72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 75
A-Engrossed
House Bill 2797
Ordered by the House July 9
Including House Amendments dated July 9
Sponsored by Representative CLOSE (at the request of American
Legislative Exchange Council)
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.
{ - Provides that reimbursement claim brought by public body
against third-party for costs of services or benefits provided to
another person is subject to same procedural rules and
substantive law that would apply if claim were asserted by
recipient of services or benefits directly against third
party. - }
{ + Provides consistent terminology for public bodies in laws
relating to districts. + }
A BILL FOR AN ACT
Relating to public bodies; creating new provisions; and amending
ORS 174.116, 223.001, 223.127, 223.208, 223.210, 223.215,
223.225, 223.235, 223.245, 223.260, 223.262, 223.265, 223.270,
223.275, 223.280, 223.285, 223.297, 223.299, 223.301, 223.302,
223.304, 223.307, 223.309, 223.311, 223.313, 223.317, 223.327,
223.389, 223.391, 223.393, 223.399, 223.430, 223.450, 223.455,
223.485, 223.505, 223.510, 223.515, 223.520, 223.530, 223.545,
223.565, 223.575, 223.593, 223.594, 223.610, 223.615, 223.625,
223.640, 223.645, 223.705, 223.710, 223.715, 223.720, 223.725,
223.735, 223.745, 223.750, 223.755, 223.765, 223.770, 223.775,
261.010, 261.030, 261.035, 261.105, 261.110, 261.141, 261.171,
261.180, 261.200, 261.215, 261.253, 261.305, 261.310, 261.315,
261.330, 264.110, 264.240, 264.250, 264.260, 264.310, 264.340,
264.348, 265.010, 265.140, 267.200, 267.225, 267.550, 267.560,
268.020, 268.300, 268.393, 285A.603, 285A.654, 285A.657,
285A.666, 310.140, 357.261, 371.060, 371.067, 371.105, 371.305,
371.336, 371.405, 371.480, 371.485, 371.520, 371.655, 372.140,
401.842, 440.320, 440.360, 440.370, 440.505, 450.075, 450.160,
450.693, 450.695, 450.817, 450.835, 450.875, 451.410, 451.485,
451.520, 478.300, 478.990, 523.030, 523.050, 523.130, 523.240,
543.660, 545.057, 545.257, 547.045, 552.113, 552.305, 552.320,
553.010, 553.090, 553.110, 553.250, 553.710, 565.275, 568.210,
568.225, 568.410, 568.805, 777.005, 777.010, 777.112, 777.113,
778.010 and 838.035 and section 19, chapter 607, Oregon Laws
1987.
Be It Enacted by the People of the State of Oregon:
{ +
DEFINITION OF LOCAL SERVICE DISTRICT + }
SECTION 1. ORS 174.116 is amended to read:
174.116. (1)(a) Subject to ORS 174.108, as used in the statutes
of this state 'local government' means all cities, counties and
{ + local service + } districts located in this state, and all
administrative subdivisions of those cities, counties and { +
local service + } districts.
(b) Subject to ORS 174.108, as used in the statutes of this
state 'local government' includes:
(A) An entity created by statute, ordinance or resolution for
the purpose of giving advice only to a local government;
(B) An entity created by local government for the purpose of
giving advice to local government and that is not created by
ordinance or resolution, if the document creating the entity
indicates that the entity is a public body; and
(C) Any entity created by local government other than an entity
described in subparagraph (B) of this paragraph, unless the
ordinance, resolution or other document creating the entity
indicates that the entity is not a governmental entity or the
entity is not subject to any substantial control by local
government.
(2) { + + }Subject to ORS 174.108, as used in the statutes of
this state ' { + local service + } district' means:
(a) An economic improvement district created under ORS 223.112
to 223.132 { + or 223.141 to 223.161 + }.
(b) A people's utility district organized under ORS chapter
261.
(c) A domestic water supply district organized under ORS
chapter 264.
(d) A cemetery maintenance district organized under ORS chapter
265.
(e) A park and recreation district organized under ORS chapter
266.
(f) A mass transit district organized under ORS 267.010 to
267.390.
(g) A transportation district organized under ORS 267.510 to
267.650.
(h) A metropolitan service district organized under ORS chapter
268.
(i) A translator district organized under ORS 354.605 to
354.715.
(j) A library district organized under ORS 357.216 to 357.286.
(k) A county road district organized under ORS 371.055 to
371.110.
(L) A special road district organized under ORS 371.305 to
371.360.
(m) A road assessment district organized under ORS 371.405 to
371.535.
(n) A highway lighting district organized under ORS chapter
372.
(o) A 9-1-1 communications district organized under ORS 401.807
to 401.857.
(p) A health district organized under ORS 440.305 to 440.410.
(q) A sanitary district organized under ORS 450.005 to 450.245.
(r) A sanitary authority, water authority or joint water and
sanitary authority organized under ORS 450.600 to 450.989.
(s) A county service district organized under ORS chapter 451.
(t) A vector control district organized under ORS 452.020 to
452.170.
(u) A rural fire protection district organized under ORS
chapter 478.
(v) A geothermal heating district organized under ORS chapter
523.
(w) An irrigation district organized under ORS chapter 545.
(x) A drainage district organized under ORS chapter 547.
(y) A diking district organized under ORS chapter 551.
(z) A water improvement district organized under ORS chapter
552.
(aa) A water control district organized under ORS chapter 553.
(bb) A district improvement company or a district improvement
corporation organized under ORS chapter 554.
(cc) A weather modification district organized under ORS
558.200 to 558.440.
{ + (dd) A fair district formed under ORS chapter 565. + }
{ - (dd) - } { + (ee) + } A soil and water conservation
district organized under ORS 568.210 to 568.808 and 568.900 to
568.933.
{ - (ee) - } { + (ff) + } A weed control district organized
under ORS 570.505 to 570.575.
{ - (ff) - } { + (gg) + } A port organized under ORS
777.005 to 777.725 and 777.915 to 777.953.
{ - (gg) - } { + (hh) + } The Port of Portland created
under ORS 778.010.
{ + (ii) An airport district established under ORS chapter
838. + }
SECTION 1a. { + Local service districts, as defined by ORS
174.116, are municipal corporations. + }
{ +
ECONOMIC IMPROVEMENT DISTRICTS + }
SECTION 2. ORS 223.001 is amended to read:
223.001. As used in ORS 223.112 to 223.132, 223.205 to 223.295,
223.297 to 223.314, 223.317 to 223.327, 223.387 to 223.399,
223.405 to 223.485, 223.505 to 223.595, 223.605 to 223.650,
223.705 to 223.755, 223.765, 223.770, 223.775 and 223.805 to
223.845, unless the context requires otherwise:
(1) 'Actual cost' has the meaning given the term under ORS
310.140.
(2) 'Capital construction project' means a project for '
capital construction,' as defined under ORS 310.140.
(3)(a) 'Estimated assessment' means, with respect to each
property to be assessed in connection with a local improvement,
the total assessment that, at the time of giving notice of the
assessment and the right to object or remonstrate, the
{ - governmental unit - } { + local government + } estimates
will be levied against the property following completion of the
local improvement. The estimate shall be based on the
{ - governmental unit's - } { + local government's + }
estimate at that time of the actual costs of the local
improvement and the proposed formula for apportioning the actual
costs to the property.
(b) 'Estimated assessment' shall be determined by:
(A) Excluding from estimated actual costs the estimated
financing costs associated with any bonds issued to accommodate
the payment of the assessment in installments; and
(B) Including in estimated actual costs the estimated financing
costs associated with interim financing of the local improvement.
(4) 'Final assessment' means, with respect to each property to
be assessed in connection with a local improvement, the total
assessment levied against the property following completion of
the local improvement. The total assessment shall be based on the
actual costs of the local improvement and the formula for
apportioning the actual costs to the property.
(5)(a) 'Financing' means all costs necessary or attributable to
acquiring and preserving interim or permanent financing of a
local improvement.
(b) The costs of financing may include the salaries, wages and
benefits payable to employees of the { - governmental unit - }
{ + local government + } to the extent the same are reasonably
allocable to the work or services performed by the employees in
connection with the financing of a local improvement or any part
thereof. However, as a condition to inclusion of any salaries,
wages or benefits payable to employees of a { - governmental
unit - } { + local government + } as financing costs of a local
improvement or any part thereof, the
{ - governmental unit - } { + local government + } shall
establish a record keeping system to track the actual work done
or services performed by each employee on or in connection with
such local improvement.
(c) Financing costs that are to be incurred after the levy of a
final assessment may be included in the final assessment based on
the { - governmental unit's - } { + local government's + }
reasonable estimate of the financing costs if the
{ - governmental unit - } { + local government + } first
documents the basis for the estimate and makes the documentation
available to interested persons on request.
(6) 'Governing body' means the council, commission, board or
other controlling body, however designated, in which the
legislative powers of a { - governmental unit - } { + local
government + } are vested.
{ - (7) 'Governmental unit' means a city, county, district as
described under ORS 198.010 or 198.180, or any other municipal,
quasi-municipal or public corporation with authority to undertake
the acquisition, construction, reconstruction, repair, betterment
or extension of a local improvement but does not include a common
or union high school district, education service district,
community college district, community college service district or
other unit providing public elementary, secondary or
post-secondary education, or any combination thereof. - }
{ - (8) - } { + (7) + } 'Installment application' means an
application filed by a property owner to have a final assessment
paid in installments over a period of years.
{ + (8) 'Local government' means a local government as
defined in ORS 174.116 that has authority to undertake the
acquisition, construction, reconstruction, repair, betterment or
extension of a local improvement. + }
(9) 'Local improvement' has the meaning given the term under
ORS 310.140.
(10) 'Lot' means a lot, block or parcel of land.
(11) 'Owner' means the owner of the title to real property or
the contract purchaser of real property of record as shown on the
last available complete assessment roll in the office of the
county assessor.
(12) 'Recorder' means the auditor, recorder, clerk or other
person or officer of a { - governmental unit - } { + local
government + } serving as clerk of the { - governmental
unit - } { + local government + } or performing the clerical
work of the { - governmental unit - } { + local
government + }, or other official or employee as the governing
body of a { - governmental unit - } { + local government + }
shall designate to act as recorder.
(13) 'Structure' has the meaning given the term under ORS
310.140.
(14) 'Treasurer' means the { - governmental unit - } elected
or appointed official { + of a local government + }, however
designated, charged by law with the responsibility for acting as
custodian of and investment officer for the public moneys of the
{ - governmental unit - } { + local government + }.
SECTION 3. ORS 223.127 is amended to read:
223.127. (1) ORS 223.387 and 223.391 to 223.395 apply to
economic improvement districts created by a city in accordance
with ORS 223.112 to 223.132.
(2) The rights and duties accorded { - governmental units - }
{ + local governments + } and the owners of property for
financing assessments under ORS 223.205 and 223.210 to 223.295
apply to assessments levied upon property in an economic
improvement district for financing all or part of the cost of an
economic improvement.
SECTION 4. ORS 223.208 is amended to read:
223.208. (1) Subject to subsection (2) of this section, the
rights and duties accorded { - governmental units - } { +
local governments + } and the owners of property for financing
and assessments under ORS 223.205 to 223.775 shall apply to the
following:
(a) A system development charge designed to finance the
purchase or development of a public park or recreational facility
or the construction, extension or enlargement of a street,
community water supply, storm sewer or sewerage or disposal
system as defined in ORS 199.464 imposed by a { - governmental
unit - } { + local government + } as a condition to issuance of
any occupancy permit or imposed by a { - governmental unit - }
{ + local government + } at such other time as, by ordinance,
it may determine.
(b) That portion of a connection charge imposed by a
{ - governmental unit which - } { + local government that + }
is greater than the amount necessary to reimburse the
{ - unit - } { + local government + } for its costs of
inspection and installing connections with system mains.
(2) Notwithstanding ORS 223.230, the financing of system
development or connection charges under this section may, at the
option of the governing body, be a second lien on real property,
which lien shall be inferior only to the mortgage or other
security interest held by the lender of the owner's purchase
money. Bonds issued under this subsection shall be issued
separately from bonds otherwise issued under ORS 223.205 to
223.775 and shall comply with all applicable federal regulations.
SECTION 5. ORS 223.210 is amended to read:
223.210. (1) If the governing body of a { - governmental
unit - } { + local government + } has proceeded to cause any
local improvement to be constructed or made within the corporate
limits of the { - unit - } { + local government + }, and has
determined the final assessment for the local improvement against
the property benefited thereby or liable therefor, according to
applicable law, the { - governmental unit - } { + local
government + } shall cause notice of the final assessment to be
published. The notice shall identify the local improvement for
which the assessment is to be made, each lot to be assessed and
the final assessment for each lot. In addition, the notice shall
state that the owner of any property to be assessed shall have
the right to make application to the { - governmental unit - }
{ + local government + } for payment of the final assessment in
installments as provided in this section. A copy of the notice
shall be mailed or personally delivered to the owner of each lot
to be assessed.
(2) The owner of any property to be so assessed, at any time
within 10 days after notice of final assessment is first
published, may file with the recorder a written application to
pay:
(a) The whole of the final assessment in installments; or
(b) If part of the final assessment has been paid, the unpaid
balance of the assessment in installments.
(3) At the option of the { - governmental unit - } { +
local government + }, an installment application may be filed
more than 10 days after notice of the final assessment is first
published.
SECTION 6. ORS 223.215 is amended to read:
223.215. (1)(a) The installment application shall state that
the applicant does thereby waive all irregularities or defects,
jurisdictional or otherwise, in the proceedings to cause the
local improvement for which the final assessment is levied and in
the apportionment of the actual cost of the local improvement.
(b) The application shall provide that the applicant agrees to
pay the final assessment over a period of not less than 10 years
nor more than 30 years and according to such terms as the
governing body of the { - governmental unit - } { + local
government + } may provide. The governing body may provide that
the owner of the assessed property may elect to have the final
assessment payable over a period of less than 10 years and
according to such terms as the governing body may provide.
(c) The application shall also provide that the applicant
acknowledges and agrees to pay interest at the rate provided by
the governing body of the { - governmental unit - } { + local
government + } on all unpaid assessments, together with an
amount, determined by the governing body, sufficient to pay a
proportionate part of the cost of administering the bond
assessment program and issuing the bonds authorized under ORS
223.235, including but not limited to legal, printing and
consultant's fees.
(d) The application shall also contain a statement, by lots or
blocks, or other convenient description, of the property of the
applicant assessed for the improvement.
(2) In connection with the final assessments for any local
improvement, the governing body of the { - governmental
unit - } { + local government + } may establish a procedure by
which an owner of any property to be assessed may irrevocably
elect in writing to have the final assessment levied for a number
of years less than 10, which shall be determined by the governing
body. The written election shall:
(a) Be signed by the owner or a duly authorized representative
of the owner;
(b) Contain a description of the assessed property and the
local improvement for which the assessment is made; and
(c) Contain a statement by the owner acknowledging that the
improvement is a local improvement as described under ORS 223.001
(9), that payment of the final assessment against the properties
benefited by the local improvement plus interest may be spread
over at least 10 years and that, notwithstanding any provision of
law, the owner consents to make payments over a period of less
than 10 years and to have the assessment levied on the benefited
property accordingly.
(3) The election under subsection (2) of this section shall be
recorded in the bond lien docket for the local improvement to
which the assessment relates. From and after the time at which
the written election is so recorded, it shall be valid and
binding upon all subsequent owners of the property or any part
thereof.
SECTION 7. ORS 223.225 is amended to read:
223.225. The recorder of the { - governmental unit - } { +
local government + } shall:
(1) Keep all applications filed under ORS 223.210 in convenient
form for examination. The applications received for each local
improvement shall be separate.
(2) Enter in a book kept for that purpose, under separate heads
for each local improvement, the date of filing of each
application, the name of the applicant, a description of the
property and the amount of the final assessment, as shown in the
application.
SECTION 8. ORS 223.235 is amended to read:
223.235. (1) When in any { - governmental unit - } { +
local government + } a bond lien docket is made up, as provided
in ORS 223.230, as to the final assessments for any local
improvement, the { - governmental unit - } { + local
government + } shall by ordinance or resolution of the governing
body authorize the issue of its bonds pursuant to the applicable
provisions of ORS chapter 288 and in accordance with this
section.
(2) The bonds authorized to be issued under this section shall
be issued in an amount that does not exceed the unpaid balance of
all final assessments for the related local improvements, plus
the amounts necessary to fund any debt service reserve and to pay
any other financing costs associated with the bonds.
(3)(a) If the question of the issuance of the specific bonds
has been approved by the electors of the { - governmental
unit - } { + local government + } and the bonds are issued as
general obligation bonds, the { - governmental unit - } { +
local government + } shall each year assess, levy and collect a
tax on all taxable property within its boundaries. The amount of
the tax shall be sufficient to pay all principal of and interest
on the bonds that are due and payable in that year and to
replenish any debt service reserves required for the bonds. In
computing the amount of taxes to impose, the
{ - governmental unit - } { + local government + } shall
deduct from the total amount otherwise required the amount of
final installment payments which are pledged to the payment of
the bonds and which are due and payable in that year, and shall
add to this net amount the amount of reasonably anticipated
delinquencies in the payments of the installments or the taxes.
(b) The taxes shall be levied in each year and returned to the
county officer whose duty it is to extend the tax roll within the
time and in the manner provided in ORS 310.060.
(c) The taxes shall become payable at the same time and be
collected by the same officer who collects county taxes and shall
be turned over to the { - governmental unit - } { + local
government + } according to law.
(d) The county officer whose duty it is to extend the county
levy shall extend the levy of the { - governmental unit - }
{ + local government + } in the same manner as city taxes are
extended. Property shall be subject to sale for nonpayment of the
taxes levied by a
{ - governmental unit - } { + local government + } in like
manner and with like effect as in the case of county and state
taxes.
(4) If the question of the issuance of the specific bonds has
not been approved by the electors of the { - governmental
unit - } { + local government + } and the bonds are issued as
limited tax obligation bonds, the { - governmental unit - }
{ + local government + } may, subject only to the limitations
of section 11b (1), Article XI of the Oregon Constitution,
calculate, assess, levy and collect a tax on all taxable property
within its boundaries in the manner provided in subsection (3) of
this section. The amount of such tax shall be sufficient to pay
all principal of and interest on such bonds which is due and
payable in that year and to replenish any debt service reserves
required for such bonds, provided that if such bonds are issued
as limited tax obligation bonds the amount of such tax shall not
exceed the amount permitted under section 11b (1), Article XI of
the Oregon Constitution.
(5)(a) All bonds issued pursuant to this section, including
general obligation bonds, shall be secured by and be payable from
the installments of final assessments with respect to which the
bonds were issued.
(b) In the ordinance or resolution authorizing the issuance of
the bonds, the governing body of the issuing { - governmental
unit - } { + local government + } may:
(A) Provide that installments of final assessments levied with
respect to two or more local improvements shall secure a single
issue of bonds.
(B) Reserve the right to pledge, as security for any bonds
thereafter issued pursuant to this section, any installments of
final assessments previously pledged as security for other bonds
issued pursuant to this section.
(c) All bonds shall be secured by a lien on the installments of
final assessments with respect to which they were issued. The
lien shall be valid, binding and fully perfected from the date of
issuance of the bonds. The installments of final assessments
shall be immediately subject to the lien without the physical
delivery thereof, the filing of any notice or any further act.
The lien shall be valid, binding and fully perfected against all
persons having claims of any kind against the { - governmental
unit - } { + local government + } or the property assessed
whether in tort, contract or otherwise, and irrespective of
whether such persons have notice of the lien.
(6) As additional security for any bonds issued under this
section, including general obligation bonds, the governing body
of the issuing { - governmental unit - } { + local
government + } may pledge or mortgage, or grant security
interests in, its revenues, assets and properties, and otherwise
secure and enter into covenant with respect to the bonds, as
provided in ORS 288.155.
(7)(a) A { - governmental unit - } { + local government + }
shall have the power, at any time and from time to time after the
undertaking of a local improvement has been authorized, to borrow
money and issue and sell notes for the purpose of providing
interim financing for the actual costs of the local improvement.
(b) Notes authorized under this subsection may be issued in a
single series for the purpose of providing interim financing for
two or more local improvements.
(c) Notes authorized under this subsection shall mature not
later than one year after the date upon which the issuing
{ - governmental unit - } { + local government + } expects to
issue bonds for the purpose of providing permanent financing with
respect to installment payments of the final assessments for the
local improvements.
(d) Any notes authorized under this subsection may be refunded
from time to time by the issuance of additional notes or out of
the proceeds of bonds issued pursuant to this section. The notes
may be made payable from the proceeds of any bonds to be issued
under this section to provide permanent financing or from any
other sources from which the bonds are payable.
(e) The governing body of the issuing { - governmental
unit - } { + local government + } may pledge to the payment of
the notes any revenues { - which - } { + that + } may be
pledged to the payment of bonds authorized to be issued under
this section with respect to the local improvements for which the
notes provide interim financing.
SECTION 9. ORS 223.245 is amended to read:
223.245. The interest on the bonds and the amounts of the
installments of maturing bonds shall be included in the annual
budget of the issuing { - governmental unit - } { + local
government + }. There shall be deducted in the budget the amount
that the governing body conservatively estimates will be received
from payments of the principal of and interest on installments of
final assessments appertaining to the particular bond issue, and
from receipts from sales and rentals of property acquired by the
{ - governmental unit - } { + local government + } pursuant to
the assessments, during the fiscal year.
SECTION 10. ORS 223.260 is amended to read:
223.260. (1) The proceeds of any bonds or notes authorized to
be issued under ORS 223.235 shall be paid by the purchaser to the
treasurer of the issuing { - governmental unit - } { + local
government + }. Accrued interest and any premium may be credited
to any account designated by the issuing { - governmental
unit - } { + local government + }. The balance of the proceeds
shall be credited to the local improvement fund or funds for
which the bonds or notes are issued.
(2) A { - governmental unit - } { + local government + }
may create, within the Bancroft Bond Redemption Fund maintained
by the { - governmental unit - } { + local government + } as
required by ORS 223.285, separate accounts for separate issues of
bonds or notes issued as provided in ORS 223.235, and may pledge
any amounts deposited in the separate accounts to specific issues
of bonds or notes without pledging the amounts to any other
issues of such bonds or notes.
SECTION 11. ORS 223.262 is amended to read:
223.262. (1) As used in ORS 223.205 and 223.210 to 223.295:
(a) 'Assessment contract' means the obligation to pay final
assessments in installments that arise when a property owner
submits an application to pay assessments in installments under
ORS 223.210 or a similar provision of a local charter.
(b) 'Assessment contract rights' includes the right to receive
installment payments of final assessments, with interest, made
under an assessment contract, and the right to enforce the lien
of the final assessment.
(2) Any { - governmental unit - } { + local government + }
that receives or expects to receive assessment contracts may:
(a) Sell or assign to third parties all or any portion of its
assessment contract rights.
(b) Create corporations or other business entities to factor
assessment contract rights.
(c) Create grantor trusts and transfer to the trusts assessment
contract rights.
(d) Contract to service assessment contracts and assessment
liens for the owners of assessment contract rights, or contract
with third parties to service assessment contracts and assessment
liens for the owners of assessment contract rights.
(e) Serve as a trustee for the owners of assessment contract
rights.
(f) Enter into contracts necessary to carry out the provisions
of this section.
(3) Any trust created under this section may fractionalize and
sell assessment contract rights.
(4) Assessment contract rights, any interests therein and any
interests in trusts secured primarily by assessment contract
rights shall be exempt from registration under ORS 59.055.
(5) If assessment contract rights that secure outstanding
obligations of a { - governmental unit - } { + local
government + } are sold or assigned under this section, an amount
shall be placed irrevocably in escrow that is calculated to be
sufficient to pay all principal and interest on the outstanding
obligations as they mature or are irrevocably called for prior
redemption, in accordance with ORS 288.677. Any sale proceeds not
required to fund the escrow may be placed in the general fund of
the { - governmental unit - } { + local government + }. If
only a portion of the contract rights securing outstanding
obligations is sold, then the amount of outstanding obligations
that must be defeased pursuant to this subsection shall be that
proportion of the principal amount of the outstanding obligations
that the principal amount of the contract rights that are sold
represents to the total principal amount of the contract rights
that secure the outstanding obligations.
SECTION 12. ORS 223.265 is amended to read:
223.265. (1) The installments due and payable under an
assessment contract shall be due and payable periodically as the
governing body of the { - governmental unit - } { + local
government + } shall determine but shall not be due and payable
over a term in excess of 30 years. Each installment is due and
payable with interest as described under subsection (3) of this
section.
(2) The installments and interest are payable to the treasurer
by the property owner whose application to pay the cost of the
local improvement by installments has been filed as provided in
ORS 223.210.
(3) The amount of each installment (percentage of the total
final assessment) shall be determined by the governing body of
the
{ - governmental unit - } { + local government + } and shall
be as appears by the bond lien docket described in ORS 223.230.
Each installment shall be due and payable with the accrued and
unpaid interest on the unpaid balance of the final assessment
amount at the rate per annum determined by the governing body of
the { - governmental unit - } { + local government + } under
ORS 223.215.
(4) The first payment shall be due and payable on the date that
the governing body shall determine, and subsequent payments shall
be due and payable on subsequent periodic dates thereafter as
shall have been determined by the governing body.
SECTION 13. ORS 223.270 is amended to read:
223.270. (1) If the owner neglects or refuses to pay
installments under ORS 223.265 as they become due and payable for
a period of one year, then the governing body of the
{ - governmental unit - } { + local government + } may, by
reason of the neglect or refusal to pay the installments, and
while the neglect and refusal to pay continues, pass a
resolution:
(a) Giving the name of the owner then in default in the payment
of the sums due;
(b) Stating the sums due, either principal or interest and any
unpaid late payment penalties or charges;
(c) Containing a description of the property upon which the
sums are owing; and
(d) Declaring the whole sum, both principal and interest, due
and payable at once.
(2) The governing body may then proceed at once to collect all
unpaid installments and to enforce collection thereof, with all
unpaid late payment penalties and charges added thereto, in the
same manner in which delinquent property taxes are collected
under applicable law or, in the case of a city, in the same
manner as street and sewer assessments are collected pursuant to
the terms of the city charter.
SECTION 14. ORS 223.275 is amended to read:
223.275. The recorder of a { - governmental unit - } { +
local government + } shall, when installments and interest on any
final assessment in the bond lien docket are due, make the proper
extensions of the installments and interest on the bond lien
docket and turn the same over to the treasurer of the
{ - governmental unit - } { + local government + }. The
treasurer then shall notify the property owner that the
installments are due and payable, but a failure of any owner to
receive the notice shall not prevent collection of the
installment as provided in ORS 223.270. The treasurer shall issue
a receipt to the person paying the installments and interest, and
shall file duplicates of the receipts with the recorder. When the
treasurer returns the bond lien docket, the recorder shall make
the proper entries on the bond lien docket showing the amount of
each payment and the date of the payment.
SECTION 15. ORS 223.280 is amended to read:
223.280. At any time after issuance of bonds under ORS 223.235,
any owner of a lot against which the final assessment is made and
lien docketed may pay into the treasury of the issuing
{ - governmental unit - } { + local government + } the whole
amount of the final assessment for which the lien is docketed,
together with the full amount of interest and late payment
penalties and charges accrued thereon to the date of payment.
Upon producing to the recorder of the { - governmental unit - }
{ + local government + } the receipt of the treasurer, the
recorder shall enter in the lien docket opposite the entry of the
lien the fact and date of the payment and that the lien is
discharged.
SECTION 16. ORS 223.285 is amended to read:
223.285. Any treasurer receiving any payments of final
assessments or interest on unpaid installments by virtue of the
Bancroft Bonding Act, shall account for the payments separately
from other funds of the { - governmental unit - } { + local
government + }. The amount of the moneys paid on account of
installments, interest on unpaid installments and late payment
penalties or charges, shall be placed to the credit of a fund to
be known and designated as ' Bancroft Bond Redemption Fund' or in
any designated account of the redemption fund { - which - }
{ + that + } may be established by the
{ - governmental unit - } { + local government + } under this
section. All interest and principal due on bonds issued under ORS
223.235 shall be paid from the redemption fund or from a
designated account of the redemption fund. The amount placed to
the credit of the redemption fund or any account of the fund
shall from time to time, under the direction of the governing
body of the issuing
{ - governmental unit - } { + local government + }, be
invested as provided in ORS 294.035 or 294.805 to 294.895.
SECTION 17. ORS 223.297 is amended to read:
223.297. The purpose of ORS 223.297 to 223.314 is to provide a
uniform framework for the imposition of system development
charges by { - governmental units - } { + local
governments + } for specified purposes and to establish that the
charges may be used only for capital improvements.
SECTION 18. ORS 223.299 is amended to read:
223.299. As used in ORS 223.297 to 223.314:
(1)(a) 'Capital improvement' means facilities or assets used
for the following:
(A) Water supply, treatment and distribution;
(B) Waste water collection, transmission, treatment and
disposal;
(C) Drainage and flood control;
(D) Transportation; or
(E) Parks and recreation.
(b) 'Capital improvement' does not include costs of the
operation or routine maintenance of capital improvements.
(2) 'Improvement fee' means a fee for costs associated with
capital improvements to be constructed.
(3) 'Reimbursement fee' means a fee for costs associated with
capital improvements already constructed or under construction.
(4)(a) 'System development charge' means a reimbursement fee,
an improvement fee or a combination thereof assessed or collected
at the time of increased usage of a capital improvement or
issuance of a development permit, building permit or connection
to the capital improvement. 'System development charge' includes
that portion of a sewer or water system connection charge that is
greater than the amount necessary to reimburse the
{ - governmental unit - } { + local government + } for its
average cost of inspecting and installing connections with water
and sewer facilities.
(b) 'System development charge' does not include any fees
assessed or collected as part of a local improvement district or
a charge in lieu of a local improvement district assessment, or
the cost of complying with requirements or conditions imposed
upon a land use decision, expedited land division or limited land
use decision.
SECTION 19. ORS 223.301 is amended to read:
223.301. (1) As used in this section, 'employer' means any
person who contracts to pay remuneration for, and secures the
right to direct and control the services of, any person.
(2) A { - governmental unit - } { + local government + }
may not establish or impose a system development charge that
requires an employer to pay a reimbursement fee or an improvement
fee based on:
(a) The number of individuals hired by the employer after a
specified date; or
(b) A methodology that assumes that costs are necessarily
incurred for capital improvements when an employer hires an
additional employee.
(3) A methodology set forth in an ordinance or resolution that
establishes an improvement fee or a reimbursement fee shall not
include or incorporate any method or system under which the
payment of the fee or the amount of the fee is determined by the
number of employees of an employer without regard to new
construction, new development or new use of an existing structure
by the employer.
SECTION 20. ORS 223.302 is amended to read:
223.302. (1) { - Governmental units - } { + Local
governments + } are authorized to establish system development
charges, but the revenues produced therefrom shall be expended
only in accordance with ORS 223.297 to 223.314. If a
{ - governmental unit - } { + local government + } expends any
such revenues in violation of the limitations described in ORS
223.307, the { - governmental unit - } { + local
government + } shall replace the misspent amount with moneys
derived from other sources. Replacement moneys shall be deposited
in a fund designated for the system development charge revenues
not later than one year following a determination that the funds
were misspent.
(2) { - Governmental units - } { + Local governments + }
shall adopt administrative review procedures by which any citizen
or other interested person may challenge an expenditure of system
development charge revenues. Such procedures shall provide that
such a challenge must be filed within two years of the
expenditure of the system development charge revenues. The
decision of the
{ - governmental unit - } { + local government + } shall be
judicially reviewed only as provided in ORS 34.010 to 34.100.
(3)(a) A { - governmental unit - } { + local government + }
must advise a person who makes a written objection to the
calculation of a system development charge of the right to
petition for review pursuant to ORS 34.010 to 34.100.
(b) If a { - governmental unit - } { + local government + }
has adopted an administrative review procedure for objections to
the calculation of a system development charge, the
{ - governmental unit - } { + local government + } must
provide adequate notice regarding the procedure for review to a
person who makes a written objection to the calculation of a
system development charge.
SECTION 21. ORS 223.304 is amended to read:
223.304. (1)(a) Reimbursement fees shall be established or
modified by ordinance or resolution setting forth a methodology
that considers the cost of the existing facility or facilities,
prior contributions by existing users, gifts or grants from
federal or state government or private persons, the value of
unused capacity available to future system users, rate-making
principles employed to finance publicly owned capital
improvements and other relevant factors identified by the local
government imposing the fee.
(b) The methodology for establishing or modifying a
reimbursement fee shall:
(A) Promote the objective of future system users contributing
no more than an equitable share to the cost of existing
facilities.
(B) Be available for public inspection.
(2)(a) Improvement fees shall:
(A) Be established or modified by ordinance or resolution
setting forth a methodology that considers the cost of projected
capital improvements needed to increase the capacity of the
systems to which the fee is related.
(B) Be calculated to obtain the cost of capital improvements
for the projected need for available system capacity for future
users.
(b) The methodology for establishing or modifying improvement
fees shall be available for public inspection.
(3) The ordinance or resolution that establishes or modifies an
improvement fee shall also provide for a credit against such fee
for the construction of a qualified public improvement. A '
qualified public improvement' means a capital improvement that is
required as a condition of development approval, identified in
the plan adopted pursuant to ORS 223.309 and either:
(a) Not located on or contiguous to property that is the
subject of development approval; or
(b) Located in whole or in part on or contiguous to property
that is the subject of development approval and required to be
built larger or with greater capacity than is necessary for the
particular development project to which the improvement fee is
related.
(4)(a) The credit provided for in subsection (3) of this
section shall be only for the improvement fee charged for the
type of improvement being constructed, and credit for qualified
public improvements under subsection (3)(b) of this section may
be granted only for the cost of that portion of such improvement
that exceeds the { - government units - } { + local
government's + } minimum standard facility size or capacity
needed to serve the particular development project or property.
The applicant shall have the burden of demonstrating that a
particular improvement qualifies for credit under subsection
(3)(b) of this section.
(b) When the construction of a qualified public improvement
gives rise to a credit amount greater than the improvement fee
that would otherwise be levied against the project receiving
development approval, the excess credit may be applied against
improvement fees that accrue in subsequent phases of the original
development project. This subsection shall not prohibit a
{ - unit of government - } { + local government + } from
providing a greater credit, or from establishing a system
providing for the transferability of credits, or from providing a
credit for a capital improvement not identified in the plan
adopted pursuant to ORS 223.309, or from providing a share of the
cost of such improvement by other means, if a { - unit of - }
{ + local + } government so chooses.
(c) Credits shall be used in the time specified in the
ordinance but not later than 10 years from the date the credit is
given.
(5) Any { - unit of - } local government { + + }that
proposes to establish or modify a system development charge shall
maintain a list of persons who have made a written request for
notification prior to adoption or amendment of a methodology for
any system development charge.
(6) Written notice shall be mailed to persons on the list at
least 90 days prior to the first hearing to establish or modify a
system development charge, and the methodology supporting the
system development charge shall be available at least 60 days
prior to the first hearing. The failure of a person on the list
to receive a notice that was mailed does not invalidate the
action of the local government. The { - unit of - } local
government may periodically delete names from the list, but at
least 30 days prior to removing a name from the list must notify
the person whose name is to be deleted that a new written request
for notification is required if the person wishes to remain on
the notification list. Legal action intended to contest the
methodology used for calculating a system development charge may
not be filed after 60 days following adoption or modification of
the system development charge ordinance or resolution by the
local government. A person shall request judicial review of the
methodology used for calculating a system development charge only
as provided in ORS 34.010 to 34.100.
(7) A change in the amount of a reimbursement fee or an
improvement fee is not a modification of the system development
charge if the change in amount is based on the periodic
application of an adopted specific cost index or on a
modification to any of the factors related to rate that are
incorporated in the established methodology.
SECTION 22. ORS 223.307 is amended to read:
223.307. (1) Reimbursement fees shall be spent only on capital
improvements associated with the systems for which the fees are
assessed including expenditures relating to repayment of
indebtedness.
(2) Improvement fees shall be spent only on capacity increasing
capital improvements, including expenditures relating to
repayment of debt for such improvements. An increase in system
capacity may be established if a capital improvement increases
the level of performance or service provided by existing
facilities or provides new facilities. The portion of such
improvements funded by improvement fees must be related to
current or projected development.
(3) System development charges shall not be expended for costs
associated with the construction of administrative office
facilities that are more than an incidental part of other capital
improvements.
(4) Any capital improvement being funded wholly or in part with
system development charge revenues shall be included in the plan
adopted by a { - governmental unit - } { + local
government + } pursuant to ORS 223.309.
(5) Notwithstanding subsections (1) and (2) of this section,
system development charge revenues may be expended on the direct
costs of complying with the provisions of ORS 223.297 to 223.314,
including the costs of developing system development charge
methodologies and providing an annual accounting of system
development charge expenditures.
SECTION 23. ORS 223.309 is amended to read:
223.309. (1) Prior to the establishment of a system development
charge by ordinance or resolution, a { - governmental unit - }
{ + local government + } shall prepare a capital improvement
plan, public facilities plan, master plan or comparable plan that
includes a list of the capital improvements that may be funded
with improvement fee revenues and the estimated cost and timing
for each improvement.
(2) A { - governmental unit - } { + local government + }
that has prepared a plan and the list described in subsection (1)
of this section may modify such plan and list at any time.
SECTION 24. ORS 223.311 is amended to read:
223.311. (1) System development charge revenues shall be
deposited in accounts designated for such moneys. The
{ - governmental unit - } { + local government + } shall
provide an annual accounting, to be completed by January 1 of
each year, for system development charges showing the total
amount of system development charge revenues collected for each
system and the projects that were funded in the previous fiscal
year.
(2) The { - governmental unit - } { + local government + }
shall include in the annual accounting a list of the amount spent
on each project funded, in whole or in part, with system
development charge revenues.
SECTION 25. ORS 223.313 is amended to read:
223.313. (1) ORS 223.297 to 223.314 shall apply only to system
development charges in effect on or after July 1, 1991.
(2) The provisions of ORS 223.297 to 223.314 shall not be
applicable if they are construed to impair bond obligations for
which system development charges have been pledged or to impair
the ability of { - governmental units - } { + local
governments + } to issue new bonds or other financing as provided
by law for improvements allowed under ORS 223.297 to 223.314.
SECTION 26. ORS 223.317 is amended to read:
223.317. (1) Notwithstanding any other law, a
{ - governmental unit - } { + local government + } may
apportion a final assessment levied by it against a single tract
or parcel of real property among all the parcels formed from a
subsequent partition or other division of that tract or parcel,
if the subsequent partition or division is in accordance with ORS
92.010 to 92.190 and is consistent with all applicable
comprehensive plans as acknowledged by the Land Conservation and
Development Commission under ORS 197.251. The proportionate
distribution of a final assessment authorized under this
subsection may be made whenever the final assessment remains
wholly or partially unpaid, and full payment or an installment
payment is not due.
(2) A { - governmental unit - } { + local government + }
shall apportion a final assessment under this section when
requested to do so by any owner, mortgagee or lienholder of a
parcel of real property that was formed from the partition or
other division of the larger tract of real property against which
the final assessment was originally levied. When the deed,
mortgage or other instrument evidencing the applicant's ownership
or other interest in the parcel has not been recorded by the
county clerk of the county in which the parcel is situated, the
{ - governmental unit - } { + local government + } shall not
apportion the final assessment unless the applicant files a true
copy of that deed, mortgage or instrument with the
{ - governmental unit - } { + local government + }.
(3) Apportionment of a final assessment under this section
shall be done in accordance with an order or resolution of the
governing body of the { - governmental unit - } { + local
government + }. The order or resolution shall describe each
parcel of real property affected by the apportionment, the amount
of the final assessment levied against each parcel, the owner of
each parcel and such additional information as is required to
keep a permanent and complete record of the final assessments and
the payments thereon. A copy of the order or resolution shall be
filed with the recorder required to maintain the lien docket for
the { - governmental unit - } { + local government + }, who
shall make any necessary changes or entries in the lien docket
for the { - governmental unit - } { + local government + }.
SECTION 27. ORS 223.327 is amended to read:
223.327. A { - governmental unit which - } { + local
government that + } imposes final assessments shall adopt an
ordinance or other regulations establishing procedures for the
equitable apportionment of final assessments under ORS 223.317 to
223.327. The ordinance or regulations shall authorize the
{ - governmental unit - } { + local government + } to
establish fees reasonably calculated to reimburse it for its
actual costs in apportioning final assessments under ORS 223.317
to 223.327. The provisions of ORS 223.317 to 223.327 relating to
apportionment of final assessments shall apply to estimated
assessments with respect to any tract or parcel divided into
smaller parcels prior to the levy of the final assessment.
SECTION 28. ORS 223.389 is amended to read:
223.389. (1) The governing body of a { - governmental
unit - } { + local government + } may prescribe by ordinance or
resolution the procedure to be followed in making estimated
assessments and final assessments for benefits from a local
improvement upon the lots
{ - which - } { + that + } have been benefited by all or part
of the local improvement, to the extent that the charter of the
{ - governmental unit - } { + local government + } does not
prescribe the method of procedure. In addition, in any case
where the charter of a { - governmental unit - } { + local
government + } specifies a method of procedure that does not
comply or is not consistent with the requirements of the Oregon
Constitution, the governing body of the { - governmental
unit - } { + local government + } may prescribe by ordinance or
resolution the procedure { - which - } { + that + } shall
comply and be consistent with the requirements of the Oregon
Constitution, and the provisions of the ordinance or resolution
shall apply in lieu of the charter provisions.
(2)(a) The ordinance or resolution prescribing the procedure
shall provide for adoption or enactment of an ordinance or
resolution designating the local improvement as to which an
assessment is contemplated, describing the boundaries of the
district to be assessed. Provision shall be made for at least 10
days' notice to owners of property within the proposed district
in which the local improvement is contemplated. The notice may be
made by posting, by newspaper publication or by mail, or by any
combination of such methods. The notice shall specify the time
and place where the governing body will hear and consider
objections or remonstrances to the proposed local improvement by
any parties aggrieved thereby.
(b) If the governing body determines that the local improvement
shall be made, when the estimated cost thereof is ascertained on
the basis of the contract award or the departmental cost of the
{ - governmental unit - } { + local government + }, the
governing body shall determine whether the property benefited
shall bear all or a portion of the cost. The recorder or other
person designated by the governing body shall prepare the
estimated assessment to the respective lots within the assessment
district and file it in the appropriate office of the
{ - governmental unit - } { + local government + }. Notice of
the estimated assessment shall be mailed or personally delivered
to the owner of each lot proposed to be assessed. The notice
shall state the amounts of the estimated assessment proposed on
that property and shall fix a date by which time objections shall
be filed with the recorder. Any objection shall state the grounds
for the objection. The governing body shall consider the
objections and grounds and may adopt, correct, modify or revise
the estimated assessments.
(c) The governing body shall determine the amount of estimated
assessment to be charged against each lot within the district,
according to the special and peculiar benefits accruing to the
lot from the local improvement, and shall by ordinance or
resolution spread the estimated assessments.
SECTION 29. ORS 223.391 is amended to read:
223.391. If a notice is required to be sent to the owner of a
lot affected by a proposed assessment, the notice shall be
addressed to the owner or the owner's agent. If the address of
the owner or of the owner's agent is unknown to the recorder, the
recorder shall mail the notice addressed to the owner or the
owner's agent at the address where the property is located. Any
mistake, error, omission or failure with respect to the mailing
shall not be jurisdictional or invalidate the assessment
proceedings, but there shall be no foreclosure or legal action to
collect until notice has been given by personal service upon the
property owner, or, if personal service cannot be had, then by
publication once a week for two successive weeks in a newspaper
designated by the governing body and having general circulation
{ - in the governmental unit - } { + within the boundaries of
the local government + } where the property is located.
SECTION 30. ORS 223.393 is amended to read:
223.393. Estimated and final assessments shall become a lien
upon the property assessed from and after the passage of the
ordinance or resolution spreading the same and entry in
appropriate lien record of the { - governmental unit - } { +
local government + }. The estimated assessment lien shall
continue until the time the estimated assessment becomes a final
assessment. The
{ - governmental unit - } { + local government + } may
enforce collection of such assessments as provided by ORS 223.505
to 223.650.
SECTION 31. ORS 223.399 is amended to read:
223.399. The governing body of a { - governmental unit - }
{ + local government + } may impose additional procedural
requirements. The procedural provisions of ORS 223.387 to 223.399
shall apply only where the charter or an ordinance of a
{ - governmental unit - } { + local government + } does not
specify otherwise and the charter or ordinance provisions comply
and are consistent with the requirements of the Oregon
Constitution. The charter or ordinance provisions shall apply to
local improvements permitted by law. { - No governmental unit
shall - } { + A local government may not + } authorize a local
improvement prohibited by percentage of remonstrance or otherwise
under the charter of the { - governmental unit - } { + local
government + }.
SECTION 32. ORS 223.430 is amended to read:
223.430. After the proposed reassessment is filed in the office
of the recorder, the recorder shall give notice thereof by not
less than four successive publications in a newspaper published
in the city in which the principal offices of the
{ - governmental unit - } { + local government + } are
located and, if there is no newspaper published in the city, in a
newspaper to be designated by the governing body. The notice
shall show that the proposed reassessment is on file in the
office of the recorder, giving the date of the passage of the
resolution authorizing it, the boundaries of the district or a
statement of the property affected by the proposed reassessment,
and specifying the time and place where the governing body will
hear and consider objections to the proposed reassessment by any
parties aggrieved thereby.
SECTION 33. ORS 223.450 is amended to read:
223.450. When the reassessment is duly made it shall be entered
in the lien docket of the { - governmental unit - } { + local
government + }. All provisions for bonding and paying by
installments shall be applicable, and such liens of the
{ - governmental unit - } { + local government + } shall be
enforced and collected in the manner provided for collection of
liens for an original local improvement. All sums paid upon the
former final assessment or any previous reassessment shall be
credited to the property on account of which it was paid and as
of the date of payment.
SECTION 34. ORS 223.455 is amended to read:
223.455. In cases where a sale was made under the original
final assessment or any previous reassessment, with reference to
such local improvement, and the property was not redeemed from
the sale, the purchaser at the sale is subrogated to the rights
of the
{ - governmental unit - } { + local government + } with
reference to the property upon such reassessment if the purchaser
waives all penalties and interest, except such interest as may be
provided for on the reassessment, and delivers up for
cancellation any certificate or other evidence of the sale. If a
deed was issued at the sale, the grantee therein, or the heirs,
executors, administrators, successors or assigns of the grantee,
shall execute a deed of release and quitclaim of all right, title
and interest in the property under such sale to the owner of the
property and deliver the deed to the recorder, so that the
owner's title may be cleared of the sale. The recorder shall act
as escrow holder of such certificate or other evidence of sale
and of such deed pending completion of reassessment. If the
reassessment is not completed, the recorder shall return the
certificate or other evidence of sale and the deed to the person
delivering it to the recorder. If the reassessment is completed,
the certificate or other evidence of sale shall be canceled and
placed on file in the office of the recorder and the deed shall
be delivered to the owner of the property specified therein. If
any such purchaser, or the heirs, executors, administrators,
successors or assigns of such purchaser fails to comply with this
section, that person is not entitled to subrogation. In any
event, the amount of subrogation shall not exceed the amount
{ - which - } { + that + } has been paid to the
{ - governmental unit - } { + local government + } on such
sale, together with interest at the rate of six percent per annum
from the date of sale until the date of payment. This amount is
to be paid by the { - governmental unit - } { + local
government + } to the purchaser, or the heirs, executors,
administrators, successors or assigns of the purchaser if and
when the { - governmental unit - } { + local government + }
collects the amount of the reassessment against the property.
SECTION 35. ORS 223.485 is amended to read:
223.485. (1) The authority granted in ORS 223.405 to 223.455
{ - shall - } { + does + } not apply { - in - }
{ + to + } any { - governmental unit where the - } { + local
government if the local government has provided a + } method of
reassessment { - is provided - } by ordinance or charter.
(2) No proceedings for making a reassessment shall be
instituted after 20 years from the date when the first assessment
was entered on the lien docket.
SECTION 36. ORS 223.505 is amended to read:
223.505. As used in ORS 223.505 to 223.595, unless the context
requires otherwise, 'treasurer' means the officer designated by
charter or ordinance of the { - governmental unit - } { +
local government + } to collect unpaid liens or assessments, take
all steps necessary to enforce delinquent liens or assessments
and to maintain records pertaining to collection proceedings
thereon.
SECTION 37. ORS 223.510 is amended to read:
223.510. In addition to the method provided by law, ordinance
or the charter of any { - governmental unit - } { + local
government + } for the sale of real property for delinquent liens
or final assessments, every { - governmental unit - } { +
local government + } may cause the real property to be sold as
provided in ORS 223.510 to 223.590 for any final assessment, lien
or installment thereof at any time after one year from the date
such lien, final assessment or installment becomes due and
payable, if bonded; otherwise, at any time after 60 days from the
time it is entered in the lien docket of the
{ - governmental unit - } { + local government + }.
SECTION 38. ORS 223.515 is amended to read:
223.515. If any installment on any lien bonded, as provided by
law, ordinances or charter of the { - governmental unit - }
{ + local government + }, is delinquent for a period of one year
from the time it became due and payable, or at any time after 60
days from the time it became due and payable if not bonded, the
recorder may thereafter prepare and transmit to the treasurer a
list in tabular form, made up from the lien docket, describing
each lien, assessment or installment due on any bonded lien
{ - which - } { + that + } is so delinquent. The list shall
also contain the name of the person to whom assessed, a
particular description of the property, the amount of the lien or
final assessment or the amount of the installment due on any
bonded lien, and any other facts necessary to be given.
SECTION 39. ORS 223.520 is amended to read:
223.520. Upon receipt of the list described in ORS 223.515, the
treasurer shall proceed to collect the unpaid liens or final
assessments named in the list by advertising and selling the lots
or tracts in the manner now provided by law for the sale of real
property on execution, except as otherwise provided in ORS
223.525 to 223.580 and except that sale may be made at such place
within the { - corporate limits of such governmental unit - }
{ + boundaries of the local government + } as may be designated
in the notice of sale.
SECTION 40. ORS 223.530 is amended to read:
223.530. A sale of real property under ORS 223.505 to 223.590
conveys to the purchaser, subject to redemption as provided in
ORS 223.565 to 223.590, all estates, interests, liens or claims
therein or thereto of any persons, together with all rights and
appurtenances thereunto belonging, excepting only the lien of a
{ - governmental unit - } { + local government + } on such
assessments or liens as are not included in the foreclosure
proceedings.
SECTION 41. ORS 223.545 is amended to read:
223.545. If no bid is received for the sale of the property,
the { - governmental unit - } { + local government + } may
purchase the property by bidding therefor the amount of the lien
or liens and the cost of advertising and sale. The property may
be struck off and sold to the { - governmental unit - } { +
local government + } without actual payment of money.
SECTION 42. ORS 223.565 is amended to read:
223.565. (1) The owner, or legal representatives of the owner,
or the successor in interest of the owner, or any person having a
lien by judgment, decree or mortgage, or owner of a tax lien, on
any property sold by virtue of ORS 223.520 may redeem it upon
conditions provided in this section. Redemption of any real
property sold for a delinquent final assessment or lien under the
provisions of ORS 223.505 to 223.590 may be made by paying to the
treasurer, at any time within one year from the date of the
certificate of sale, the purchase price and 10 percent thereof as
penalty, and interest on the purchase price at the rate of 10
percent per annum, from the date of the certificate. Where
redemption is made by the holder of a tax lien the holder may
have such redemption noted upon the record of the lien in like
manner and with like effect as prescribed in this section. Such
redemption shall discharge the property so sold from the effect
of the sale and, if made by a lien creditor, the amount paid for
the redemption shall thereafter be deemed a part of the judgment,
decree, mortgage or tax lien, as the case may be, and shall bear
like interest, and may be enforced and collected as a part
thereof.
(2) Anyone applying or seeking to redeem property sold under
the provisions of ORS 223.505 to 223.590 must pay or offer to pay
the sum necessary in lawful money of the United States.
(3) When an individual purchases real property at a foreclosure
sale under ORS 223.505 to 223.590, if, with the approval of the
{ - governmental unit - } { + local government + }, that
purchaser incurs costs for maintaining or improving the property
during the period allowed for redemption and if the property is
subsequently redeemed, the treasurer may return all or part of
the penalty paid by the person redeeming the property to the
purchaser as provided by charter or ordinance of the
{ - governmental unit - } { + local government + }.
SECTION 43. ORS 223.575 is amended to read:
223.575. The effect of the deed shall be to convey to the
grantee therein named the legal and equitable title in fee
simple, to the real property described in the deed, excepting
only the lien of a { - governmental unit - } { + local
government + } on such assessments or liens as were not included
in the foreclosure proceedings. The deed shall be prima facie
evidence of title in the grantee, except as stated in this
section, and that all proceedings and acts necessary to make such
deed in all respects good and valid have been had and done. Such
prima facie evidence shall not be disputed, overcome or rebutted,
or the effect thereof avoided, except by satisfactory proof of
either:
(1) Fraud in making the final assessment or in the final
assessment, or in the procuring of the lien.
(2) Payment of the final assessment or lien before sale or
redemption after sale.
(3) That payment or redemption was prevented by fraud of the
purchaser.
(4) That the property was sold for a lien or final assessment
for which neither the property nor its owner, at the time of
sale, was liable, and that no part of the final assessment or
lien was assessed or levied upon the property sold.
SECTION 44. ORS 223.593 is amended to read:
223.593. (1) Notwithstanding ORS 223.565 and 223.650, when a
{ - governmental unit - } { + local government + } sells real
property under ORS 223.510 to 223.590 or pursuant to a decree of
foreclosure entered in an action authorized by ORS 223.610 for
neglect or refusal by the owner to pay installments under ORS
223.265, the property may be redeemed as provided in this section
by the owner, a legal representative or a successor in interest
or by any other person having a lien on the property.
(2) Redemption of such real property may be made by paying to
the treasurer of the { - governmental unit - } { + local
government + }, at any time within one year after the date of
sale, the following amounts:
(a) The purchase price at the foreclosure sale and 10 percent
thereof as penalty;
(b) The amount of any taxes, assessments or liens upon the
property that are paid after the sale by the purchaser at the
sale; and
(c) Interest on the amounts paid under paragraphs (a) and (b)
of this subsection at a rate of 10 percent per annum from the
respective times of the payments of the purchase price, taxes,
assessments or liens to the date of redemption.
(3) A redemption of property under this section shall be made
for cash.
SECTION 45. ORS 223.594 is amended to read:
223.594. (1) When water service is provided to a multifamily
building with five or more units with a single water meter, the
owner of the real property shall be considered the user of the
water. If payment for such water is not made when due and the
water service has not been shut off or will not be shut off, the
municipal utility may place a lien on the premises to which water
service was provided for the amount due for such service.
(2) When requested by the property owner and authorized by the
municipal utility, a single water meter may serve several parcels
of real property owned by the same owner. The owner of those
parcels of real property shall be considered the user of the
water. If payment for such water is not made when due and the
water has not been shut off or will not be shut off, the
municipal utility providing such service may place a lien on the
real property to which water service was provided for the amount
due for such service.
(3) At any time after 60 days from the time the lien is entered
in the lien docket of the { - governing unit - } { + local
government + }, in addition to any method provided by law,
ordinance or the charter of any { - governmental unit - } { +
local government + }, the lien may be foreclosed in the manner
provided under ORS 223.510 to 223.595.
SECTION 46. ORS 223.610 is amended to read:
223.610. In addition to methods now provided by law, charters,
ordinances or acts of incorporation for the foreclosure or
collection of liens, any { - governmental unit - } { + local
government + } may foreclose any lien lawfully levied or assessed
by it, by suit in equity in the circuit court of the county in
which the
{ - governmental unit - } { + local government + } is
located.
SECTION 47. ORS 223.615 is amended to read:
223.615. In any action authorized by ORS 223.610, the court may
award reasonable attorney fees to the { - government unit - }
{ + local government + } bringing the action if the
{ - government unit - } { + local government + } prevails in
the action. The court may award reasonable attorney fees to a
defendant who prevails in the action if the court determines that
the { - government unit - } { + local government + } had no
objectively reasonable basis for asserting the claim or no
reasonable basis for appealing an adverse decision of the trial
court.
SECTION 48. ORS 223.625 is amended to read:
223.625. In any suit authorized by ORS 223.610, the
{ - governmental unit - } { + local government + } may
include any number of lots upon which it has delinquent liens
though the liens may have been levied under the same or different
ordinances or resolutions. Any number of different delinquent
liens may be foreclosed upon the same lot in one suit. If there
is more than one delinquent lien on any lot, the various amounts
thereof, including accrued interest, penalties, costs and
attorney fees, shall be added together and the total thereof
shall be deemed the amount of the lien for which the lot is to be
sold.
SECTION 49. ORS 223.640 is amended to read:
223.640. In any suit authorized by ORS 223.610, it shall be a
sufficient allegation of jurisdictional facts authorizing the
{ - governmental unit - } { + local government + } to make
and levy any lien if the complaint alleges in general terms that
the local improvement was made in the manner and as provided by
law, by the
{ - governmental unit's - } { + local government's + }
charter, ordinances, resolutions, or any of them, relating to
such local improvement. It is not necessary to specifically set
forth in the complaint any such charter provisions, ordinances or
resolutions.
SECTION 50. ORS 223.645 is amended to read:
223.645. The { - governmental unit - } { + local
government + } may bid at the sale on execution of the property
involved in the foreclosure suit any amount not exceeding the sum
found by the decree of the court to be due upon the
{ - governmental unit's - } { + local government's + } lien,
together with interest, costs, penalties and attorney fees, and
it may credit the amount of its bid upon the execution.
SECTION 51. ORS 223.705 is amended to read:
223.705. Subject to the prior approval of the governing body of
the { - governmental unit - } { + local government + }, the
owner of any property assessed for local improvements under state
law or under the charter of any { - governmental unit - } { +
local government + }, and in cases where a final assessment for
local improvement has been bonded and entered in the bond lien
docket as authorized by ORS 223.205 and 223.210 to 223.295 or the
charter and the bonded assessment has not been fully paid, may
file with the auditor, clerk or other officer charged with the
keeping of records of the
{ - governmental unit - } { + local government + } an
application for rebonding the original assessment in the amount
due and unpaid thereon. The auditor, clerk or other officer
charged with keeping the records of the { - governmental
unit - } { + local government + } may accept these
applications. If there is more than one final assessment on the
same piece of property, the owner may combine them in one
application.
SECTION 52. ORS 223.710 is amended to read:
223.710. (1) The applications for rebonding shall be in the
same form and preserved as original bonding applications. The
officer charged with keeping the records of the
{ - governmental unit - } { + local government + } shall keep
the bonding applications in convenient form for examination. The
officer shall enter in a docket kept for that purpose a
description of each lot or parcel of land against which the
rebonding assessment is made, or which bears or is chargeable for
the cost of the local improvement, with the name of the then
owner and the total amount of unpaid final assessments rebonded.
(2) The total amount to be rebonded against any lot or parcel
of land must be $25 or more. The owner shall tender and pay with
the application all accrued interest due on the bonded assessment
to the first of the month preceding the date of application.
(3) No application for rebonding shall be received unless the
taxes for any quarter of the current year then due and payable,
together with the entire amount of taxes of the year immediately
preceding the year in which the application is filed, have been
fully paid and evidence of such payment satisfactory to the
officer receiving the application is produced at the time of
making the application.
SECTION 53. ORS 223.715 is amended to read:
223.715. The amount of the assessment to be rebonded shall
constitute a new principal and shall be paid in such number of
equal periodic installments as the governing body of the
{ - governmental unit - } { + local government + } may
determine, with interest thereon at the rate per annum determined
by the governing body of the { - governmental unit - } { +
local government + } under ORS 223.215.
SECTION 54. ORS 223.720 is amended to read:
223.720. The amount of the unpaid rebonded assessments entered
in the rebonding assessment docket, with interest on unpaid
rebonded assessments at the rate per annum determined by the
governing body of the { - governmental unit - } { + local
government + } under ORS 223.215, against each such lot or parcel
of land, shall stand as a lien in favor of the { - governmental
unit - } { + local government + } until the rebonded
assessments and interest are paid. A rebonding assessment lien
shall have the same priority as all other liens relating to
assessments for local improvements.
SECTION 55. ORS 223.725 is amended to read:
223.725. Each { - governmental unit - } { + local
government + } may, by ordinance or resolution of its governing
body from time to time, issue and sell pursuant to rebonding
applications, bonds of the tenor of those designated in ORS
223.235, in an amount not exceeding the total amount of such
applications.
SECTION 56. ORS 223.735 is amended to read:
223.735. The bonds and the amount thereof authorized pursuant
to ORS 223.705 shall not be counted in calculating the limited
indebtedness of any { - governmental unit - } { + local
government + }, fixed either by its charter, ORS 223.295, by any
law, or by the Constitution of this state, but shall be in excess
thereof and excluded from such debt limitations.
SECTION 57. ORS 223.745 is amended to read:
223.745. The power granted by ORS 223.705 to 223.750 is vested
in each { - governmental unit - } { + local government + }
and is self-operating therein without further necessity of
enacting charter or ordinance provisions incorporating the terms
of those sections.
SECTION 58. ORS 223.750 is amended to read:
223.750. (1) Each { - governmental unit - } { + local
government + }, through its governing body, may provide, by such
ordinances, rules and regulations as may be needed, for accepting
rebonding applications, issuing bonds and otherwise carrying out
the terms of ORS 223.705 to 223.750; and may, by such ordinance
and in conformity with ORS 223.715, determine the interest rate
to be charged property owners who apply to rebond liens as
provided by those sections.
(2) No error or omission in rebonding liens shall invalidate or
impair the original bonded lien.
SECTION 59. ORS 223.755 is amended to read:
223.755. (1) As used in this section, 'bonded assessment '
means any assessment for a local improvement levied by any
{ - governmental unit - } { + local government + } where
application to pay such assessment in installments has been filed
with the { - governmental unit - } { + local government + }
levying it.
(2) After approval by the governing body of any
{ - governmental unit - } { + local government + }, the owner
of any property, against which there is outstanding any
delinquent bonded assessment, at any time before the property
affected by the assessment has been sold for the collection
thereof as provided by law, may pay any delinquent installment of
the bonded assessment, together with the amount of interest due
thereon as provided by the law governing the same, plus the cost
of advertising the property for sale and a penalty of three
percent on the amount of the delinquent installment so paid.
(3) The power granted by subsection (2) of this section is
vested in each { - governmental unit - } { + local
government + } and is self-operating therein without the
necessity of amending the charter thereof incorporating the terms
of this section.
(4) The governing body of each { - governmental unit - }
{ + local government + } may, in its discretion, by ordinance,
make the provisions of this section applicable to delinquent
bonded assessments levied by it and outstanding against property
in the
{ - governmental unit - } { + local government + }.
SECTION 60. ORS 223.765 is amended to read:
223.765. Any { - governmental unit - } { + local
government + } may, by ordinance duly passed by its governing
body, authorize the acceptance by such { - governmental
unit - } { + local government + } of the general obligation
bonds or interest coupons attached, or both, of the
{ - governmental unit - } { + local government + }, in payment
of all or any part of special assessment liens, interest or
penalties of or payable to the { - governmental unit - } { +
local government + }.
SECTION 61. ORS 223.770 is amended to read:
223.770. (1) Whenever all or any part of the cost of public
improvements made by any { - governmental unit - } { + local
government + } is to be assessed to the property benefited
thereby, benefited property owned by the { - governmental unit,
city, county, school districts, state and any political
subdivision thereof - } { + local government or any other
public body as defined in ORS 174.109 + } shall be assessed the
same as private property and the amount of the assessment shall
be paid by the { - governmental unit, city, school districts,
county or state, as the case may be - } { + public body + },
provided that the costs of the improvements are, in any given
case, of the type that may be bonded under ORS 223.205 and
223.210 to 223.215.
(2) In the case of property owned by the state, the amount of
the assessment shall be certified by the treasurer and filed with
the Oregon Department of Administrative Services as a claim for
reference to the Legislative Assembly in the manner provided by
ORS 293.316, unless funds for the payment of the assessment have
been otherwise provided by law.
SECTION 62. ORS 223.775 is amended to read:
223.775. (1) As used in subsections (2) to (5) of this section:
(a) 'Cemetery authority' means a nonprofit cemetery or
crematory corporation.
(b) 'Sale' includes a contract of sale as well as a sale.
(2) Notwithstanding the provisions of ORS 65.855 to 65.875 or
any other provision of law, whenever all or any part of the cost
of a street, curb or sidewalk improvement made by a
{ - governmental unit - } { + local government + } is to be
assessed to the property benefited thereby, benefited property
owned and platted for cemetery or crematory purposes by a
cemetery authority shall be assessed the same as private
property. The amount of the assessment shall be paid by the
cemetery authority as provided in this section.
(3)(a) Within 60 days after the date the ordinance levying the
initial assessment is enacted by the { - governmental unit - }
{ + local government + }, the cemetery authority shall furnish
the { - governmental unit - } { + local government + } with a
list of platted burial lots within the benefited property unsold
on the date such ordinance was enacted. Until such assessment is
paid in full, whenever additional burial lots are platted within
the benefited property, the cemetery authority shall furnish the
{ - governmental unit - } { + local government + } with a list
of such additional lots at the time the plat thereof is recorded.
(b) Out of the first funds received for the sales price of any
of such lots, the cemetery authority after setting aside
perpetual care and maintenance funds as required by law or
otherwise shall credit five percent of such sales price to a
special account for the payment of the assessment until a sum
equal to the assessment and any interest due thereon has been so
credited.
(4) All funds accumulated in the special account for the
payment of assessments shall be paid semiannually to the
{ - governmental unit - } { + local government + } levying
such assessment, the first payment to be made six months after
the date the final assessment was levied and succeeding payments
each six months thereafter until such assessment and any interest
due thereon, as provided in this subsection, is paid in full. Any
funds in such account that are not paid to the { - governmental
unit - } { + local government + } when due shall bear interest
at the rate of seven percent per annum from the due date until
paid to the
{ - governmental unit - } { + local government + }.
(5) Platted property of a cemetery authority subject to an
assessment as provided in this section is exempt from execution
for collection of any such assessment while such property is held
by a cemetery authority for cemetery or crematory purposes. Any
such assessment levied against a cemetery authority shall be
payable only from the funds received for the sale of lots listed
with the { - governmental unit - } { + local government + }
as required by subsection (3) of this section. Except as provided
in subsection (4) of this section, interest shall not be due on
the unpaid balance of any such assessment.
SECTION 63. ORS 310.140 is amended to read:
310.140. The Legislative Assembly finds that section 11b,
Article XI of the Oregon Constitution, was drafted by citizens
and placed before the voters of the State of Oregon by initiative
petition. Section 11b, Article XI of the Oregon Constitution,
uses terms that do not have established legal meanings and
require definition by the Legislative Assembly. Section 11b,
Article XI of the Oregon Constitution, was amended by section 11
(11), Article XI of the Oregon Constitution. This section is
intended to interpret the terms of section 11b, Article XI of the
Oregon Constitution, as originally adopted and as amended by
section 11 (11), Article XI of the Oregon Constitution,
consistent with the intent of the people in adopting these
provisions, so that the provisions of section 11b, Article XI of
the Oregon Constitution, may be given effect uniformly throughout
the State of Oregon, with minimal confusion and misunderstanding
by citizens and affected units of government. As used in the
revenue and tax laws of this state, and for purposes of section
11b, Article XI of the Oregon Constitution:
(1) 'Tax on property' means any tax, fee, charge or assessment
imposed by any government unit upon property or upon a property
owner as a direct consequence of ownership of that property, but
does not include incurred charges or assessments for local
improvements. As used in this subsection, 'property' means real
or tangible personal property, and intangible property that is
part of a unit of real or tangible personal property to the
extent that such intangible property is subject to a tax on
property.
(2) 'Direct consequence of ownership' means that the obligation
of the owner of property to pay a tax arises solely because that
person is the owner of the property, and the obligation to pay
the tax arises as an immediate and necessary result of that
ownership without respect to any other intervening transaction,
condition or event.
(3)(a) 'Incurred charge' means a charge imposed by a unit of
government on property or upon a property owner that does not
exceed the actual cost of providing goods or services and that
can be controlled or avoided by the property owner because:
(A) The charge is based on the quantity of the goods or
services used, and the owner has direct control over the
quantity;
(B) The goods or services are provided only on the specific
request of the property owner; or
(C) The goods or services are provided by the government unit
only after the individual property owner has failed to meet
routine obligations of ownership of the affected property, and
such action is deemed necessary by an appropriate government unit
to enforce regulations pertaining to health or safety.
(b) For purposes of this subsection, an owner of property may
control or avoid an incurred charge if the owner is capable of
taking action to affect the amount of a charge that is or will be
imposed or to avoid imposition of a charge even if the owner must
incur expense in so doing.
(c) For purposes of paragraph (a)(A) of this subsection, an
owner of property has direct control over the quantity of goods
or services if the owner of property has the ability, whether or
not that ability is exercised, to determine the quantity of goods
or services provided or to be provided.
(4) 'Specific request' means:
(a) An affirmative act by a property owner to seek or obtain
delivery of goods or services;
(b) An affirmative act by a property owner, the legal
consequence of which is to cause the delivery of goods or
services to the property owner; or
(c) Failure of an owner of property to change a request for
goods or services made by a prior owner of the property.
(5) 'Routine obligations of ownership' means a standard of
operation, maintenance, use or care of property established by
law, or if established by custom or common law, a standard that
is reasonable for the type of property affected.
(6) 'Assessment for local improvement' means any tax, fee,
charge or assessment that does not exceed the actual cost
incurred by a unit of government for design, construction and
financing of a local improvement.
(7)(a) 'Local improvement' means a capital construction
project, or part thereof, undertaken by a { - governmental
unit - } { + local government + }, pursuant to ORS 223.387 to
223.399, or pursuant to a local ordinance or resolution
prescribing the procedure to be followed in making local
assessments for benefits from a local improvement upon the lots
that have been benefited by all or a part of the improvement:
(A) That provides a special benefit only to specific properties
or rectifies a problem caused by specific properties;
(B) The costs of which are assessed against those properties in
a single assessment upon the completion of the project; and
(C) For which the property owner may elect to make payment of
the assessment plus appropriate interest over a period of at
least 10 years.
(b) For purposes of paragraph (a) of this subsection, the
status of a capital construction project as a local improvement
is not affected by the accrual of a general benefit to property
other than the property receiving the special benefit.
(8) 'Single assessment' means the complete assessment process,
including preassessment, assessment or reassessment, for any
local improvement authorized by ORS 223.387 to 223.399, or a
local ordinance or resolution that provides the procedure to be
followed in making local assessments for benefits from a local
improvement upon lots that have been benefited by all or part of
the improvement.
(9) 'Special benefit only to specific properties' shall have
the same meaning as 'special and peculiar benefit' as that term
is used in ORS 223.389.
(10) 'Actual cost' means all direct or indirect costs incurred
by a government unit in order to deliver goods or services or to
undertake a capital construction project. The ' actual cost' of
providing goods or services to a property or property owner
includes the average cost or an allocated portion of the total
amount of the actual cost of making a good or service available
to the property or property owner, whether stated as a minimum,
fixed or variable amount. 'Actual cost' includes, but is not
limited to, the costs of labor, materials, supplies, equipment
rental, property acquisition, permits, engineering, financing,
reasonable program delinquencies, return on investment, required
fees, insurance, administration, accounting, depreciation,
amortization, operation, maintenance, repair or replacement and
debt service, including debt service payments or payments into
reserve accounts for debt service and payment of amounts
necessary to meet debt service coverage requirements.
(11) 'Bonded indebtedness' means any formally executed written
agreement representing a promise by a unit of government to pay
to another a specified sum of money, at a specified date or dates
at least one year in the future.
(12)(a) 'Exempt bonded indebtedness' means:
(A) Bonded indebtedness authorized by a specific provision of
the Oregon Constitution;
(B) Bonded indebtedness incurred or to be incurred for capital
construction or capital improvements that was issued as a general
obligation of the issuing governmental unit on or before November
6, 1990;
(C) Bonded indebtedness incurred or to be incurred for capital
construction or capital improvements that was issued as a general
obligation of the issuing governmental unit after November 6,
1990, with the approval of the electors of the issuing
governmental unit; or
(D) Bonded indebtedness incurred or to be incurred for capital
construction or capital improvements, if the issuance of the
bonds is approved by voters on or after December 5, 1996, in an
election that is in compliance with the voter participation
requirements of section 11 (8), Article XI of the Oregon
Constitution.
(b) 'Exempt bonded indebtedness' includes bonded indebtedness
issued to refund or refinance any bonded indebtedness described
in paragraph (a) of this subsection.
(13) 'Capital construction':
(a) For bonded indebtedness issued prior to December 5, 1996,
and for the proceeds of any bonded indebtedness approved by
electors prior to December 5, 1996, that were spent or
contractually obligated to be spent prior to June 20, 1997, means
the construction, modification, replacement, repair, remodeling
or renovation of a structure, or addition to a structure, that is
expected to have a useful life of more than one year, and
includes, but is not limited to:
(A) Acquisition of land, or a legal interest in land, in
conjunction with the capital construction of a structure.
(B) Acquisition, installation of machinery or equipment,
furnishings or materials that will become an integral part of a
structure.
(C) Activities related to the capital construction, such as
planning, design, acquisition of interim or permanent financing,
research, land use and environmental impact studies, acquisition
of permits or licenses or other services connected with the
construction.
(D) Acquisition of existing structures, or legal interests in
structures, in conjunction with the capital construction.
(b) For bonded indebtedness issued on or after December 5,
1996, except for the proceeds of any bonded indebtedness approved
by electors prior to December 5, 1996, that were spent or
contractually obligated to be spent before June 20, 1997, has the
meaning given that term in paragraph (a) of this subsection,
except that 'capital construction':
(A) Includes public safety and law enforcement vehicles with a
projected useful life of five years or more; and
(B) Does not include:
(i) Maintenance and repairs, the need for which could be
reasonably anticipated;
(ii) Supplies and equipment that are not intrinsic to the
structure; or
(iii) Furnishings, unless the furnishings are acquired in
connection with the acquisition, construction, remodeling or
renovation of a structure, or the repair of a structure that is
required because of damage or destruction of the structure.
(14) 'Structure' means any temporary or permanent building or
improvement to real property of any kind that is constructed on
or attached to real property, whether above, on or beneath the
surface.
(15) 'Capital improvements':
(a) For bonded indebtedness issued prior to December 5, 1996,
and for the proceeds of any bonded indebtedness approved by
electors before December 5, 1996, that were spent or
contractually obligated to be spent before June 20, 1997, means
land, structures, facilities, as that term is defined in ORS
288.805, machinery, equipment or furnishings having a useful life
longer than one year.
(b) For bonded indebtedness issued on or after December 5,
1996, except for the proceeds of any bonded indebtedness approved
by electors prior to December 5, 1996, that were spent or
contractually obligated to be spent before June 20, 1997, has the
meaning given that term in paragraph (a) of this subsection,
except that 'capital improvements':
(A) Includes public safety and law enforcement vehicles with a
projected useful life of five years or more; and
(B) Does not include:
(i) Maintenance and repairs, the need for which could be
reasonably anticipated;
(ii) Supplies and equipment that are not intrinsic to the
structure; or
(iii) Furnishings, unless the furnishings are acquired in
connection with the acquisition, construction, remodeling or
renovation of a structure, or the repair of a structure that is
required because of damage or destruction of the structure.
(16) 'Maintenance and repairs, the need for which could be
reasonably anticipated':
(a) Means activities, the type of which may be deducted as an
expense under the provisions of the federal Internal Revenue
Code, as amended and in effect on December 31, 2000, and that
keep the property in ordinarily efficient operating condition,
and that do not add materially to the value of the property nor
appreciably prolong the life of the property;
(b) Does not include maintenance and repair of property that is
required by damage, destruction or defect in design, or that was
otherwise not reasonably expected at the time the property was
constructed or acquired, or the addition of material that is in
the nature of the replacement of property and that arrests the
deterioration or appreciably prolongs the useful life of the
property; and
(c) Does not include street and highway construction, overlay
and reconstruction.
(17) 'Supplies and equipment intrinsic to a structure ' means
the supplies and equipment that are necessary to permit a
structure to perform the functions for which the structure was
constructed, or that will, upon installation, constitute fixtures
considered to be part of the real property that is comprised, in
whole or part, of the structure and land supporting the
structure.
(18) 'Projected useful life' means the useful life, as
reasonably estimated by the unit of government undertaking the
capital construction or capital improvement project, beginning
with the date the property was acquired, constructed or
reconstructed and based on the property's condition at the time
the property was acquired, constructed or reconstructed.
SECTION 64. ORS 371.655 is amended to read:
371.655. (1) Except as provided in subsection (2) of this
section, 30 days after the assessment is certified, the entire
amount against each parcel of land shall be due and payable at
the office designated by the governing body of the county and, if
not so paid, shall be delinquent from that date and shall bear
interest at a rate established by the governing body of the
county.
(2) The owner of property assessed under ORS 371.605 to 371.660
shall have the right to apply for installment payment of the
assessment as provided in ORS 223.210.
(3) The provisions of ORS 223.205 and 223.210 to 223.314
(Bancroft Bonding Act) and 223.770 relating to the assessment of
property benefited by public improvements and to the issuance of
bonds and other obligations for the cost of the improvements
shall apply in so far as practicable and applicable in relation
to the assessment by counties of the cost or any portion of the
cost of improvements against the property benefited in accordance
with ORS 371.605 to 371.660 and to the issuance of bonds and
other obligations by the county. However, notwithstanding the
provisions of ORS 223.295, in issuing bonds and other obligations
under the provisions of this section, a county may incur
indebtedness to an amount not exceeding .0375 of the latest real
market valuation of the county.
(4) Where, in ORS 223.205 to 223.314 and 223.770, officials of
{ - governmental units - } { + local governments + } are
referred to, the corresponding officials of counties where
applicable and unless otherwise designated by charter shall
perform the required functions.
{ +
PEOPLE'S UTILITY DISTRICTS + }
SECTION 65. ORS 261.010 is amended to read:
261.010. As used in this chapter, unless otherwise required by
the context:
(1) 'People's utility district' or 'district' means an
incorporated people's utility district, created under the
provisions of this chapter.
{ - (2) 'Municipality' means an incorporated city or town
with a council or legislative body. - }
{ - (3) - } { + (2) + } 'Board of directors,' 'directors'
or 'board ' means the governing body of a people's utility
district, elected and functioning under the provisions of this
chapter.
{ - (4) - } { + (3) + } 'Parcel of territory' means a
portion of unincorporated territory, or an area in a
{ - municipality - } { + city + } comprised of less than the
entire { - municipality - } { + city + }.
{ - (5) - } { + (4) + } 'Separate parcel of territory'
means unincorporated territory that is not contiguous to other
territory that is a part of a district or that is described in a
petition filed with the county clerk in pursuance of the
provisions of this chapter, but when a proposed district includes
territory in more than one county, the contiguous territory in
each such county shall be considered as a separate parcel of
territory. When a proposed district includes any area in a
{ - municipality - } { + city + } comprised of less than the
entire { - municipality - } { + city + }, that area shall be
considered as a separate parcel of territory.
{ - (6) - } { + (5) + } 'Utility' means a plant, works or
other property used for development, generation, storage,
distribution or transmission of electric energy produced from
resources including, but not limited to, hydroelectric, pump
storage, wave, tidal, wind, solid waste, wood, straw or other
fiber, coal or other thermal generation, geothermal or solar
resources, or development or transmission of water for domestic
or municipal purposes, waterpower or electric energy, but
transmission of water shall not include water for irrigation or
reclamation purposes, except as secondary to and when used in
conjunction with a hydroelectric plant.
{ - (7) - } { + (6) + } 'Initial utility system' means a
complete operating utility system, including energy efficiency
measures and installations within the district or proposed
district, capable of supplying the consumers required to be
served by the district at the time of acquisition or construction
with all of their existing water or electrical energy needs.
{ - (8) - } { + (7) + } 'Electric cooperative' means a
cooperative corporation owning and operating an electric
distribution system.
{ - (9) - } { + (8) + } 'Affected territory' means that
territory proposed to be formed into, annexed to or consolidated
with a district.
{ - (10) - } { + (9) + } 'Electors' petition' means a
petition addressed to the county governing body and filed with
the county clerk, containing the signatures of electors
registered in the affected territory, equal to not less than
three percent of the total number of votes cast for all
candidates for Governor within the affected territory at the most
recent election at which a candidate for Governor was elected to
a full term, setting forth and particularly describing the
boundaries of the parcel of territory, separate parcels of
territory, { - municipality - } { + city + } and district, or
any of them, referred to therein, and requesting the county
governing body to call an election to be held within the
boundaries of the parcel of territory, separate parcels of
territory, { - municipality - } { + city + } and district, or
any of them, for the formation of a district, the annexation of a
parcel of territory or a { - municipality - } { + city + } to
a district, or the consolidation of two or more districts.
{ - (11) - } { + (10) + } 'County governing body' means
either the county court or board of county commissioners and, if
the affected territory is composed of portions of two or more
counties, the governing body of that county having the greatest
portion of the assessed value of all taxable property within the
affected territory, as shown by the most recent assessment roll
of the counties.
{ - (12) - } { + (11) + } 'Replacement value of
unreimbursed investment ' means original cost new less
depreciation of capitalized energy efficiency measures and
installations in the premises of customers of an investor owned
utility.
SECTION 66. ORS 261.030 is amended to read:
261.030. Nothing contained in this chapter authorizes or
empowers the board of directors of any { + people's utility + }
district to interfere with or exercise any control over any
existing utility owned and operated by any electric cooperative
or
{ - municipality - } { + city + } in the district unless by
consent of the governing body of the electric cooperative or of
the city council or the governing body of the { - municipally
owned - } plant { + owned by a city + }, when the control of
the { - municipally owned - } plant is vested in a governing
body other than the city council or governing body of the
{ - municipality - } { + city + }. However a district may
participate fully with electric cooperatives and
{ - municipally owned - } utilities { + owned by cities + }
in the formation and operation of joint operating agencies for
electric power under ORS chapter 262.
SECTION 67. ORS 261.035 is amended to read:
261.035. Nothing in this chapter modifies in any manner any
charter provisions of any { - incorporated - } city { - or
town - } , or prohibits any { - municipality - } { + city + }
from acquiring and operating its own plant.
SECTION 68. ORS 261.105 is amended to read:
261.105. (1) People's utility districts may be created as
provided in this chapter. { - When so created, they - } { + A
people's utility district + }may exercise all powers conferred
by this chapter.
(2) When a majority of all votes cast, at an election within
the boundaries of any proposed district to determine whether or
not the district is to be formed, { - favor - }
{ + favors + } formation, the district shall be created.
(3) In any election to annex a { - municipality - } { +
city + } or separate parcel of territory to an existing district,
or to consolidate two or more existing districts, an affirmative
vote of a majority of the votes cast from each
{ - municipality - } { + city + } or separate parcel of
territory or district voting to annex or consolidate, shall be
required to authorize the annexation or consolidation.
(4) Annexation to an existing district shall be subject to the
provisions of ORS 198.720 (2).
SECTION 69. ORS 261.110 is amended to read:
261.110. (1) People's utility districts may consist of
territory, contiguous or otherwise, within one or more counties,
and may consist of { - a municipality or municipalities - }
{ + one or more cities + }, or a portion of a
{ - municipality - } { + city + }, with or without
unincorporated territory.
(2) Petitions asking that an election be held to determine
whether or not a district shall be created shall set forth and
particularly describe the boundaries of the proposed people's
utility district, and shall state that in the event the people
within any one or more { - municipalities - } { + cities + }
or separate parcels of territory within the proposed district
vote against its formation, then that portion of the district
which voted in favor of organization of a people's utility
district may be organized into the district.
(3) The name of { - any municipality shall be - } { + a
city is + } a sufficient description of its boundaries.
(4) When any { - municipality - } { + city + } or separate
parcel of territory voting at a formation election casts a
majority vote against formation of the district, the
{ - municipality - } { + city + } or separate parcel of
territory shall not be included in any district formed as a
result of the election.
(5) { - No municipality that owns and operates or - } { + A
city that + } owns or operates a publicly owned utility for
development or distribution { - , or both, - } of electric
energy or the { + + }territory { - it serves - } { + served
by the city + } within or without the boundaries of
{ - such municipality - } { + the city + } at the time of a
proposed formation of a people's utility district { - shall - }
{ + may not + } be included in any election for { - such - }
{ + the + } formation { + of the district + } unless the
inclusion is agreed to at an election by the electors of
{ - such municipality - } { + the city + }.
(6) No entire township, except when needed for location of
plant or impounding purposes, or both, shall be included in
formation of any district, unless the township contains not less
than 10 electors. No portion of any township in excess of six
sections shall be included, unless the portion contains a
proportionate number of electors.
(7) No territory { - which - } { + that + } is part of
another people's utility district shall be included in the
formation of any district, except under the conditions provided
in ORS 198.720 (2), nor shall the proposed district include any
territory which at the time of the proposed district's formation
is being served by an electric cooperative.
SECTION 70. ORS 261.141 is amended to read:
261.141. (1) In addition to the initiation of a { + people's
utility + } district formation, annexation or consolidation by
electors' petition:
(a) Formation of a district may be initiated by resolution of
the governing body of each county in which territory of the
proposed district is situated or, { - where - } { + if + } a
{ - municipality - } { + city + } proposes to create a
district, by resolution of the city governing body;
(b) Annexation to an existing district may be initiated by
resolution of the board of directors of that district; and
(c) Consolidation of two or more districts may be initiated by
resolution of the board of each of the districts proposed to be
consolidated.
(2) Resolutions authorized under this section shall describe
the boundaries of the affected territory and, if for formation or
consolidation of a district or districts, the name by which the
proposed district is to be known.
SECTION 71. ORS 261.171 is amended to read:
261.171. (1) Upon its own resolution, the county governing body
may, and upon receipt of an electors' petition or resolution of
the governing body of a { + people's utility + } district or
{ - municipality which - } { + city that + } the county
governing body finds to be in compliance with this chapter shall,
at the earliest practical date submit the question of district
formation, annexation or consolidation and, if for formation, the
question of a special levy, to the electors within the affected
territory at a special election. The special election may be held
on the same date as a biennial primary election or general
election.
(2) The notice of the election shall state the purpose of the
election, describe in general terms the boundaries of the
affected territory and in all other respects comply with the
general laws of this state governing the time and manner of
holding elections.
(3) The county governing body shall call no more than one
election for formation of a district comprising substantially the
same area within the same calendar year.
SECTION 72. ORS 261.180 is amended to read:
261.180. (1) { - Where - } { + If + } a parcel of territory
or
{ - municipality - } { + a city + } is annexed to an existing
{ + people's utility + } district, or two or more districts are
consolidated, such annexation or consolidation shall not affect
or impair the title to any property owned or held by { - any
such - } { + the + } district or districts, or { - of a
municipality - } { + any property owned or held by the + }
annexed { + city + }, or in trust therefor, or any debts,
demands, liabilities or obligations existing in favor of or
against either the district or { - municipality - } { +
city + } so annexed.
(2) The acceptance of any indebtedness at the election to
determine the question of annexation shall not include any
indebtedness except such as has been incurred or assumed on
account of development or purchase of a utility, including the
replacement value of the unreimbursed investment of an investor
owned utility in energy efficiency measures and installations
within the annexed area.
SECTION 73. ORS 261.200 is amended to read:
261.200. (1) If a majority of votes cast at the election
{ - favor - } { + favors + } formation of the { + people's
utility + } district and authorization of the district to impose
a special levy for the purposes stated in the petition for
formation, or annexation of a parcel of territory or a
{ - municipality - } { + city + } to an existing district, or
consolidation of two or more districts, as the case may be, and
in conformity with provisions of ORS 261.105 and 261.110, the
county governing body shall issue a proclamation accordingly and
file a certified copy with the county clerk of each county where
the district or any portion thereof is located. The proclamation
for formation of a district shall be in substantially the
following form:
_________________________________________________________________
Whereas at an election duly and regularly held on the __ day of
____, A.D. 2__, within ____ County (or ____ Counties), State of
Oregon, and within the boundaries of a proposed district as
herein described, there was submitted to the electors thereof the
question whether or not a people's utility district should be
incorporated as the (here insert name of district) and to give
authority to impose a special levy of $___ under and pursuant to
the provisions of ORS chapter 261; and
Whereas at the election so held __ votes were cast in favor of
incorporation, and __ votes were cast against incorporation; and
Whereas the incorporation of the (here insert name of district)
received the affirmative vote of the majority of the votes cast
at the election;
Now, therefore, the undersigned hereby does proclaim and
declare that all of that part of the State of Oregon, described
as (here insert description) has been duly and legally
incorporated as the ____ People's Utility District under and
pursuant to the Constitution and laws of the State of Oregon, and
the district has the authority to collect the sum of $___ by
special levy against the taxable property within the district.
Chairperson of the County Governing Body.
By ________
_________________________________________________________________
(2) The proclamation for annexing a parcel of territory or a
{ - municipality - } { + city + } to an existing district or
the consolidation of two or more existing districts, or both,
shall be adaptations of the above proclamation.
(3) The proclamation of formation, with the notice of boundary
change under ORS 308.225, shall be filed by the district with the
county assessor of each county in which any portion of the
district is situated, who shall thereupon enter the special levy.
(4) Expenditure of the moneys received from the special levy
for the purposes stated in the petition for district formation
may be made by the district without prior adoption of a budget
under ORS 294.305 to 294.520.
(5) Following proclamation of formation of a district, any
person whose property has been improperly included within a
district, contrary to the provisions of ORS 261.110 (5) or (7),
may petition a county governing body to revise the district
boundaries to exclude the property. After notice to the district,
and a hearing on the petition, the county governing body shall
revise the district boundaries to exclude such property as it
finds should not have been included within the district under the
standards set forth in ORS 261.110 (5) or (7). Upon such findings
and boundary revisions a district shall be permitted to refund
related taxes paid { - which - } { + that + } are based upon
assessments made after January 1, 1978. Boundary revisions shall
comply with ORS 308.225. The remedy provided in this subsection
shall be available only to persons owning property in districts
which were formed after January 1, 1978.
SECTION 74. ORS 261.215 is amended to read:
261.215. From the date of the proclamation relative to
formation of a { + people's utility + } district the territory
shall be a separate district to be known as the district named
and specified in the proclamation. The inhabitants thereof shall
be a corporation by the name and style of the utility district
specified in the proclamation, and as such shall have perpetual
succession, and by such name shall exercise and carry out the
corporate powers and objects conferred and declared by this
chapter.
SECTION 75. ORS 261.253 is amended to read:
261.253. (1) No public contract entered into by a
noninvestor-owned electric utility shall contain a clause or
condition that imposes an unconditional and unlimited financial
obligation on the electric utility that is party to the contract
unless the terms and conditions of the contract are subject to
approval and are approved by the electors of the people's utility
district or { - municipality - } { + city + } that owns the
electric utility.
(2) Nothing in subsection (1) of this section is intended to
affect provisions of law requiring approval of electors for any
particular type of public contract that are in effect on October
15, 1983, or that are later enacted.
(3) Nothing in subsection (1) of this section is intended to
conflict with ORS 279.324 to 279.332.
(4) As used in this section:
(a) 'Public contract' includes a contract, note, general
obligation bond or revenue bond by which the people's utility
district or { - municipality - } { + city + } or any
subdivision of any of them is obligated to pay for or finance the
acquisition of goods, services, materials, real property or any
interest therein, improvement, betterments or additions from any
funds, including receipts from rates or charges assessed to or
collected from its customers.
(b) 'Unconditional and unlimited financial obligation ' means a
public contract containing a provision that the people's utility
district or { - municipality - } { + city + } that is party
to the contract is obligated to make payments required by the
contract whether or not the project to be undertaken thereunder
is undertaken, completed, operable or operating notwithstanding
the suspension, interruption, interference, reduction or
curtailment of the output or product of the project.
SECTION 76. ORS 261.305 is amended to read:
261.305. People's utility districts shall have power:
(1) To have perpetual succession.
(2) To adopt a seal and alter it at pleasure.
(3) To sue and be sued, to plead and be impleaded.
(4) To acquire and hold, including by lease-purchase agreement,
real and other property necessary or incident to the business of
the districts, within or without, or partly within or partly
without, the district, and to sell or dispose of that property;
to acquire, develop and otherwise provide for a supply of water
for domestic and municipal purposes, waterpower and electric
energy, or electric energy generated from any utility, and to
distribute, sell and otherwise dispose of water, waterpower and
electric energy, within or without the territory of such
districts.
(5) To exercise the power of eminent domain for the purpose of
acquiring any property, within or without the district, necessary
for the carrying out of the provisions of this chapter.
(6) To borrow money and incur indebtedness; to issue, sell and
assume evidences of indebtedness; to refund and retire any
indebtedness that may exist against or be assumed by the district
or that may exist against the revenues of the district and to
pledge any part of its revenues. Except as provided in ORS
261.355 and 261.380, no revenue or general obligation bonds shall
be issued or sold without the approval of the electors. The board
of directors may borrow from banks or other financial
institutions, on notes payable within 12 months, such sums as the
board of directors deems necessary or advisable; however, the
amounts so borrowed, together with the principal amounts of other
like borrowings then outstanding and unpaid, shall not exceed the
amount { - which - } { + that + } the board of directors
estimates as the district's net income (determined in accordance
with the system of accounts maintained by the board pursuant to
ORS 261.470) for the 12 full calendar months following the date
of the proposed borrowing, adjusted by adding to the net income
an amount equal to the estimated charges to depreciation for the
12-month period. No indebtedness shall be incurred or assumed
except on account of the development, purchase and operation of a
utility.
(7) To enter into rental or lease-purchase agreements to rent,
lease or acquire real or personal property, or both, required for
district purposes. Except when approved by a majority of the
electors of the district voting on the question, a people's
utility district shall not enter into rental or leasing
agreements when the annual aggregate amount of payment for any
and all property directly related to a single transaction exceeds
10 percent of the revenues of the district in the preceding
fiscal year.
(8) To levy and collect, or cause to be levied and collected,
subject to constitutional limitations, taxes for the purpose of
carrying on the operations and paying the obligations of the
district as provided in this chapter.
(9) To make contracts, to employ labor and professional staff,
to set wages in conformance with ORS 261.345, to set salaries and
provide compensation for services rendered by employees and by
directors, to provide for life insurance, hospitalization,
disability, health and welfare and retirement plans for
employees, and to do all things necessary and convenient for full
exercise of the powers herein granted. The provision for life
insurance, hospitalization, disability, health and welfare and
retirement plans for employees shall be in addition to any other
authority of people's utility districts to participate in those
plans and shall not repeal or modify any statutes except those
that may be in conflict with the provision for life insurance,
hospitalization, disability, health and welfare and retirement
plans.
(10) To enter into contracts with the United States Government,
with the State of Oregon, or with any other state, municipality
or utility district, and with any department of any of these, for
carrying out any provisions of this chapter.
(11) To enter into agreements with the State of Oregon or with
any local governmental unit, utility, special district or private
or public corporation for the purpose of promoting economic
growth and the expansion or addition of business and industry
within the territory of the people's utility district. Before
spending district funds under such an agreement, the board of
directors shall enter on the written records of the district a
brief statement that clearly indicates the purpose and amount of
any proposed expenditure under the agreement.
(12) To fix, maintain and collect rates and charges for any
water, waterpower, electric energy or other commodity or service
furnished, developed or sold by the district.
(13) To construct works across or along any street or public
highway, or over any lands which are property of this state, or
any subdivision thereof, and to have the same rights and
privileges appertaining thereto as have been or may be granted to
{ - municipalities - } { + cities + } within the state, and
to construct its works across and along any stream of water or
watercourse. Any works across or along any state highway shall be
constructed only with the permission of the Department of
Transportation. Any works across or along any county highway
shall be constructed only with the permission of the appropriate
county court. Any works across or along any city street shall be
constructed only with the permission of the city governing body
and upon compliance with applicable city regulations and payment
of any fees called for under applicable franchise agreements,
intergovernmental agreements under ORS chapter 190 or contracts
providing for payment of such fees. The district shall restore
any such street or highway to its former state as near as may be,
and shall not use the same in a manner unnecessarily to impair
its usefulness.
(14) To elect a board of five directors to manage its affairs.
(15) To enter into franchise agreements with cities and pay
fees under negotiated franchise agreements, intergovernmental
agreements under ORS chapter 190 and contracts providing for the
payment of such fees.
(16) To take any other actions necessary or convenient for the
proper exercise of the powers granted to a district by this
chapter and by section 12, Article XI { - , - } of the Oregon
Constitution.
SECTION 77. ORS 261.310 is amended to read:
261.310. (1) Any existing irrigation, drainage or other
{ - municipal - } district in good standing and duly organized
under the laws of this state shall be eligible to qualify and do
any and all things necessary or incident to the purchase,
generation and distribution of electric power under the terms of
this chapter without the necessity of reorganizing and complying
with the organization procedure prescribed in this chapter, if
the qualification is approved by a majority of the persons
qualified to vote at a district election who vote on that
question.
(2) Drainage districts qualifying under the provisions of this
chapter may elect additional directors to make a board of five
directors.
SECTION 78. ORS 261.315 is amended to read:
261.315. (1) Except as to distribution facilities located in
unincorporated territory at or near the boundaries of the
{ + people's utility + } district and forming an interconnected
part of the distribution system within the district, as
determined by the county governing body after a public hearing,
no facilities then being used for the distribution of electric
energy outside the boundaries of the district shall be acquired
by it until the acquisition thereof is approved by a majority of
the electors registered in the territory in which the facilities
are located, voting on that question at an election duly called
for that purpose as provided in this section. If a part of the
facilities is located within a { - municipality - } { +
city + }, the election shall be conducted so that the electors of
the { - municipality - } { + city + } may vote separately and
{ + have + } their votes counted separately, and the part within
any { - municipality - } { + city + } may not be acquired
unless a majority of the electors of the { - municipality - }
{ + city + } voting on the question approves.
(2) When a district desires to acquire facilities outside its
boundaries for distribution of electric energy, the board of
directors shall pass a resolution declaring that purpose,
specifying the facilities { - which - } { + that + } it
desires to acquire and describing the boundaries of the territory
served by the facilities so as to include all those receiving
service or can be reasonably served through the facilities.
(3) A certified copy of the resolution shall be filed with the
county governing body. Within 90 days thereafter, the county
governing body shall designate the boundaries of the territory
served by the facilities, and certify the boundaries to the
counties in which they are located. The county governing body
shall at the same time notify each of the counties of the call of
an election for the purpose of authorizing acquisition of the
facilities. This certification and notification shall be given to
the county clerks of the respective counties. The notice shall
state the time of the election and contain a ballot title stated
in clear and concise language.
(4) The provisions of ORS 261.200 shall be complied with
insofar as applicable. Ballots cast by electors of
{ - municipalities - } { + cities + } shall be separately
kept and counted { - as to - } { + for + } each
{ - municipality - } { + city + }.
SECTION 79. ORS 261.330 is amended to read:
261.330. Any filing made by any { + people's + } utility
district upon the unappropriated waters of this state for use in
the future development of a hydroelectric plant by the district
shall be reserved to the district and shall not be subject to
appropriation by any other person, { - municipality - } { +
city + } or corporation, unless it is judicially determined that
such filing exceeds the reasonable present and future
requirements of the district, in which event the surplus or
excess may be by decree of a court of competent jurisdiction
released and discharged from such filing. Proceedings in court
for the determination of whether or not the filing by any utility
district exceeds its reasonable present and future requirements
may be instituted by the State of Oregon, by the Water Resources
Commission in the name of and for the State of Oregon, or by any
other applicant for the right to the use of the waters involved.
SECTION 80. ORS 543.660 is amended to read:
543.660. (1) A district, alone or jointly with other districts,
electric cooperatives, as defined in ORS 261.010 { - (8) - }
{ + (7) + }, people's utility districts, a cooperative as
defined in ORS 62.015, municipal corporations authorized to
engage in generating and distributing electricity or public
utilities, as defined in ORS 757.005, engaged in the business of
generating and distributing electricity, may enlarge or modify
its water system for the purpose of generating electricity and
may operate and maintain such facilities, notwithstanding any
provision of paragraph (a) of this subsection. If a district
already has hydroelectric generating capability, the district may
enlarge or modify the district's facilities used for generation
of hydroelectric power. Two or more districts may, as a joint
venture, generate electricity under ORS 543.650 to 543.685 so
long as the structure or facility that is enlarged or modified to
produce the electricity is part of the water system of at least
one of the districts participating in the joint venture. However,
a district may not:
(a) Construct, acquire, operate or maintain any facility or
structure that is not an enlargement or modification of the
district's water system solely or primarily for the purpose of
generating electricity; or
(b) Be created solely or primarily for the purpose of
constructing, acquiring, operating or maintaining hydroelectric
facilities.
(2) A district shall sell the excess electric energy generated
at such hydroelectric facilities to the Bonneville Power
Administration, a public utility as defined in ORS 757.005, an
electric cooperative as defined in ORS 261.010 { - (8) - }
{ + (7) + }, a people's utility district, a cooperative as
defined in ORS 62.015, a municipal corporation or a municipally
owned utility. Any sale of excess electric energy shall be made
in accordance with terms and conditions of the Federal Power Act,
as amended by the Public Utility Regulatory Policies Act of 1978.
As used in this subsection, 'excess electric energy' means
electric energy not used by the district to meet its own electric
pumping requirements.
(3) The board of directors of the district shall establish
regulations governing electric energy generation and sale under
this section.
(4) Electricity shall be sold under this section only at
wholesale.
{ +
DOMESTIC WATER SUPPLY DISTRICTS + }
SECTION 81. ORS 264.110 is amended to read:
264.110. { - Communities may be incorporated - } { + A
domestic water supply district may be formed + } for the purpose
of supplying { - their - } inhabitants { + of the district + }
with water for domestic purposes as provided by this chapter;
and, in connection therewith, may supply, furnish and sell for
any use any surplus water over and above the domestic needs of
its inhabitants to { - any - } persons { - , corporations or
associations, either within or without - } { + living
outside + } the district, or to other { - communities, - }
water districts
{ - or municipal corporations - } { + , school districts or
other local governments as defined in ORS 174.116 + }. All
railroad rights of way or improvements thereon or rolling stock
moving thereover shall be excluded from districts organized after
June 9, 1943, and for purposes of ORS 264.210 to 264.320,
264.410, 264.420, 264.430, 264.470 and this section shall not be
considered as property within the boundaries of such districts,
unless the owner of the railroad property expressly consents to
its inclusion.
SECTION 82. ORS 264.240 is amended to read:
264.240. A { - municipal corporation - } { + domestic water
supply district + } created under this chapter { - shall have
and exercise within and without its boundaries the same rights
and powers of eminent domain and of purchasing, selling,
condemning and appropriating - } { + may exercise the power of
eminent domain both inside and outside of its boundaries, and may
purchase, sell, condemn and appropriate + } real property, water,
water rights and riparian rights { - , which cities or other
corporations have, to be exercised in any manner now or hereafter
authorized - } . A district also has the right to purchase or
obtain from other { - cities or like corporations - } { +
local governments as defined in ORS 174.116 + }, water or water
rights, or an interest in water or water rights, or an interest
in a water pipeline owned or operated by any such
{ - city or like corporation - } { + local government + }, or
to obtain jointly with any such { - city or like
corporation - } { + local government + }, any right, or to lay
and own individually or jointly with any { - city or like
corporation - } { + local government + }, any water pipeline
for the purposes specified in ORS 264.110.
SECTION 83. ORS 264.250 is amended to read:
264.250. (1) For the purpose of carrying into effect all or any
powers granted by this chapter, the district, when authorized at
any properly called election held for that purpose, may borrow
money and sell and dispose of general obligation bonds. Except as
otherwise provided by this section, the bonds shall never exceed
in the aggregate two and one-half percent of the real market
value of all taxable property within the { - limits - }
{ + boundaries + } of the district, computed in accordance with
ORS 308.207.
(2) The bonds shall be issued from time to time by the board of
commissioners in behalf of the district as authorized by the
electors, and may be issued in an amount not to exceed one-half
of one percent of the real market value referred to in subsection
(1) of this section without the approval of the electors. The
bonds shall mature serially within not to exceed 30 years from
issue date, and shall bear such rate of interest, payable
semiannually, as the board shall determine. The bonds shall be so
conditioned that the district agrees to pay to the bearer, at a
place named, the principal sum of the bonds with interest at the
rate named, payable semiannually in accordance with the tenor and
terms of the interest coupons attached.
(3) If the district has within its { - corporate limits - }
{ + boundaries + } a population of 300 or over, it may issue
bonds in an amount which shall not exceed in the aggregate 10
percent of the real market value referred to in subsection (1) of
this section.
(4) For the purpose of additionally securing the payment of the
principal and interest on general obligation bonds issued under
this section, the district may, by resolution of its board which
shall constitute part of the contract with the holders of the
bonds, pledge all or any part of the net revenue of its water
system. The board may adopt such a resolution without submitting
the question of the pledge to the electors of the district.
SECTION 84. ORS 264.260 is amended to read:
264.260. In addition to the authority to issue general
obligation bonds, the district, when authorized at any properly
called election, shall have the power to sell and dispose of
revenue bonds, and to pledge as security therefor all or any part
of the unobligated net revenue of the district or system, to
purchase, acquire, lay out, construct, reconstruct, extend,
enlarge or improve a water system, or to install hydrants for
fire protection along its mains, or to perform any of those acts
in combination, for the purpose of obtaining water for the
domestic use of consumers, or for fire protection, or both,
within or without the boundaries of the district. The revenue
bonds shall be issued in the same manner and form as are general
obligation bonds of the district, but they shall be payable, both
as to principal and interest, from revenues only, as specified by
this section. The revenue bonds shall not be subject to the
percentage limitation applicable to general obligation bonds and
shall not be a lien upon any of the taxable property within the
{ - corporate limits - } { + boundaries + } of such district,
but shall be payable solely from such part of the revenues of the
district as remain after payment of obligations having a priority
and of all expenses of operation and maintenance of the district,
including any taxes levied against it. All revenue bonds shall
contain a clause reciting that both the principal and interest
are payable solely from operating revenues of the district
remaining after paying such obligations and expenses.
SECTION 85. ORS 264.310 is amended to read:
264.310. A district shall charge consumers for the water
furnished and fix and collect the rates therefor. Rates charged
may be fixed and classified according to the type of use and
according to the amount of water used. Any contract entered into
by a district with { - individuals, corporations or
associations - } { + persons + } other than domestic users shall
provide for immediate cancellation whenever no surplus supply of
water exists over and above any and all demands of domestic
users. A district also may contract with { - other communities,
water districts, individuals or corporations, private or
municipal, - } { + any person, or enter into intergovernmental
agreements under ORS chapter 190, + } to supply, furnish and sell
{ - them - } surplus water on such terms and conditions and at
such rates as the board of commissioners considers advisable.
SECTION 86. ORS 264.340 is amended to read:
264.340. (1) Any district, when authorized by the electors as
provided by this subsection, may purchase fire apparatus and
equipment and maintain, service and operate the same, and may
{ - contract with any city, rural fire protection district or
other municipal corporation - } { + enter into
intergovernmental agreements under ORS chapter 190 + } for fire
protection for its inhabitants, or
{ - to - } do either or any combination of the foregoing. Such
power shall only be given the board of commissioners by a
majority of the votes cast by electors of the district at a
special election called for such purpose by the board.
(2)(a) When the power is so granted, the board of commissioners
may levy a tax not exceeding three-twentieths of one percent
(.0015) of the real market value of all taxable property within
the { - limits - } { + boundaries + } of the district,
computed in accordance with ORS 308.207 for defraying the expense
of providing, maintaining, operating and servicing such fire
apparatus and equipment, and of { - contracting with any city
or rural fire protection district - } { + intergovernmental
agreements + } for the protection of its inhabitants from fire.
(b) Upon approval of the majority of the votes cast by electors
of the district at a special election called for that purpose by
the board of commissioners, the district may levy a special tax
for defraying such expenses not to exceed four-tenths of one
percent (.0040) of the real market value of the taxable property
in the district referred to in paragraph (a) of this subsection.
(3) This section shall not apply to any district which on July
16, 1949, was wholly or partially within any legally organized
rural fire protection district.
SECTION 87. ORS 264.348 is amended to read:
264.348. Copies of the fire prevention code referred to in ORS
264.342 shall be filed with the State Fire Marshal's office and a
copy shall be posted at each fire station within the
{ - corporation - } { + domestic water supply district + }.
{ +
CEMETERY MAINTENANCE DISTRICTS + }
SECTION 88. { + Section 89 of this 2003 Act is added to and
made a part of ORS chapter 265. + }
SECTION 89. { + As used in this chapter, 'district' means a
cemetery maintenance district organized under this chapter. + }
SECTION 90. ORS 265.010 is amended to read:
265.010. (1) { - Territory may be formed into - } A cemetery
maintenance district { - in accordance with ORS 265.010 to
265.050 - } { + may be formed in the manner provided by this
chapter + }.
(2) 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.
SECTION 91. ORS 265.140 is amended to read:
265.140. The board of directors shall transact all business
pertinent to the affairs of { - the - } { + a cemetery
maintenance + } district. The district { - shall constitute a
body politic with - } { + has the + } power:
(1) To sue and be sued.
(2) To purchase, take by gift or devise, own, hold, manage and
operate land for cemetery purposes.
(3) To acquire in any manner permitted by law existing
cemeteries and to manage, operate, enlarge, maintain and beautify
them.
(4) To plat and lay out in suitable cemetery lots and blocks
for burial purposes any land it may own or control.
(5) To make such contracts and to purchase and own such
personal property as may be necessary or convenient for carrying
out the purposes of this chapter.
(6) To sell or perpetually lease cemetery lots or tracts for
burial purposes.
(7) To set aside, at the discretion of the board of directors,
not to exceed one-half of the moneys derived from the sale or
lease of cemetery lots and tracts as an irreducible maintenance
fund. Any money gift or bequest, if so designated in the
instrument creating the same, shall be placed and held in the
irreducible maintenance fund, and the interest of such fund shall
be used in the perpetual upkeep and beautification of the
cemetery and lots therein. Such fund shall be invested only in
such securities as state funds may be invested in by the State
Treasurer under the laws of this state.
(8) To do any and all things necessary or convenient for proper
ownership, operation, maintenance and management of the district
property.
(9) To levy a tax on all taxable property within the district,
computed in accordance with ORS 308.207, for the purpose of
defraying the expenses of operation of the district and purchase
of necessary property therefor.
{ +
MASS TRANSIT DISTRICTS + }
SECTION 92. ORS 267.200 is amended to read:
267.200. A { + mass transit + } district shall constitute a
municipal corporation of this state, and a public body, corporate
and politic, exercising public power. It shall be considered a
unit of local government for the purposes of ORS 190.003 to
190.130, a public employer for the purposes of ORS 236.610 to
236.640, and a political subdivision for the purposes of ORS
305.620. A district and its contractors engaged in operating
motor vehicles to provide mass transportation on behalf of the
district shall be entitled to tax refunds as allowed under ORS
319.831 to incorporated cities. It shall have full power to
carry out the objects of its formation and to that end may:
(1) Have and use a seal, have perpetual succession, and sue and
be sued in its own name.
(2) Acquire by condemnation, purchase, lease, devise, gift or
voluntary grant real and personal property or any interest
therein, located inside the boundaries of the district and take,
hold, possess and dispose of real and personal property purchased
or leased from, or donated by, the United States, or any state,
territory, county, city or other public body, nonprofit
corporation or person for the purpose of providing or operating a
mass transit system in the district and aiding in the objects of
the district.
(3) Contract with the United States or with any county, city,
state, or public body, or any of their departments or agencies,
or a nonprofit corporation, or any person, for the construction,
acquisition, purchase, lease, preservation, improvement,
operation or maintenance of any mass transit system.
(4) Build, construct, purchase, lease, improve, operate and
maintain, subject to other applicable provisions of law, all
improvements, facilities or equipment necessary or desirable for
the mass transit system of the district.
(5) Enter into contracts and employ agents, engineers,
attorneys and other persons and fix their compensation.
(6) Fix and collect charges for the use of the transit system
and other district facilities.
(7) Construct, acquire, maintain and operate and lease, rent
and dispose of passenger terminal facilities, motor vehicle
parking facilities and other facilities for the purpose of
encouraging use of the mass transit system within the district.
(8) Enter into contracts { + or intergovernmental
agreements + } under ORS { - 190.003 to 190.620 - } { +
chapter 190 + } with units of local government of the State of
Oregon, whether within or without the district, or with the State
of Washington or with public agencies of the State of Washington,
to act jointly or in cooperation with them or to provide mass
transit services to areas under their jurisdictions, provided
that the party contracting to receive the services shall pay to
the mass transit district not less than the proportionate share
of the cost of the services that the benefits to the contracting
party bear to the total benefits from the service.
(9) Conduct programs and events and take other actions for the
purpose of improving or maintaining employee relations.
(10) Improve, construct and maintain bridges over navigable
streams subject only to ORS 382.125.
(11) Do such other acts or things as may be necessary or
convenient for the proper exercise of the powers granted to a
district by ORS 267.010 to 267.390.
SECTION 93. ORS 267.225 is amended to read:
267.225. (1) A { + mass transit + } district may cooperate
with or enter into agreements with any city, county, port or
state agency { + + } having jurisdiction or control over any
right of way that is available for public travel for the joint
use of such right of way. A city, county, port or state agency
may cooperate with or enter agreements with a district for the
joint use of any right of way open to public travel located
within the district.
(2) For the purpose of providing a mass transit system, a
district may commence a condemnation proceeding to acquire land
or an interest in land for right of way for the system over any
public right of way already located, condemned or occupied or
that may be located, condemned or occupied by some other public
agency for the purpose of travel by the public. The proceeding
shall be conducted as provided by the laws of this state for the
condemnation of land or an interest in land for right of way for
highway purposes. At the time of rendering judgment for
compensation or damages, the court shall enter a judgment or
decree authorizing the district to occupy and use the right of
way, if necessary, in common with the public agency already
occupying or owning the right of way, and defining the terms and
conditions upon which the right of way shall be so occupied and
used in common.
{ +
TRANSPORTATION DISTRICTS + }
SECTION 94. ORS 267.550 is amended to read:
267.550. (1) A { + transportation + } district { - shall
constitute a municipal corporation of this state, and a public
body, corporate and politic, exercising public power. It shall
have - } { + has + } full power to carry out the objectives of
its formation and to that end may have and use a seal, have
perpetual succession, sue and be sued in its own name, and enter
into contracts.
(2) Except as ORS 267.510 to 267.650 provides to the contrary,
the powers of the district shall be vested in the governing body
of the district.
(3) A transportation district formed under ORS 267.510 to
267.650 shall be considered a district for all purposes in ORS
chapter 198.
SECTION 95. ORS 267.560 is amended to read:
267.560. A { + transportation + } district may provide public
transportation and terminal facilities for public transportation
including local aspects thereof transferred to the district by
one or more other { - public corporations, cities or
counties - } { + public bodies as defined in ORS 174.109, + }
through agreements in accordance with ORS 267.510 to 267.650.
{ +
METROPOLITAN SERVICE DISTRICTS + }
SECTION 96. ORS 268.020 is amended to read:
268.020. As used in this chapter:
(1) 'District' means a metropolitan service district
established under this chapter.
(2) 'District charter' means a home rule charter enacted by the
electors of a district under section 14, Article XI, Oregon
Constitution.
(3) 'Metropolitan area' means that area which on October 4,
1997, lies within the boundaries of Clackamas, Multnomah and
Washington Counties.
(4) 'Improvement' means the facilities and other property
constructed, erected or acquired by and to be used in the
performance of services authorized to be performed by a district.
(5) 'Metropolitan significance' means having major or
significant district-wide impact.
(6) 'Person' means { - the state or a public or private
corporation, local government unit, public agency, - } { + a
public body as defined in ORS 174.109, + } individual,
{ + corporation, + } partnership, association, firm, trust,
estate or any other legal entity.
(7) 'Regional framework plan' means the Metro regional
framework plan defined in ORS 197.015 and any district ordinances
that implement the plan.
SECTION 97. ORS 268.300 is amended to read:
268.300. (1) A { + metropolitan service + } district
{ - shall constitute a municipal corporation of this state, and
a public body, corporate and politic, exercising public power. It
shall have - } { + has + } full power to carry out the
objectives of its formation and the functions authorized pursuant
to its charter and to that end may have and use a seal, have
perpetual succession, sue and be sued in its own name, and enter
into contracts.
(2) For purposes of its authorized functions, a district may
{ - contract with the United States or with any county, city,
state or public body, or any of their departments or agencies - }
{ + enter into intergovernmental agreements under ORS chapter
190 + }.
SECTION 98. ORS 268.393 is amended to read:
268.393. (1) At least 50 days prior to the effective date of a
new or amended land use planning ordinance of a metropolitan
service district, the district shall cause written notice of the
new or amended ordinance to be mailed to every
{ - government - } { + city and county + } located within the
district that exercises land use planning authority under ORS
197.175.
(2) The notice described in this section shall contain
substantially the following language in the body of the notice:
_________________________________________________________________
On (date of ordinance adoption), the Metropolitan Service
District adopted ordinance (number). The district has determined
that this ordinance will affect the permissible uses of property
in your jurisdiction and may reduce the value of subject
property.
Ordinance (number) is available for inspection at the
Metropolitan Service District offices located at (address). A
copy of the ordinance (number) also is available for purchase at
a cost of ___.
For additional information, contact the Metropolitan Service
District at (telephone number).
_________________________________________________________________
(3) A { - local government - } { + city or county + } that
receives notice under this section shall cause a copy of the
notice to be mailed to every owner of real property that will be
rezoned as a result of the adoption of the ordinance. Notice to a
landowner under this subsection shall be mailed at least 30 days
prior to the effective date of the subject ordinance.
(4) The district shall reimburse { - the local government - }
{ + a city or county + } for all usual and reasonable costs of
providing notice required under subsection (3) of this section.
{ +
LIBRARY DISTRICTS + }
SECTION 99. ORS 357.261 is amended to read:
357.261. A { + library + } district { - shall constitute a
municipal corporation of this state, and a public body, corporate
and politic, exercising public power. Every district shall
have - } { + has the + } power:
(1) To have and use a common seal.
(2) To sue and be sued in its name.
(3) To make and accept any and all contracts, deeds, leases,
releases and documents of any kind which, in the judgment of the
board, are necessary or proper to the exercise of any power of
the district, and to direct the payment of all lawful claims or
demands.
(4) To assess, levy and collect taxes to pay the cost of
acquiring sites for and constructing, reconstructing, altering,
operating and maintaining a library or any lawful claims against
the district, and the operating expenses of the district.
(5) To employ all necessary agents and assistants.
(6) To call elections after the formation of the district.
(7) To enlarge the boundaries of the district as provided by
ORS 198.705 to 198.955.
(8) Generally to do and perform any and all acts necessary and
proper to the complete exercise and effect of any of its powers
or the purposes for which it was formed.
(9) Whenever authorized by the electors, to issue general
obligation bonds of the district. However, the aggregate amount
of general obligation bonds issued and outstanding at any one
time shall not exceed two and one-half percent of the real market
value of all taxable property of the district, computed in
accordance with ORS 308.207.
(10) To exercise those powers granted to local government units
for public libraries under ORS 357.410.
{ +
COUNTY ROAD DISTRICTS + }
SECTION 100. ORS 371.060 is amended to read:
371.060. Every drainage district consisting of 5,000 acres or
more, and every { - incorporated - } city, shall constitute a
separate road district. The county court shall not divide such
territory to include any of it in any other road district unless
the people of the drainage district or { - incorporated - }
city { - shall - } , by majority vote at { - a municipal - }
{ + an + } election held pursuant to law, vote that
{ - their municipal - } { + the + } territory be included by
the county court in a road district established by the county
court. The county court may include in the road district of any
drainage district contiguous property adjoining or adjacent to
such drainage district, but in no event shall the total area
added by the county court be more than 50 percent of the area of
the drainage district.
SECTION 101. ORS 371.067 is amended to read:
371.067. Any construction, maintenance and repairs on roads
within the boundaries of { - an incorporated - } { + a + }
city that constitutes an entire and separate road district under
ORS 371.060 shall be only on such public roads, as defined in ORS
368.001, within the district as are designated by order of the
governing body of the city. The governing body of the city may
cooperate with the county court in construction, maintenance and
repairs on roads within the boundaries of the city.
SECTION 102. ORS 371.105 is amended to read:
371.105. (1) All tax moneys levied and collected by the road
district shall be credited and kept as a special fund by the
county treasurer to the account of the road district. No part of
such fund shall be transferred or loaned.
(2) Except as provided in subsection (3) of this section, the
whole amount of the tax moneys levied and collected by the road
district shall be expended under the supervision of the county
court upon roads within the road district boundary of the
district voting the tax as the boundaries existed at the time the
tax was voted, and not elsewhere.
(3) The fund collected from taxes levied and assessed by a road
district comprising and constituted from { - an
incorporated - } { + a + } city, and from property situated
within { - such municipal corporation - } { + the city + },
shall be expended under the supervision of the governing body of
the { - incorporated - } city and not under the supervision of
the county court. This fund shall be paid over to the
{ - incorporated - } city by the county treasurer when
collected.
{ +
SPECIAL ROAD DISTRICTS + }
SECTION 103. ORS 371.305 is amended to read:
371.305. Contiguous territory lying within any county and not
incorporated within the limits of { - any incorporated - }
{ + a + } city may be formed into, or included in, a special
road district in the manner provided by ORS 371.305 to 371.360.
SECTION 104. ORS 371.336 is amended to read:
371.336. { - From the date of formation, the - } { + A + }
special road district { - is a municipal corporation - } { +
may be formed + } for the purpose of improving roads within the
district. A special road district { - shall have - } { + has
+ }the power:
(1) To make contracts.
(2) To acquire, hold, receive and dispose of real and personal
property.
(3) To sue and be sued.
(4) To exercise the power of eminent domain.
(5) To assess, levy and collect taxes on all taxable real
property within the district.
(6) To do any other act necessary to carry out the purposes of
ORS 371.305 to 371.360.
{ +
ROAD ASSESSMENT DISTRICTS + }
SECTION 105. ORS 371.405 is amended to read:
371.405. As used in ORS 371.405 to 371.535 { - , - }
{ + : + }
{ + (1) + } 'County court' includes the board of county
commissioners sitting for the transaction of general county
business.
{ + (2) 'District' means a road assessment district organized
under ORS 371.405 to 371.535. + }
SECTION 106. ORS 371.480 is amended to read:
371.480. The board of directors may contract with any
{ - incorporated - } city within or adjacent to the district
for the repair, improvement and reconstruction of streets or
public ways within the { - incorporated - } city, where the
improvement of the streets is a part of the general road system
of the district. The contract shall be upon terms mutually
agreeable to the board of directors of the district and the
governing body of the city.
SECTION 107. ORS 371.485 is amended to read:
371.485. { - The - } { + A road assessment + } district has
authority over all roads and highways within the district, except
state primary and secondary highways, and streets, alleys or
public ways within
{ - an incorporated - } { + a + } city within the district
other than as provided by ORS 371.480.
SECTION 108. ORS 371.520 is amended to read:
371.520. (1) Upon the organization of { - the - } { + a
road assessment + } district the entire area thereof shall be
excluded by such organization from any existing road district
theretofore existing and shall not be included within any other
road district thereafter created during the life of the road
assessment district.
(2) Upon the organization of the { + road assessment + }
district there shall be credited to it the portion of all special
road district levies unexpended in the county treasurer's office,
or levied upon and uncollected, derived from the area within the
road assessment district, except the amounts levied upon and
remaining uncollected, or remaining unexpended in the county
treasurer's office, derived from assessments upon property within
{ - an incorporated - } { + a + } city included within the
{ + road assessment + } district, which shall be paid to the
city as provided by law prior to June 16, 1945, for use by the
city upon its local streets.
(3) The inclusion of { - an incorporated - } { + a + } city
within the { + road assessment + } district shall not prevent
the { - incorporated - } city from levying general or special
taxes or assessments upon the property within the city for the
purpose of improvement, maintenance, repair or reconstruction of
the city streets as authorized or permitted by law or the charter
of the city.
{ +
HIGHWAY LIGHTING DISTRICTS + }
SECTION 109. ORS 372.140 is amended to read:
372.140. { - The - } { + A highway lighting + }
district { + + }may:
(1) Make contracts.
(2) Hold, receive and dispose of real and personal property
within and without its described boundaries.
(3) Do all other acts and things requisite, necessary or
convenient in carrying out the objects of the district or
exercising the powers expressly conferred upon it by this
chapter.
(4) Sue and be sued, plead and be impleaded in all actions and
suits or other proceedings brought by or against it.
(5) Have and exercise within and without its boundaries the
same rights and powers { + as other local governments as defined
in ORS 174.116, in + } { - of - } purchasing and selling real
property and rights of way, { - which cities or other
corporations have, - } to be exercised in the manner authorized.
(6) Purchase in the open market or obtain from other public
utility corporations, electric energy for lighting purposes and
poles, wires, conduits, lighting fixtures and all types of
property necessary to enable the district to carry out its
purposes.
(7) Enter into contracts with any person:
(a) For the construction, maintenance and operation, or any of
these, of the lighting facilities or any one or more of such
services.
(b) For the renewal, upkeep and maintenance of the lighting
facilities or any part thereof.
(c) For the use of any lighting facilities if and when owned by
such person.
(8) Contract with the state, by and through the Department of
Transportation, and its successors in interest, with respect to
any phases of the lighting of any highway within the district
which is owned by the state or under its control.
{ +
9-1-1 COMMUNICATIONS DISTRICTS + }
SECTION 110. ORS 401.842 is amended to read:
401.842. A { + 9-1-1 communications + } district { - shall
constitute a municipal corporation of this state, and a public
body, corporate and politic, exercising public power. Every
district shall have - } { + has the + } power:
(1) To have and use a common seal.
(2) To sue and be sued in its name.
(3) To make and accept any and all contracts, deeds, leases,
releases and documents of any kind which, in the judgment of the
board, are necessary or proper to the exercise of any power of
the district, and to direct the payment of all lawful claims or
demands.
(4) To assess, levy and collect taxes to pay the cost of
acquiring sites for and constructing, reconstructing, altering,
operating and maintaining a 9-1-1 emergency reporting system or
any lawful claims against the district, and the operating
expenses of the district.
(5) To employ all necessary agents and assistants.
(6) To call elections after the formation of the district.
(7) To enlarge the boundaries of the district as provided by
ORS 198.705 to 198.955.
(8) Generally to do and perform any and all acts necessary and
proper to the complete exercise and effect of any of its powers
or the purposes for which it was formed.
{ +
HEALTH DISTRICTS + }
SECTION 111. ORS 440.320 is amended to read:
440.320. (1)(a) { + Health + } districts may be
{ - incorporated as municipal corporations - } { + formed + }
for the purposes of:
(A) Providing clinically related diagnostic, treatment and
rehabilitative services on an inpatient or outpatient basis;
(B) Providing outreach programs in health care education,
health care research and patient care;
(C) Serving as a resource for health care providers in the
district; and
(D) Promoting the physical and mental health and well-being of
district residents.
(b) { - Such municipal corporations - } { + Health
districts + } may consist of territory in one or more counties,
or of a city with or without unincorporated territory. A city
shall not be divided in the formation of a health district.
(c) A health district may provide services to persons residing
outside its boundaries. A health district { - organized under
ORS 440.315 to 440.410 - } may provide services within the
boundaries of another health district { - organized under ORS
440.315 to 440.410 - } only with the written permission of that
health district.
(2) A health district { - organized under ORS 440.315 to
440.410 - } may include within its boundaries all or any part of
the territory of a port district organized under ORS chapter 777
if the port district does not then operate a hospital.
SECTION 112. ORS 440.360 is amended to read:
440.360. { - Any corporation formed under this chapter shall
have - } { + A health district has + } all { - the - }
powers necessary to carry out the purposes of ORS 440.315 to
440.410, including, but not limited to, the { - following - }
{ + power + }:
(1) To provide directly or indirectly any physical or mental
health related service.
(2) To make any contract or agreement, to purchase and lease
real and personal property, to enter into business arrangements
or relationships with public or private entities and to create
and participate fully in the operation of any business structure,
including the development of business structures and arrangements
for health care delivery systems and managed care plans.
(3) To participate in community sponsored health screening,
prevention, wellness, improvement or other activities that
address the physical or mental health needs of district
residents. Such participation may include clinical, financial,
administrative, volunteer or other support considered appropriate
by the board.
(4) To perform any other acts that in the judgment of the board
are necessary or appropriate to accomplish the purposes of ORS
440.315 to 440.410.
SECTION 113. ORS 440.370 is amended to read:
440.370. A health district may exercise within its boundaries
the { - same rights and powers - } { + power + } of eminent
domain and { - of purchasing, selling, condemning and
appropriating - } { + may purchase, sell, condemn and
appropriate + } real property, water, water rights and riparian
rights { - , which cities and towns or other corporations have,
to be exercised in any manner authorized by law - } .
SECTION 114. ORS 440.505 is amended to read:
440.505. (1) { - Municipal corporations designated as
ports - } { + A port + } may construct, maintain and operate
hospitals within { - their respective - } { + its + }
boundaries, subject to the provisions and limitations upon
indebtedness of { - such municipal corporations - } { + the
port + } imposed by law. However, after June 23, 1967, a port may
not construct or acquire a hospital if any part of a health
district organized pursuant to ORS 440.315 to 440.410 lies within
the boundaries of the port.
(2) Should any port district under authority of subsection (1)
of this section after August 20, 1957, construct, maintain and
operate a hospital or hospital facilities and levy a tax for any
indebtedness or other expense incurred therefor, all taxable
property in the port district and also within a health district
then operating hospital facilities shall be exempt from all taxes
levied by a port district for such hospital purposes.
{ +
SANITARY DISTRICTS + }
SECTION 115. ORS 450.075 is amended to read:
450.075. { - Every - } { + A + } sanitary district may:
(1) Have and use a common seal.
(2) Sue and be sued in its name.
(3) Acquire, construct, reconstruct, alter, enlarge, renew,
replace, operate and maintain such sewage collection and disposal
systems as in the judgment of the board are necessary and proper
for the area of the district. In the performance of these
functions, either in or out of the district, it may join with any
{ - county, city or other district or governmental agency - }
{ + other public body as defined in ORS 174.109, a federal
agency or another state + } in the joint establishment,
maintenance and operation of such works, and may contract
therefor within the limits of authority conferred by ORS 450.005
to 450.245.
(4) Permit the use, by lease or otherwise, of any property of
the district by any other { - district, city or other
governmental agency - } { + public body as defined in ORS
174.109, a federal agency or another state + }.
(5) Acquire by purchase, gift, devise, condemnation proceedings
or otherwise, such real and personal property and rights of way,
either within or without the limits of the district, as in the
judgment of the board are necessary or proper to the exercise of
its powers, and to pay for and hold the same.
(6) Make and accept contracts, deeds, releases and documents
that, in the judgment of the board, are necessary or proper in
the exercise of any of the powers of the district.
(7) Issue bonds as provided in ORS 450.095 to 450.125.
(8) Determine the rate of levy of taxes in the district, and
fix sewer rentals, charges and assessments as provided in ORS
450.130 to 450.175.
(9) Employ and pay necessary agents, employees and assistants.
(10) Lay its sewers and drains in any public street or road in
the county, and for this purpose enter upon it and make all
necessary and proper excavations, restoring it to its proper
condition. However, the consent of the proper city, county or
state authorities, as the case may be, shall first be obtained
and the conditions of such consent complied with.
(11) Maintain and operate disposal sites and solid waste
collection and disposal systems in compliance with ORS 459.005 to
459.437, 459.992 (1) and (2) and 466.995 (1).
(12) Call all necessary elections.
(13) Compel all residents and property owners in the district
to connect their houses and structures requiring sewage or
drainage disposal with adjacent street sewers, drains or other
sewage disposal system of the district.
(14) Do any act necessary or proper to the complete exercise
and effect of any of its powers or for the purposes for which it
was formed.
(15) Make and enforce all necessary and proper regulations for:
(a) The cleanliness of roads and streets of the district.
(b) All other sanitary purposes not in conflict with the laws
of this state.
(16) Make and enforce necessary and proper regulations
governing the storage, collection, transportation and disposal of
solid wastes where such regulations are supplemental to the
requirements of the Environmental Quality Commission adopted
pursuant to ORS 459.045 and are necessary to meet special local
conditions.
SECTION 116. ORS 450.160 is amended to read:
450.160. (1) In case the whole or any portion of the cost of
sewers, drains or sewage treatment plants is assessed against the
property directly benefited and the owner of the property fails
to pay the amount of the lien, or any portion thereof, or the
interest thereon, when they become due, the board may proceed to
foreclose the lien in any manner provided by law for the
collection of liens by { - municipalities - } { + local
governments as defined in ORS 174.116 + } and may provide by
ordinance a general procedure for the collection of liens in any
manner not inconsistent with law.
(2) The provisions of ORS 223.405 to 223.485 relating to
reassessment shall be available to sanitary districts where
applicable.
{ +
WATER AUTHORITIES + }
SECTION 117. ORS 450.693 is amended to read:
450.693. A water authority may provide any of the services that
it is authorized to provide under ORS 450.600 to 450.989 to other
{ - municipalities - } { + local governments as defined in ORS
174.116 + } situated within the boundaries of the authority at
wholesale, retail or a combination of wholesale and retail.
SECTION 118. ORS 450.695 is amended to read:
450.695. (1) A water authority may acquire water rights from
any { - municipality or any district, as defined in ORS
543.655 - } { + local government as defined in ORS 174.116 + }.
Upon request by the authority if the water right acquired was for
municipal use, the Water Resources Commission shall issue a new
water right certificate to the water authority preserving the
previously established priority of water rights.
(2) In accordance with ORS 540.520 and 540.530, a water
authority may change the points of diversion of water or move the
water intake sources as specified in the water right permits or
certificates of those { - districts or municipalities - } { +
local governments as defined in ORS 174.116 + } that were merged
into the authority.
{ +
SANITARY AUTHORITIES + }
SECTION 119. ORS 450.817 is amended to read:
450.817. A sanitary authority may provide any of the services
that it is authorized to provide under ORS 450.600 to 450.989 to
other { - municipalities - } { + local governments as defined
in ORS 174.116 + } situated within the boundaries of the
authority at wholesale, retail or a combination of wholesale and
retail.
SECTION 120. ORS 450.835 is amended to read:
450.835. { - The - } { + A sanitary + } authority may, in
performing the powers conferred by ORS 450.830:
(1) Contract with { - any city or county, any district
organized for a public purpose, any other governmental agency
or - } any person, { - partnership, association or
corporation - } { + or enter into intergovernmental agreements
under ORS chapter 190, + } for the use or joint operation of all
or any portion of any sewage disposal or drainage system
{ - owned or controlled by such city, county, district, agency,
person, partnership, association or corporation - } ; or
(2) Purchase all or any portion of any sewage disposal or
drainage system { - from such city, county, district, agency,
person, partnership, association or corporation - } on such
terms as are fair and reasonable. Where the area served by such
system, or part thereof, is situated within the authority, the
authority may agree, on such terms as are fair and reasonable, to
furnish sewage disposal or drainage functions for the area then
served by such sewage disposal or drainage system. Under this
subsection, as a part of the purchase agreement and on such terms
as are fair and reasonable, the authority may assume liability
for any outstanding bonded or other indebtedness incurred prior
to the time of purchase in connection with the facilities to be
purchased.
SECTION 121. ORS 450.875 is amended to read:
450.875. (1) In case the whole or any portion of the cost of
sewage treatment plants, trunk or lateral sewers or drains is
assessed against property directly benefited and the owner of the
property fails to pay the amount of the lien, or any portion
thereof, or the interest thereon, when due, the board may proceed
to foreclose the lien in any manner provided by law for the
collection of liens by { - municipalities - } { + local
governments as defined in ORS 174.116 + } and may provide by
ordinance a general procedure for the collection of liens in any
manner not inconsistent with law.
(2) The provisions of ORS 223.405 to 223.485 relating to
reassessment shall be available to sanitary authorities where
applicable.
{ +
COUNTY SERVICE DISTRICTS + }
SECTION 122. ORS 451.410 is amended to read:
451.410. As used in ORS 451.410 to 451.610, unless the context
indicates otherwise:
(1) 'County court' includes the board of county commissioners.
(2) 'District' means a { - municipal corporation - } { +
county service district + } established under ORS 451.410 to
451.610 to provide service facilities in a county or counties.
(3) 'Service facilities' means public service installations,
works or services provided within a county or counties for any or
all of the purposes specified in ORS 451.010.
(4) 'Owner' shall be deemed to be the record owner of real
property or holder of a duly recorded contract for purchase of
real property within the district.
(5) 'Formation' has the meaning given that term by ORS 198.705
(9).
(6) 'Change of organization' has the meaning given that term by
ORS 198.705 (5).
(7) 'County' has the meaning given that term by ORS 198.705
(16).
SECTION 123. ORS 451.485 is amended to read:
451.485. The county court shall be the governing body of
{ - any - } { + a county service + } district established
under ORS 451.410 to 451.610. { - Such - } { + A + } district
shall be { - a municipal corporation - } known by the name or
number specified in the order declaring its formation and by that
name shall exercise and carry out the
{ - corporate - } powers and { - objects - } { +
duties + } conferred and declared in this chapter. Before
proceeding to construct or provide any service facilities
authorized by this chapter, the governing body of the district
shall make an order:
(1) Determining the service facilities to be constructed,
maintained and operated and the part of the work to be undertaken
immediately.
(2) Determining the manner of financing the construction,
maintenance and operation of the service facilities.
(3) Determining the method by which the district shall bear the
share of the cost of construction of the service facilities
{ - which - } { + that + } is to be apportioned to the
district.
(4) Where it appears that any service facilities to be
constructed will provide service to areas outside the district at
some future date, determining the equitable and fair share of the
cost of construction of such facilities { - which - }
{ + that + } should be borne by such areas, which share shall be
borne by the revolving fund established under ORS 451.540, by
funds obtained by the county under ORS 280.055 or by any other
method of financing described by ORS 451.490 until such areas are
served by the facilities.
(5) Where the service facilities of the district are to be
integrated into other service facilities constructed or being
constructed by another district or by other public
{ - agencies - } { + bodies as defined in ORS 174.109 + },
determining the fair and equitable amount the district should
assume as its share of the construction of such other service
facilities, which amount shall be paid to the other district or
public { - agencies - } { + body + } upon terms and
conditions to which the governing body of the district has
agreed.
(6) In the case of sewage works, where trunk or interceptor
sewers, treatment plants and similar facilities are to be charged
to all property within the district while lateral sewers, street
mains and similar facilities are to be charged only to property
to be served immediately by the system, determining the fair and
equitable share of the total cost to be charged to areas within
the district.
(7) If any of the cost of the work is to be assessed against
benefited property, describing portions of the district, if any,
within which service facilities will not be financed by
assessment.
SECTION 124. ORS 451.520 is amended to read:
451.520. (1) When assessments are made under ORS 451.410 to
451.610 they shall be entered in a permanent lien docket which
shall be kept in the office of the county clerk of the county.
The docket shall show the amount of each lien, property against
which it has been assessed, the owner thereof and such additional
information as is required to keep a permanent and complete
record of the assessment and the payments thereon.
(2) If the owner of the property against which an assessment
has been made fails to pay the assessment, or any portion
thereof, or the interest thereon, when due, the district may
proceed to foreclose the lien in any manner provided by law for
the collection of liens by { - municipalities - } { + local
governments as defined in ORS 174.116 + } or may provide by
ordinance a general procedure for the collection of such liens in
any manner not inconsistent with law.
(3) The provisions of ORS 223.405 to 223.485 relating to
reassessment shall be available to the district, where
applicable, in connection with assessments made under ORS 451.410
to 451.610.
(4) In addition to the procedure provided by subsections (1),
(2) and (3) of this section, the provisions of ORS 372.170 and
372.180 shall be available to the district, where applicable, in
connection with assessments made under ORS 451.410 to 451.610.
{ +
RURAL FIRE PROTECTION DISTRICTS + }
SECTION 125. ORS 478.300 is amended to read:
478.300. (1) In addition to the authority to enter { + into
intergovernmental + } agreements under ORS { - 190.003 to
190.620 - } { + chapter 190 + }, a { + rural fire
protection + } district { - , city, municipal corporation or
other governmental agency, - } { + or other public body as
defined in ORS 174.109 + } may contract with any person for the
purpose of affording fire fighting, protection or prevention
facilities or road-lighting facilities and services, or both, to
such person.
(2) When any { + agreement or + } contract is entered into
pursuant to ORS { - 190.003 to 190.620 - } { + chapter
190 + } or subsection (1) of this section to provide fire
protection service, the { + rural fire protection + } district
{ - , city, municipal corporation or governmental agency - }
{ + or other public body + } providing such service shall have
authority over open burning and the issuance of fire permits in
the area served, and may in accordance with this chapter make
reasonable rules and regulations relating thereto.
SECTION 126. ORS 478.990 is amended to read:
478.990. (1) Violation of any provision of ORS 478.930 is a
Class D violation. Each day's refusal to remove fire hazards
after notice by the inspecting officer to the owner of the
premises where the hazard exists is a separate offense.
(2) Burning without a permit required under ORS 478.960 (1) or
in violation of a condition thereof is a misdemeanor.
(3) Violation of ORS 478.960 (4) is a misdemeanor.
(4) Subject to ORS 153.022 and 153.025, violation of any rule
or regulation made by a { + rural fire protection + } district
{ - , city, municipal corporation or governmental agency - }
{ + or other public body, as defined in ORS 174.109, + }
pursuant to ORS 478.300 (2) is a misdemeanor. { - Violations
may be prosecuted in state or municipal courts when violations
occur in the municipality making such rules or regulations.
Justice courts have concurrent jurisdiction with circuit courts
of violations. - }
{ +
GEOTHERMAL HEATING DISTRICTS + }
SECTION 127. ORS 523.030 is amended to read:
523.030. { - Communities may be incorporated - } { + A
geothermal heating district may be formed + } for the purpose of
supplying
{ - their - } inhabitants { + of the district + } with
geothermal heat as provided by this chapter { - ; - } { + . + }
{ - and, - } In connection { - therewith - } { + with
supplying geothermal heat + }, { + a district + } may supply,
furnish and sell for any use any surplus geothermal heat over and
above the heating needs of its inhabitants to { - any - }
persons { - , corporations or associations, either within or
without - } { + outside + } the district, or to { + school
districts or + }other { - communities or municipal
corporations - } { + local governments as defined in ORS
174.116 + }. All railroad rights of way or improvements thereon
or rolling stock moving thereover shall be excluded from
districts organized under ORS 198.010, 198.180, 198.520, 198.710,
199.420, 255.012, 366.321, 451.573 and this chapter and for
purposes of this chapter shall not be considered as property
within the boundaries of such districts, unless the owner of the
railroad property expressly consents to its inclusion.
SECTION 128. ORS 523.050 is amended to read:
523.050. A { + geothermal heating + } district may purchase,
sell and hold interests in water and real property in carrying
out the objects of the district. A district also has the right to
purchase or obtain from { - other - } cities or { - like
corporations - } { + other geothermal heating districts + },
geothermal heat, or an interest in geothermal heat, or an
interest in a geothermal heat pipeline owned or operated by
{ - any such - } { + a + } city or { - like corporation - }
{ + other geothermal heating district + }, or to obtain jointly
with { - any such - } { + a + } city or { - like
corporation - } { + other geothermal heating district + }, any
right, or to lay and own individually or jointly with any city or
{ - like corporation - } { + other geothermal heating
district + }, any geothermal heat pipeline for the purposes
specified in ORS 523.030.
SECTION 129. ORS 523.130 is amended to read:
523.130. A { + geothermal heating + } district shall charge
consumers for the geothermal heat furnished and fix and collect
the rates therefor. Rates charged may be fixed and classified
according to the type of use and according to the amount of
geothermal heat used. Any contract entered into by a district
with { - individuals, corporations or associations - } { +
persons + } other than domestic users shall provide for immediate
cancellation whenever no surplus supply of geothermal heat exists
over and above any and all demands of domestic users. A district
also may contract with
{ - other communities, geothermal heat districts, individuals
or corporations, private or municipal, - } { + any person or
may enter into an intergovernmental agreement under ORS chapter
190 + } to supply, furnish and sell { - them - } surplus
geothermal heat on such terms and conditions and at such rates as
the board of commissioners considers advisable.
SECTION 130. ORS 523.240 is amended to read:
523.240. The { - district - } board { + of a geothermal
heating district + } may provide in the improvement resolution
that the construction work will be done in whole, or in part, by
the district, by a contract or by any other { - governmental
agency - } { + public body as defined in ORS 174.109 + }, or by
any combination thereof.
{ +
IRRIGATION DISTRICTS + }
SECTION 131. ORS 545.057 is amended to read:
545.057. The holders of title, or evidence of title,
representing a majority of the acreage of any body of land
adjacent to the boundaries of any irrigation district may file
with the board of directors of the district a written petition
requesting that the body of land be included in the district. For
purposes of this section, the body of land may include or consist
of one or more parcels of less than one acre, without regard to
whether or not the parcels are city lots or tracts of a platted
subdivision or are chiefly available for residence purposes. When
the body of land is located within the boundary of { - an
incorporated - } { + a + } city, the petition shall be approved
by the governing body of the city before presentation to the
board of directors. The petition shall describe the tracts or
body of land owned by the petitioners. Reference to the
assessor's map and tax lot number is sufficient for the
description of lands required under this section. The petition
shall give assent of the petitioners to the inclusion into the
district of the lands described in the petition. The petition
must be acknowledged in the same manner that conveyances of land
are required to be acknowledged.
SECTION 132. ORS 545.257 is amended to read:
545.257. When an irrigation district is authorized by the
electors of the district as provided in ORS 545.305 and when it
appears necessary, proper or beneficial to its inhabitants, the
irrigation district may:
(1) Acquire by gift, lease, purchase, condemnation or other
legal means, domestic and municipal water works or water systems,
and property incident to the works or systems, including
reservoirs, pumps, mains, stations, water, water rights and all
appurtenances. As a part of a transaction of acquisition, the
district may assume any outstanding obligations on the water
works or water systems. However, a right of condemnation shall
not be granted against property of { - an incorporated - }
{ + a + } city.
(2) Construct, reconstruct, equip, own, maintain, operate,
sell, lease and dispose of, domestic and municipal water works or
systems and property, and all appurtenances incident to the
works, systems or property.
(3) Furnish water for domestic and municipal uses to premises
and inhabitants within its district. In connection with
furnishing water for domestic and municipal use, the district may
supply, furnish and sell, for the uses mentioned in this section,
any surplus water over and above the domestic and municipal needs
of its inhabitants, to persons { - , incorporated communities,
water districts, or other municipal or quasi-municipal
districts - } { + or other public bodies as defined in ORS
174.109, + } either within or outside the district. However, the
power to furnish water for domestic and municipal uses granted by
this section shall not be exercised in such a manner as to impair
the service of the district in furnishing water for irrigation
purposes.
{ +
DRAINAGE DISTRICTS + }
SECTION 133. ORS 547.045 is amended to read:
547.045. (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 { - assistant director, as defined in ORS
179.010, of the division having jurisdiction over the
institution - } { + 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 { - created under the
laws of this state - } { + 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) { - Such - } Lands belonging to { - the state or
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 { - division having jurisdiction over the
institution - } { + 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
{ - division - } { + department + } or any assessments levied
against such lands by the diking or drainage district.
{ +
WATER IMPROVEMENT DISTRICTS + }
SECTION 134. ORS 552.113 is amended to read:
552.113. (1) This chapter shall not be construed to affect,
amend or repeal any other law of Oregon or to affect or impair
the vested rights of any person { - , municipal corporation,
irrigation district, drainage district, the state, or any
county - } { + or public body as defined in ORS 174.109 + } to
the use of water or rights in the use of water.
(2) A { + water improvement + } district formed under this
chapter shall include not less than 1,000 acres of land. Lands
located within the boundaries of a city, domestic water supply
corporation, irrigation district, drainage district or other
similar special district providing water for use or water control
may be included within the boundaries of a water improvement
district without the consent of the city or other district.
(3)(a) If any part of a city or other special district is
included within the boundaries described in a petition for
creation of a district or for annexation of territory to a
district, within three days after the petition is filed, the
petitioners shall notify the city or other district of the filing
of the petition.
(b) The city or other district may withdraw the territory
within its boundaries from the proposed water improvement
district or annexation by describing the area within the city or
other district in a resolution and filing the resolution with the
county board within 90 days after the filing of the petition. If
a withdrawal is so filed, the area within the city or other
district shall not be included within the proposal.
SECTION 135. ORS 552.305 is amended to read:
552.305. A water improvement district { - shall constitute a
governmental subdivision of this state, and a public body,
corporate and politic, exercising public power. It shall have - }
{ + has + } full power to carry out the objects of its creation
and to that end may:
(1) Have and use a seal.
(2) Have perpetual succession.
(3) Sue and be sued in its own name.
(4) Acquire by condemnation, purchase, devise, gift or
voluntary grant real and personal property or any interest
therein, located inside or outside of the boundaries of the
district { + , + } and take, hold, possess and dispose of real
and personal property purchased from, or donated by, the United
States, or any state, territory, { - county, city or other
municipal corporation - } { + public body as defined in ORS
174.109 + } or person for the purpose of aiding in the objects of
the district.
(5) { - Contract with the United States or with any county,
city or state, or public district, or any of their departments or
agencies, - } { + Enter into intergovernmental agreements under
ORS chapter 190 + } for the construction, preservation,
improvement, operation or maintenance of any works.
(6) Build, construct, purchase, improve, operate and maintain,
subject to other applicable provisions of law, all works
necessary or desirable under any engineering plan adopted by the
district.
(7) Enter into contracts and employ agents, engineers and
attorneys.
(8) Appropriate and acquire water and water rights and sell,
lease and deliver water for irrigation and other purposes both
inside and outside the district.
(9) Do such other acts or things as may be necessary for the
proper exercise of the powers granted to make the greatest
beneficial use of the waters of the district.
SECTION 136. ORS 552.320 is amended to read:
552.320. A { + water improvement + } district may:
(1) Acquire, construct, reconstruct, equip, own, maintain,
operate, sell, lease and dispose of domestic, industrial and
municipal water works or systems and property and all
appurtenances incident thereto.
(2) Furnish water for domestic, industrial and municipal uses
to premises and inhabitants within the district, and in
connection therewith, may supply, furnish and sell any surplus
water storage or carrying capacity over and above the domestic,
industrial and municipal needs of its inhabitants to persons
{ - , corporations, cities, water districts or other municipal
or quasi-municipal districts - } { + or public bodies as
defined in ORS 174.109 + }, either within or without the
district. However:
(a) A district shall not sell, offer to sell, lease or deliver
water within a city that is receiving water for any purpose from
a public utility as defined by ORS 757.005; and
(b) The power to furnish water for domestic, industrial and
municipal uses under this section shall not be exercised in such
a manner as to impair the service of the district in furnishing
water for its inhabitants.
{ +
WATER CONTROL DISTRICTS + }
SECTION 137. ORS 553.010 is amended to read:
553.010. As used in this chapter, except where the context
clearly indicates a different meaning:
(1) 'Board' means the board of directors of a water control
district created under the provisions of this chapter.
(2) 'District' means a water control district created under
this chapter.
(3) 'Court' means the county court having jurisdiction over a
water control district and includes the board of county
commissioners.
(4) 'Land' or 'tract of land' means real property, together
with improvements thereon, whether publicly or privately owned,
within a district.
(5) 'Landowner,' 'owner,' 'owner of land' and 'owner in fee'
are synonymous and mean a person, { - firm, private
corporation, association, municipal corporation, public
corporation, county, the State of Oregon - } { + public body as
defined in ORS 174.109 + }, or the federal government or any
agency thereof, owning a tract of land situated within a
district, or within the boundaries of a proposed district. The
vendee named in a bona fide contract of sale of a tract of land
situated within a district shall be considered as a landowner to
the exclusion of the vendor. Whenever two or more persons own a
tract of land as tenants in common or by entirety, each such
person shall be regarded as a landowner. The guardian,
administrator or executor authorized to act as such of a person
or estate owning land within a district shall be considered a
landowner.
(6) 'Works' means dams, storage reservoirs, canals, ditches,
dikes, levees, revetments, and all other structures, facilities,
improvements and property necessary or convenient for draining
land, controlling flood or surface waters, or supplying lands
with water for irrigation, domestic or other purposes.
(7) 'Notice by publication' means the giving of notice by
publication in a newspaper defined as a legal publication under
the laws of Oregon in each county in which lands within a
district are located. A notice of a hearing to be held before the
board of a district or the court shall be published once each
week for four consecutive weeks making four publications and the
last publication of such notice shall be at least 10 days before
the date set for the hearing. All other notices required to be
published under the provisions of this chapter shall be published
once each week for two consecutive weeks making two publications,
and the last publication shall be at least five days before the
date of the event for which the notice is given. This subsection
does not apply to provision of notice for an election.
(8) 'Engineering plan' means the plans and specifications for
the works to be constructed or purchased within any subdistrict,
including such maps, profiles, plans and other data as may be
necessary to set forth the location, character of the work, the
property benefited, taken or damaged, showing any and all rights
of way or other property which may be required for the
construction of any works, together with the estimates of the
cost of the works and an estimate of the benefits and damages
which will accrue to each tract of land within a subdistrict upon
the construction or purchase of the works. A project work plan
prepared for a subdistrict in cooperation with a soil and water
conservation district may be adopted as the engineering plan,
even though such project work plan is not the final construction
plan, and does not give an estimate of the benefits and damages
which will accrue to each tract.
(9) 'Apportion' means to determine the proportionate share of
any assessment which is to be borne by a tract of land subject to
assessment or to determine the proportionate share of any charge
which is to be borne by the owner or occupant of a tract of land.
The determination shall be made by calculating the percentage
ratio of the appraised benefits of a tract of land to the total
appraised benefits accruing to all tracts of land, or owners and
occupants thereof, subject to the assessment or charge and
allocating to the tracts of land, or owners and occupants, the
same percentage of the total sum of money to be raised by the
assessment or charge.
(10) 'New assessed valuation' means the assessed valuation of a
tract of land as assessed by the county assessor for the county
in which the land is located for the year in which an adjustment
of benefits is made by a district.
(11) 'Original appraised benefits' means the benefits
determined to accrue to a tract of land by an appraisal.
(12) 'Original assessed valuation' means the assessed valuation
of a tract of land as assessed by the county assessor for the
county in which the land is located for the year in which the
original benefits were determined.
(13) 'Record' means to file a document for recording with the
county clerk of each county in which the lands within a district
or subdistrict are located.
SECTION 138. ORS 553.090 is amended to read:
553.090. A water control district formed under the provisions
of this chapter { - shall constitute a governmental subdivision
of this state, and a public body, corporate and politic,
exercising public power. It shall have - } { + has + } full
power to carry out the objects of its creation and to that end
may:
(1) Have and use a seal.
(2) Have perpetual succession.
(3) Sue and be sued in its own name.
(4) Acquire by condemnation, purchase, devise, gift or
voluntary grant real and personal property or any interest
therein, located inside or outside of the boundaries of the
district.
(5) { - Contract with the United States or with any county,
city or state, or public district, or any of their departments or
agencies, - } { + Enter into intergovernmental agreements under
ORS chapter 190 + } for the construction, preservation,
improvement, operation or maintenance of any works.
(6) Build, construct, purchase, improve, operate and maintain,
subject to other applicable provisions of law, all works and
improvements necessary or desirable under any engineering plan
adopted by the district.
(7) Enter into contracts and employ agents, engineers and
attorneys.
(8) Appropriate and acquire water and water rights and sell,
lease and deliver water for irrigation and other purposes both
inside and outside the district.
(9) Create special assessment districts, hereinafter referred
to as subdistricts, for the purpose of levying assessments
against lands benefited by works constructed by the district or
ad valorem taxes on all taxable property within the subdistrict.
(10) Levy assessments against lands benefited by works
constructed by the district or, in lieu of all assessments
provided for by ORS 553.510 (2), (3) and (4), levy ad valorem
taxes on all taxable property within the subdistrict in order to
provide funds for the construction, purchase, improvement,
operation or maintenance of such works.
(11) Borrow money and issue notes, bonds, and other
indebtedness secured by mortgage liens, pledge of special
assessments as provided in ORS 553.510, or pledge of other income
or revenue of the district, or any combination thereof.
(12) In addition to or in lieu of the levy of assessments
against the lands of the district, impose and collect service
charges upon the owners or occupants of the property served by
the works of the district and impose and collect user charges,
fees and tolls for use of the works, facilities and services of
the district.
(13) Do such other acts or things as may be necessary for the
proper exercise of the powers herein granted.
SECTION 139. ORS 553.110 is amended to read:
553.110. (1) This chapter shall not be construed to affect,
amend or repeal any other law of Oregon or to affect or impair
the vested rights of any person { - , municipal corporation,
irrigation district, drainage district, the state, or any
county - } { + or public body as defined in ORS 174.109, + } to
the use of water or rights in the use of water.
(2) No lands located within the boundaries of any
{ - municipal corporation - } { + city + }, irrigation
district or drainage district shall be included within the
boundaries of a water control district without the consent of
{ - such municipal corporation, irrigation district or drainage
district - } { + the city or district + }.
(3) No lands publicly owned and no lands of any railroad,
public utility or telecommunications utility shall be assessed
without the consent of the owner thereof.
SECTION 140. ORS 553.250 is amended to read:
553.250. (1) Notwithstanding any other provisions of this
chapter, any water control district, whenever it appears
necessary, proper or beneficial to its inhabitants, may acquire,
construct, reconstruct, equip, own, maintain, operate, sell,
lease and dispose of domestic, industrial and municipal water
works or systems and property and all appurtenances incident
thereto.
(2) Any such water control district may furnish water for
domestic, industrial and municipal uses to premises and
inhabitants within its district, and in connection therewith, may
supply, furnish and sell any surplus water storage or carrying
capacity over and above the domestic, industrial and municipal
needs of its inhabitants to persons { - , corporations,
incorporated communities, water districts or other municipal or
quasi-municipal districts - } { + and other public bodies as
defined in ORS 174.109 + }, either within or without the
district; provided, however, that the power to furnish water for
domestic, industrial and municipal uses herein conferred will not
be exercised in such a manner as to impair the service of the
district in furnishing water for its inhabitants.
SECTION 141. ORS 553.710 is amended to read:
553.710. After the creation of a subdistrict, and with the
approval of the electors of the subdistrict, a water control
district may enter into { - a contract with the Government of
the United States or with the State of Oregon or with any agency
or subdivision thereof or with any municipal corporation - }
{ + intergovernmental agreements under ORS chapter 190 + } for
the construction of works within the subdistrict or outside of
the subdistrict for the benefit of lands within the subdistrict.
If by reason of { - any such contract - } { + an
intergovernmental agreement + } a district becomes obligated to
contribute all or any part of the cost of constructing such works
or to furnish rights of way or to pay for the cost of
improvements to be made in conjunction with the construction of
such works or to maintain and operate the works after the
construction thereof, the district may levy an ad valorem tax
against the lands within the subdistrict for the purpose of
raising funds with which to discharge its { - contract - }
obligations { + under the agreement + } and to pay the costs and
expenses incurred by the district in connection therewith. The
levy of an ad valorem tax for such purposes shall be in lieu of
and not in addition to any other method of levying assessments by
a water control district.
{ +
FAIR DISTRICTS + }
SECTION 142. ORS 565.275 is amended to read:
565.275. (1) { - A fair district shall constitute a municipal
corporation of this state, and a public body, corporate and
politic, exercising public power. - } A fair district may:
(a) Have and use a common seal.
(b) Sue and be sued in its name.
(c) Make and accept any and all contracts, deeds, leases,
releases and documents of any kind that, in the judgment of the
district board, are necessary or proper to the exercise of any
power of the district, and to direct the payment of all lawful
claims or demands.
(d) Assess, levy and collect taxes to pay the cost of acquiring
sites for the county fair and constructing, reconstructing,
altering, operating and maintaining the ground and all other
property devoted to the use of the county fair, the expenses
incurred in the business management and financial and other
affairs of the county fair and any lawful claims against the
district.
(e) Employ all necessary agents and assistants.
(f) Call elections after the formation of the district.
(g) Generally do any acts necessary and proper to the complete
exercise and effect of any of its powers or the purposes for
which it was formed.
(2) The officers of the district shall be a board of five
members elected by the electors of the district. The district
board shall be the governing body of the district and shall
exercise all powers of the district.
(3) Five district board members shall be elected at the
election for district formation. If the effective date of the
formation of the district occurs in an odd-numbered year, two
district board members shall be elected for four-year terms and
the other three district board members shall be elected for
two-year terms. If the effective date of the formation occurs in
an even-numbered year, two district board members shall be
elected for three-year terms and the other three district board
members shall be elected for one-year terms. The district board
members shall be elected at large by position number. Each
district board member shall hold office until election and
qualification of a successor.
(4) ORS chapter 255 governs the nomination and election of
district board members and the conduct of district elections.
(5) The district board in each year shall determine and fix the
amount of money to be levied and raised by taxation for the
purposes of the district.
(6) A county may convey or otherwise transfer public property
to a fair district as provided by law.
{ +
SOIL AND WATER CONSERVATION DISTRICTS + }
SECTION 143. ORS 568.210 is amended to read:
568.210. As used in ORS 568.210 to 568.808 and 568.900 to
568.933, unless the context requires otherwise:
(1) 'Agency of this state' { - includes the government of
this state and any subdivision, agency or instrumentality,
corporate or otherwise, of the government of this state - } { +
means any public body as defined in ORS 174.109 + }.
(2) 'Department' means the State Department of Agriculture.
(3) 'Director' means one of the members of the local governing
body of a district elected or appointed in accordance with the
provisions of ORS 568.210 to 568.808 and 568.900 to 568.933.
(4) 'District' { - or - } { + means a + } { - ' - } soil
and water conservation district { + . + } { - ' means a
governmental subdivision of this state, and a public body
corporate and politic, but without power to issue bonds or make
assessments except as provided in ORS 568.805, organized in
accordance with the provisions of ORS 568.210 to 568.808 and
568.900 to 568.933 for the purposes, with the powers, and subject
to the restrictions set forth in ORS 568.210 to 568.808 and
568.900 to 568.933. - }
(5) 'Due notice' means notice published at least twice, with an
interval of at least seven days between the two publication
dates, in a newspaper or other publication of general circulation
within the appropriate area, or if no such publication of general
circulation is available, by posting at a reasonable number of
conspicuous places within the appropriate area, such posting to
include, where possible, posting at public places where it may be
customary to post notices concerning county or municipal affairs
generally. At any hearing held pursuant to such notice, at the
time and place designated in such notice, adjournment may be made
from time to time without the necessity of renewing such notice
for such adjourned dates.
(6) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(7) 'Government' or 'governmental' { - includes the
government of this state, - } { + means + } the government of
the United States, and any subdivision, agency or
instrumentality, corporate or otherwise, of { - either of
them - } { + the government of the United States, and any
public body as defined in ORS 174.109 + }.
(8) 'Land' or 'acres of land' includes land owned by any of the
parties enumerated in subsection (10) of this section.
(9) 'Land occupier' or 'occupiers of land' includes any person
{ - , firm or corporation - } who is in possession of any land
lying within a district, whether as lessee, renter or tenant.
(10) 'Landowner' includes any person { - , firm, corporation,
the state, any county within the state, or municipality, - }
{ + or public body as defined in ORS 174.109 + } shown by
records of the county to be the owner of land or having such land
under contract to purchase, lying within a district.
(11) 'Long-range program' means a long-range plan for the
conservation and development of the renewable natural resources
of a district.
(12) 'Nominating petition' means a petition filed under ORS
568.520 to nominate candidates for director.
(13) 'Petition' means a petition filed under ORS 568.300 (1)
for the creation of a district.
(14) 'State' means the State of Oregon.
(15) 'United States' or 'agencies of the United States '
includes the United States of America, the United States Natural
Resources Conservation Service, or its successor agency, and any
other agency or instrumentality, corporate or otherwise, of the
United States of America.
SECTION 144. ORS 568.225 is amended to read:
568.225. (1) In recognition of the ever-increasing demands on
the renewable natural resources of the state and of the need to
conserve, protect and develop such resources, it is hereby
declared to be the policy of the Legislative Assembly to provide
for the conservation of the renewable natural resources of the
state and thereby to conserve and develop natural resources,
control and prevent soil erosion, control floods, conserve and
develop water resources and water quality, prevent impairment of
dams and reservoirs, assist in maintaining the navigability of
rivers and harbors, preserve wildlife, conserve natural beauty,
promote recreational development, protect the tax base, protect
public lands and protect and promote the health, safety and
general welfare of the people of this state.
(2) It is further the policy of the Legislative Assembly to
authorize soil and water conservation districts established under
ORS 568.210 to 568.808 and 568.900 to 568.933 to participate in
effectuating the policy set forth in subsection (1) of this
section and for such purposes to cooperate with landowners, land
occupiers, other natural resource users, other local
{ - governmental units - } { + governments as defined in ORS
174.116 + }, and with agencies of the government of this state
and of the United States, in projects, programs and activities
calculated to accelerate such policies. In effectuating the
policy set forth in subsection (1) of this section, the soil and
water conservation districts also shall strive to achieve the
goal set forth in ORS 468B.155.
SECTION 145. ORS 568.410 is amended to read:
568.410. { - The district shall be a governmental subdivision
of this state and a public body corporate and politic, upon the
taking of the following proceedings: - } { + A soil and water
conservation district may be formed in the following manner: + }
(1) The three candidates referred to in ORS 568.540 shall
present to the Secretary of State an application signed and sworn
to by them, which shall set forth the procedure followed in the
formation of the district.
(2) The application shall be accompanied by a map of uniform
scale showing the location and boundaries of the district and by
a statement by the State Department of Agriculture. The statement
shall certify that a petition was filed, notice issued and
hearing held as provided by ORS 568.300 to 568.320; that the
department did determine that there is need, in the interest of
the general welfare, for a soil and water conservation district
to function in the proposed territory and did define the
boundaries thereof; that notice was given and a referendum held
on the question of the creation of the district, and that the
result of the referendum showed the required majority of the
electors residing in the district to favor creation of the
district.
(3) The Secretary of State shall examine the application and
statement. If the Secretary of State finds that the name proposed
for the district is not identical with that of any other district
of this state or so nearly similar as to lead to confusion or
uncertainty, the Secretary of State shall receive and file them
and shall record them in an appropriate book of record in the
office of the secretary.
(4) If the Secretary of State finds that the name proposed for
the district is identical with that of any other soil and water
conservation district of this state or so nearly similar as to
lead to confusion and uncertainty, the Secretary of State shall
certify such fact to the department, which shall thereupon submit
to the Secretary of State a name for the district which is not
subject to such defects.
(5) Upon receipt of the new name free of such defects, the
Secretary of State shall record the application and statement,
with the name so modified.
(6) { + The formation of the district is final + } when the
application and statement have been made, filed and recorded as
provided in this section { - , the district shall constitute a
governmental subdivision of this state and a public body
corporate and politic - } .
SECTION 146. ORS 568.805 is amended to read:
568.805. (1) A district may finance the exercise of any
district power or function authorized under this chapter by
levying special assessments against property directly benefited
thereby and by issuing special assessment improvement bonds. As
security for the bonds, the district may pledge all or any part
of the revenue from special assessments levied against property
directly benefited. The rights and duties accorded a city and the
owners of property in a city under ORS 223.389 and 223.391 for
levying special assessments and issuing special assessment
improvement bonds shall apply in the same manner to a district
and the owners of property in the district for purposes of
levying assessments and issuing special assessment improvement
bonds under this section.
(2) In addition to other requirements of ORS 223.389 and
223.391, the directors of a district shall fix a date by which
written objections to the amount of proposed assessments levied
under this section may be filed with the district. The date so
fixed shall be not less than 50 days after notice of the proposed
assessment is mailed or delivered to the owner of each lot or
parcel of property to be assessed. If written objections to the
proposed assessments are filed by that date by at least 50
percent of the owners of property to be assessed who are also
liable for at least 60 percent of the total amount of
assessments, the directors of the district shall terminate the
proposed project and assessments. { +
(3) Except as provided in this section, a district may not
issue bonds or make assessments. + }
{ +
PORTS + }
SECTION 147. ORS 777.005 is amended to read:
777.005. As used in ORS 777.005 to 777.725 and 777.915 to
777.953, unless the context requires otherwise:
(1) 'Board' means the board of commissioners of a port.
(2) 'County' means the county in which the port, or the greater
portion of the area of the port, is located.
(3) 'County board' means the county court or the board of
county commissioners of the county.
(4) 'County clerk' means the county clerk of the county.
(5) 'Port' means a { - municipal corporation incorporated, or
proposed to be incorporated, - } { + port formed + } pursuant
to ORS 777.010 and 777.050.
(6) 'Owner' or 'landowner' means the record owner of real
property or the vendee of a recorded contract of purchase of real
property, if any, to the exclusion of the vendor.
SECTION 148. ORS 777.010 is amended to read:
777.010. (1) { - Municipal corporations designated as - }
Ports may be { - incorporated, - } { + formed + } in the
manner provided in this section and ORS 777.050.
(2) A proposed port may include all the territory in one
county. However, where a petition is filed for
{ - incorporation - } { + formation + } of a port, the
territorial limits of which do not include the county as a whole,
the limits proposed by the petition shall not extend beyond the
natural watershed of any drainage basin whose waters flow into
another bay, estuary or river navigable from the sea situate
within the county.
SECTION 149. ORS 777.112 is amended to read:
777.112. (1) A port may enter into { - a contract with the
United States, or with a county, city, port or other municipal
corporation of the State of Oregon or of the State of Washington
or with either of those states - } { + intergovernmental
agreements under ORS chapter 190 + }:
(a) To provide facilities or services that any of the
{ - contracting - } parties { + to the agreement + } might
provide or perform separately for the improvement or maintenance
of the bays, harbors and channels of the Columbia River and other
Oregon rivers and streams; or
(b) To exercise the powers { - which - } { + that + } any
of the
{ - contracting - } parties { + to the agreement + } has to
control the use of the waters, shores and banks thereof.
(2) Any port may enter into { - any - } { + a + } contract
{ + with any person + } or { + into an intergovernmental
+ }agreement { + under ORS chapter 190 + } { - with
established diking districts, drainage districts, soil and water
conservation districts, water control districts or
corporations - } for the use and control of water for promoting
erosion control, pollution control or otherwise protecting,
maintaining and enhancing waters within the boundaries of the
port district.
(3) Expenses incurred or revenues received in the performance
of a contract or agreement entered into under subsections (1) and
(2) of this section shall be allocated among the
{ - contracting - } parties as the contract { + or
agreement + } shall provide.
SECTION 150. ORS 777.113 is amended to read:
777.113. Consistent with the purposes, functions and powers
granted to it by law, a port may provide research or technical
assistance for the planning, promotion or implementation of
commercial, industrial or economic development projects upon
request by any { - city, county or municipal corporation - }
{ + public body as defined in ORS 174.109 + } within the
boundaries of the port.
SECTION 151. ORS 778.010 is amended to read:
778.010. The Portland metropolitan area { - hereby - } is
{ - created as - } a separate district, to be known as the Port
of Portland { - . The inhabitants thereof hereby are constituted
and declared to be a corporation by the name and style of 'The
Port of Portland,' - } { + , + } and as such shall have
perpetual succession, and by that name shall exercise and carry
out all the powers and objects conferred on it by law. The port
may sue and be sued, plead and be impleaded in all actions, suits
or proceedings brought by or against it; provided, however, that
the bonded or other indebtedness of the port { - which - }
{ + that + } was chargeable to or a lien upon the property
within the limits of the port:
(1) Prior to June 30, 1963, shall not be chargeable to or a
lien upon all of that property which lies east of the east
boundary line of range two east of the Willamette Meridian in
Multnomah County; or
(2) Prior to June 30, 1973, shall not be chargeable to or a
lien upon all that property lying within the boundaries of
Clackamas and Washington Counties.
SECTION 152. ORS 285A.603 is amended to read:
285A.603. As used in ORS 285A.603 to 285A.633, unless the
context requires otherwise:
(1) 'Port' means the Port of Portland and any { - municipal
corporation established - } { + port formed + } pursuant to ORS
777.005 to 777.725 and 777.915 to 777.953.
(2) 'Ports Division' or 'division' means the Ports Division of
the Economic and Community Development Department.
SECTION 153. ORS 285A.654 is amended to read:
285A.654. (1) There is created within the State Treasury,
separate and distinct from the General Fund, the Port Planning
and Marketing Fund. All moneys in the Port Planning and Marketing
Fund are appropriated continuously to the Ports Division and
shall be used by the division for:
(a) Administrative expenses of the division in processing grant
applications and investigating proposed planning or marketing
projects related to ports.
(b) Payment of grants under ORS 285A.654 to 285A.660 to ports
{ - incorporated - } { + formed + } under ORS 777.010 and
777.050.
(c) Direct purchase by the division of goods or services to
assist ports in implementing planning or marketing projects
approved for grant financing under ORS 285A.654 to 285A.660.
(2) The Port Planning and Marketing Fund shall consist of:
(a) Moneys appropriated to the fund by the Legislative
Assembly.
(b) Moneys obtained from gifts or grants received under ORS
285A.200.
(c) Moneys obtained from interest earned on the investment of
such moneys.
(3) Moneys in the Port Planning and Marketing Fund, with the
approval of the State Treasurer, may be invested as provided by
ORS 293.701 to 293.820, and the earnings from such investments
shall be credited to the Port Planning and Marketing Fund.
SECTION 154. ORS 285A.657 is amended to read:
285A.657. (1) The Ports Division may make grants, as funds are
available, to any port { - incorporated - } { + formed + }
under ORS chapter 777 or 778 for:
(a) A planning project conducted under ORS 285A.627 or any
other planning project necessary for improving the port's
capability to carry out its authorized functions and activities
relating to trade and commerce; or
(b) A marketing project necessary for improving the port's
capability to carry out its authorized functions and activities
relating to trade and commerce.
(2) Any port may file with the Ports Division an application
for a grant from the Port Planning and Marketing Fund to finance
a specific planning project or marketing project.
(3) An application under this section shall be filed in such a
manner and contain or be accompanied by such information as the
Ports Division may prescribe.
(4) Upon receipt of an application, the Ports Division shall
determine whether the planning project or marketing project is
eligible for funding under ORS 285A.654 to 285A.660. If the Ports
Division determines that the project is not eligible, it shall
within 60 days:
(a) Reject the application; or
(b) Require the applicant to submit additional information as
may be necessary.
(5) The Ports Division may approve a grant for a planning
project or a marketing project described in an application filed
under this section if, after investigation, the Ports Division
finds that:
(a) The project meets the standards and criteria established by
the Ports Division for grant financing from the Port Planning and
Marketing Fund; and
(b) Moneys in the Port Planning and Marketing Fund are or will
be available for the project.
(6) Grants to ports under ORS 285A.654 to 285A.660 shall not
exceed $25,000 and shall not exceed 75 percent of the total cost
of the project.
(7) The Ports Division shall not fund any program that
subsidizes regular port operating expenses.
(8) In lieu of all or part of the grant financing approved
under ORS 285A.654 to 285A.660 for a planning or marketing
project, the Ports Division may purchase goods or services to
assist a port in implementing a project.
SECTION 155. ORS 285A.666 is amended to read:
285A.666. As used in ORS 285A.666 to 285A.732, unless the
context requires otherwise:
(1) 'Business development project' means the engineering,
improvement, rehabilitation, construction, operation or
maintenance, in whole or in part, including the preproject
planning costs of any business development project authorized by
ORS 777.250 (1). The term does not include a flexible
manufacturing space project.
(2) 'Division' means the Ports Division of the Economic and
Community Development Department.
(3) 'Flexible manufacturing space project' means a project for
the acquisition, construction, improvement or rehabilitation, in
whole or in part, of any building suitable for the conduct of
manufacturing processes and, by design, able to be readily
modified when necessary to accommodate the operations of the
tenants of the building. The term includes any preproject
planning activities for a flexible manufacturing space project.
(4) 'Fund' means the Oregon Port Revolving Fund.
(5) 'Port development project' means the engineering,
improvement, rehabilitation, construction, operation or
maintenance, in whole or in part, including the preproject
planning costs of any project authorized by ORS 777.105 to
777.258, except projects authorized primarily by ORS 777.250 (1).
(6) 'Port district' means any { - municipal corporation
incorporated, or proposed to be incorporated, - } { + port
formed + } pursuant to ORS 777.005 to 777.725 and 777.915 to
777.953 or ORS chapter 778.
(7) 'Project' means a port development project, a business
development project or a flexible manufacturing space project.
SECTION 156. Section 19, chapter 607, Oregon Laws 1987, as
amended by section 2, chapter 539, Oregon Laws 1991, is amended
to read:
{ + Sec. 19. + } (1) Notwithstanding ORS 285A.708 (1) and
285A.711, available moneys in the Oregon Port Revolving Fund that
were accrued as earned income of the fund may be transferred to
the Port Planning and Marketing Fund created under ORS 285A.654.
(2) Notwithstanding ORS 285A.654 (1)(b), moneys transferred to
the Port Planning and Marketing Fund under this section may be
used for payments of grants under ORS 285A.654 to 285A.660 to
ports { - incorporated - } { + formed + } under ORS 285A.603
to 285A.732 or ORS chapter 777 or 778.
(3) In addition to and notwithstanding any other law, an amount
not to exceed 1.5 percent of the assets of the Oregon Port
Revolving Fund as calculated on July 1 of each year shall be
transferred to the Port Planning and Marketing Fund under this
section.
{ +
AIRPORT DISTRICTS + }
SECTION 157. ORS 838.035 is amended to read:
838.035. (1) { - A district shall constitute a municipal
corporation of this state, and a public body, corporate and
politic, exercising public power. It shall have - } { + An
airport district has + } full power to carry out the objectives
of its formation and to that end may have and use a seal, have
perpetual succession, sue and be sued in its own name, and enter
into contracts.
(2) Except as this chapter provides to the contrary, the powers
of the district shall be vested in the district board of the
district.
(3) An airport district formed under this chapter shall be
considered a district for all purposes in ORS chapter 198.
{ +
MISCELLANEOUS + }
SECTION 158. { + The amendments to statutes by sections 2 to
87 and 90 to 157 of this 2003 Act do not affect the power,
authority or status of any local service district, as defined by
ORS 174.116, nor shall those amendments be construed to affect
the power, authority or status of any local service district, as
defined by ORS 174.116, under statutes that are not amended by
sections 2 to 87 and 90 to 157 of this 2003 Act. + }
{ +
UNIT CAPTIONS + }
SECTION 159. { + The unit captions used in this 2003 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2003 Act. + }
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