruptcy proceeding any of its bonds
authorized or issued pursuant to the provisions of ORS 548.305 to 548.325, and
which bonds are not required for the purpose of carrying into effect the
provisions of the contract with the governmental agency of the United States
for which they primarily were authorized.
548.715
Debt refunding agreements; obtaining consent of unknown or nonconsenting
creditors. Whenever any
irrigation or drainage district engaged in the refunding of its indebtedness
has entered into a contract for such purposes with 80 percent or more of the
owners or holders of its bonds, warrants or other evidences of indebtedness,
such district may proceed to obtain the constructive consent of the unknown or
nonconsenting owners or holders of such evidences of indebtedness to such
contract, as provided by ORS 545.651 to 545.663.
548.810 [Formerly 544.030; repealed by 1989 c.182 §49]
REORGANIZATION
AND DISSOLUTION
548.900
Definitions for ORS 548.900 to 548.955. As used in ORS 548.900 to 548.955, except as otherwise expressly
provided:
(1) District means an irrigation
district organized under ORS chapter 545 or a drainage district organized under
ORS chapter 547.
(2) District board means the board of
directors of an irrigation district, or the board of supervisors of a drainage
district. [1973 c.415 §1]
548.905
Petition for dissolution or reorganization; contents; effect of dissolution or
reorganization on creditors.
(1) A majority of the qualified electors and landowners of a district,
representing at least one-half of the acres of land assessed by the district,
may by petition propose a plan for the dissolution or reorganization of the
district.
(2) The petition shall state:
(a) That the petition is filed under ORS
548.900 to 548.955.
(b) The name of the district.
(c) The nature, terms and conditions of
the dissolution or reorganization plan.
(d) The estimated cost of the dissolution
or reorganization.
(e) A description of the assets of the
district.
(f) A description of all outstanding
indebtedness, including bonds and coupons and the holders thereof, so far as
known, and the provisions to be made for payment of nonassenting holders.
(3) No dissolution or reorganization or
any term or condition thereof shall impair the rights of any creditor of a
district and each creditor may enforce the rights of the creditor in the same
manner and to the same extent as if the change, term or condition had not been
made. [1973 c.415 §2]
548.910
Manner of signing petition; form of petition; withdrawal of signature after
filing of petition prohibited.
(1) Each person signing a petition shall add after the signature of the person
the date of signing and place of residence, giving street and number or a
designation sufficient to enable the place of residence to be readily
ascertained, and the number of acres of land owned by the signer. The name of
the county whose assessment roll is used for the purpose of determining the
right of the signer to vote shall be stated in the body of the petition or
indicated opposite the signature of the signer. If the signer is a legal
representative of the owner, the signature of the signer shall be accompanied
by a certified copy of the authority of the signer to sign as a legal
representative.
(2) After a petition has been offered for
filing, a person may not withdraw the name of the person therefrom.
(3) A petition may designate not more than
three persons as chief petitioners, setting forth their names and mailing
addresses. A petition may consist of a single instrument or separate
counterparts. [1973 c.415 §3]
548.915
Determining qualified petition signatures; certificate of county clerk and
district secretary. (1) A
petition shall not be accepted for filing unless the signatures thereon have
been secured within six months of the date on which the first signature on the
petition was affixed. Petitions shall be filed with the secretary of the
district board. It is not necessary to offer all counterparts of a petition for
filing at the same time, but all counterparts when certified as provided by
subsection (3) of this section shall be filed at the same time.
(2) Within 10 days after the date a
petition is offered for filing, the county clerk and the district secretary
shall examine the petition and determine whether it is signed by the requisite
number of qualified signers. If the requisite number of qualified signers have signed
the petition the district secretary shall file the petition. If the requisite
number have not signed, the secretary shall so notify the chief petitioners and
may return the petition to the petitioners.
(3) A petition shall not be filed unless
the certificate of the county clerk and the district secretary is attached
thereto certifying that they have compared the signatures of the signers with
the appropriate records, that they have ascertained therefrom the number of
qualified signers appearing on the petition, and that the petition is signed by
the requisite number of qualified signers. [1973 c.415 §4]
548.920
Notice of petition filing; contents; election petition; signature requirements. (1) If the petition is accepted and filed by
the district secretary, the secretary shall, within 30 days thereafter, cause a
notice of the filing to be published in one or more newspapers of general
circulation within the district or, if there is no such newspaper, in a
newspaper of general circulation in each county in which the district is
located. The secretary may also cause the notice to be published by radio and
television stations broadcasting in the district as provided by ORS 193.310 and
193.320.
(2) The published notice shall state:
(a) That a petition proposing a plan for
the dissolution or reorganization of the district, as the case may be, has been
filed with the district secretary.
(b) That a copy of the petition is
available at a reasonable fee for each person who desires a copy.
(c) That unless a petition signed by not
less than 10 percent of the qualified electors and landowners of the district
requesting that an election be called by the district board is filed with the
district secretary within 30 days of the date of the publication of the notice,
the district board will file its petition in circuit court as provided by ORS
548.930 (2).
(3) A petition requesting an election must
be signed in the manner provided by ORS 548.915 (1) and shall be subject to the
examination and requirements provided by ORS 548.915 (2) and (3). [1973 c.415 §§5,6]
548.925
Special election; notice; ballot form. (1) Within 10 days after the filing of a petition that meets the
requirements of ORS 548.920 (3) and 548.920 (2)(c), the district board shall
call a special election to be held not less than 30 or more than 60 days after
date the petition is filed.
(2) The board shall cause notice of the
election to be published once a week for three successive weeks, being three
publications in all, in one or more newspapers meeting the requirements of ORS
548.920 (3). In addition, notice may be published by radio and television
stations broadcasting in the district as provided by ORS 193.310 and 193.320.
(3) The notice shall state the date of the
election, and the fact that there will be submitted to the voters a proposal to
dissolve or reorganize the district, as the case may be.
(4) The election shall be held and the
results determined and declared in all respects as nearly as practicable in
conformity with the provisions governing the election of officers in irrigation
districts. At the election, the ballot shall contain the words, dissolution
(or reorganization, as the case may be) of the district ___ Yes, or Dissolution
(or reorganization) of the district ___ No, or words equivalent thereto. [1973
c.415 §7]
548.930
Vote result requirements; filing petition with circuit court if vote favors
reorganization or dissolution or if no election petition is filed. (1) Upon canvass of the votes, if it is
found and declared by the district board that a majority of the qualified
electors and landowners of the district, representing at least one-half of the
acres of land assessed by the district, voted against the dissolution or
reorganization of the district, the petition for dissolution or reorganization
shall be denied and no further action shall be taken upon it. However, if it is
found and declared that the majority voted for the dissolution or
reorganization of the district, the district board shall, within 60 days after
the date of the election, file in the circuit court of the county in which the
registered office of the district is located, a petition requesting the court
to examine and determine the regularity and legality and correctness of the
proceedings and to determine and adjudicate the rights and liabilities of all
interested parties in a manner which is equitable, reasonable and in the best
interests of the parties. There shall be attached to and made a part of the
district board petition a copy of the petition for dissolution or
reorganization, as the case may be, of the electors and landowners as filed
with the district secretary.
(2) If a petition for election is not
filed as provided by this section within 30 days after the date of publication
of notice as provided by ORS 548.920 (1) and (2), the district board shall file
its petition in the circuit court within 90 days after the date notice is
published. [1973 c.415 §8]
548.935
Circuit court proceeding on petition; contents of court order. Proceedings in the circuit court upon the
petition shall be in the nature of a proceeding in rem and shall be conducted
as an action not triable by right to a jury and any judgment or final order of
the circuit court shall be subject to appeal in the same manner as other cases in
equity. The court may appoint masters or referees as it considers desirable and
shall have complete jurisdiction to approve, disapprove, amend or change the
plan proposed or to adopt any amendments, changes or other plans proposed by
any interested party which the court finds to be equitable and reasonable to
protect the rights of any party, or may direct that the district shall continue
in existence and operation without dissolution or reorganization. The judgment
may include provisions for sale, transfer or conveyance of all or part of the
assets of the district to corporations, other districts, municipal corporations
or governmental bodies or agencies then in existence, or to be organized in
accordance with the terms of the judgment, which will continue to furnish some
or all of the services furnished by the district. As a condition of such sale,
transfer or conveyance the court may require such transferee or transferees to
assume part or all of the indebtedness of the district. The court may determine
the validity of any sales or assessments, the amount of any assessments due
upon the various parcels and lots of real estate within the district, the
amounts of any assessments theretofore paid upon such parcels and lots and may
determine and adjust the liabilities of all parties. The court may adjudicate
any water rights of the district and the lands therein and may direct the sale
of any assets of the district, either in one lot or in parcels, at public or
private sale, as the court finds best. The judgment shall make provision for
the payment of all indebtedness of the district. [1973 c.415 §9; 1979 c.284 §172]
548.940
Jurisdiction of parties; service of summons and petition. (1) Jurisdiction of all interested parties
may be had by the publication of summons in the manner provided by ORCP 7.
Copies of the summons and the petition of the district shall be mailed to each
qualified elector and landowner at the mailing address as shown by the records
of the county clerk, the county tax collector and the county assessor, and to
all known creditors of the district.
(2) The Water Resources Commission shall
be served with a copy of the summons and petition. [1973 c.415 §1; 1979 c.284 §172;
1989 c.182 §43]
548.945
Written assent of Secretary of Interior required before judgment if district
has federal contract. If a
contract authorized by law has been made between the district and the
548.950
Appearance of interested parties; costs and disbursements. Any interested party may appear in the
proceedings. Costs and disbursements may be allowed and divided between the
parties or taxed to the losing party or parties in the discretion of the court.
[1973 c.415 §12]
548.955
Contents of judgment; filing with county treasurer and assessor, Secretary of
State and Water Resources Commission. The judgment of the court shall order the clerk of the court to file
certified copies of the judgment with the county treasurer and the county
assessor of each county in which any property located within or assessed by the
district is located, and with the Secretary of State and the Water Resources
Commission. [1973 c.415 §13; 2003 c.576 §518]
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