71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2082
House Bill 2789
Sponsored by Representative LEE (at the request of Oregon Water
Resources Congress)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies alternate method by which irrigation districts levy
and collect assessments and bill and collect charges.
A BILL FOR AN ACT
Relating to irrigation districts; creating new provisions; and
amending ORS 545.482, 545.484, 545.496 and 545.502.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 545.482 is amended to read:
545.482. The board of directors, by resolution, may provide for
the levy and collection of assessments and for the billing and
collection of charges of the district in the manner provided in
ORS 545.482 to 545.508, in lieu of the method provided for in ORS
545.381 to 545.397, 545.413 to 545.422 and 545.683. { - The
resolution may apply to charges for operation and maintenance, to
assessments for construction or to other charges payable to the
United States or the State of Oregon under the terms of the
contracts of the district with the United States or the State of
Oregon. - } A resolution under this section may be adopted
either before or after the district has commenced to deliver
water through all or any part of its canal or distribution
system. If the consent of all the holders of outstanding bonds of
the district has been obtained, the resolution may provide for
the collection of all assessments for the purpose of retiring
bonds and payment of interest on the bonds, or any part of the
bonds.
SECTION 2. ORS 545.484 is amended to read:
545.484. { + (1) + } At least once in each year the board of
directors of an irrigation district that has provided for the
collection of its own charges and assessments as provided by ORS
545.482 to 545.508, by resolution, shall make a computation of
the
{ - amounts - } { + whole amount + } of money necessary to be
raised by the district { + for the ensuing year for the purpose
of carrying out the Irrigation District Law + }, including an
allowance for delinquencies in collections. When making the
computation, the board shall consider the amounts of money
necessary for { + :
(a) + } The { - purpose of - } care, operation and
maintenance { - , repairs, - } { + of district facilities;
(b) Reasonable reserve funds for major maintenance, improvement
and replacement of capital improvements and facilities;
(c) The acquisition of land or water rights; + } { +
(d) + } Bond or interest payments, or payments due or to become
due to the United States or the State of Oregon under any
contract of the district with the United States or the State of
Oregon { - , - } { + ; + } or
{ + (e) + } Other expenses of the district.
{ + (2) The resolution shall fix the time when the charge or
assessment becomes due and payable. The resolution shall also fix
a time, within one year after the date the charge or assessment
becomes due and payable, after which the charge or assessment
becomes delinquent.
(3) The amount determined by the board shall be apportioned by
the board to the lands owned or held by each person so that each
acre of irrigable land in the district is required to pay the
same amount, except as otherwise provided in ORS 545.385,
545.387, 545.389, 545.391 and 545.487. Land owned by a person
constituting a fractional portion of an acre shall be rounded to
the next higher whole acre.
(4) A district that provides drainage or other services to
lands that do not receive irrigation services from the district
may, at the discretion of the district's board of directors,
charge a different fee for the provision of those services.
(5) The annual charges and assessments established by the
resolution shall continue in effect from year to year until
changed by a resolution of the board of directors. + }
SECTION 3. ORS 545.496 is amended to read:
545.496. (1) Charges and assessments under ORS 545.482, 545.484
and 545.494 shall be collected by the secretary of the district
{ - , and shall become due and payable at such time and place as
the board of directors may determine. The board - } { + . The
district + } may withhold delivery of water from any tract of
land until the charges and assessments { + for the current year
and any prior years, including interest and lien and collection
costs and fees, + } are paid { + in full + }. The board may
withhold delivery of water under this section for charges and
assessments for operation and maintenance, repairs, construction,
or other purposes. The board may withhold delivery of water to
any water user who is delinquent in the payment of any charge or
assessment for any purpose becoming due in and for the year in
which the water is desired, or in prior years.
(2) If a charge or assessment, or any installment of a charge
or assessment, under ORS 545.482, 545.484 and 545.494 is not paid
when due, interest shall be charged and collected on the charge
or assessment or installment at the rate of one and one-third
percent per month, or fraction of a month, until paid.
(3) If a notice of claim of lien has been filed under ORS
545.494, the costs of the filing and any costs of removing the
lien, including but not limited to recording and filing fees,
title search fees and a reasonable administrative fee, shall be
charged and collected at the time of payment under subsection (1)
of this section.
SECTION 4. ORS 545.502 is amended to read:
545.502. (1) At any time after the delinquency date fixed by
{ - the board of directors - } { + the resolution + } and
upon the filing of the notice of claim of lien under ORS 545.494,
the board by resolution may direct that all delinquent charges
and assessments then unpaid { - , whether for operation and
maintenance, construction, bond or interest, or other
purpose, - } shall be foreclosed by the district. The
foreclosure shall follow the general procedure of a suit in
equity { - , - } and { - shall - } be filed in the circuit
court for the county in which the land to be foreclosed is
situated. If land in two or more counties is to be foreclosed,
separate proceedings shall be commenced in each county as to the
lands in that county. In addition to such charges and
assessments being foreclosed, the district may recover in the
suit the costs and disbursements and expenses of foreclosure,
including but not limited to recording and filing fees, title
search fees, foreclosure reports and a reasonable administrative
fee. Any number of tracts of land may be foreclosed in the same
suit, without regard to whether they are delinquent for the same
or different charges or assessments, or for the same or several
years. The decree shall order the sale of the property, fix the
time for holding the sale, which shall not be more than four
weeks from the date of the decree, and order the sheriff of the
county to hold the sale in the same manner as other foreclosure
sales. The sheriff shall give notice of the sale for two
consecutive weeks prior to the day of sale by publication of
notice once each week in a newspaper published in the county in
which the land to be sold is situated. The sheriff shall also
post notices in three public and conspicuous places within the
county at least two weeks prior to the day of sale. The
irrigation district may be a bidder and purchaser of the property
at the sale. Upon sale of the property the sheriff shall issue
deed to the property immediately. No right of redemption
thereafter shall exist.
(2) The court may award reasonable attorney fees to the
prevailing party in a foreclosure action under this section.
SECTION 5. { + The amendments to ORS 545.482, 545.484, 545.496
and 545.502 by sections 1 to 4 of this 2001 Act apply to tax
years beginning on or after the effective date of this 2001
Act. + }
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