Chapter 282 Oregon Laws 2005

AN ACT

HB 2927

Relating to issuance of general obligation bonds by soil and water conservation districts; creating new provisions; and amending ORS 568.550.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 568.550 is amended to read:

568.550. The directors of a soil and water conservation district have the following powers subject to the written approval of the State Department of Agriculture:

(1) To secure surveys and investigations and do research relating to:

(a) The character of soil erosion;

(b) The character of floodwater and sediment damage;

(d) The preventive measures, control measures and improvements needed.

In order to avoid duplication of activities, the department may call upon other state and federal agencies for assistance and cooperation in their fields in accordance with memoranda of understanding to be signed by all cooperating agencies.

(2) To conduct demonstrational projects on lands within the district upon obtaining the consent of the owner and occupier of such lands.

(3) To carry out preventive and control measures on lands within the district upon obtaining the consent of the owner and occupier of such lands.

(4) To enter into written agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to any agency, governmental or otherwise, or any owner or occupier, or both of them, of lands within the district, for the purpose of carrying on soil erosion control and prevention operations within the district.

(5) To obtain options upon and to acquire by purchase, exchange, lease, gift, grant, bequest or devise any property, real or personal or rights or interests therein; to maintain, administer and improve any properties acquired; to receive income from such properties and to expend such income in carrying out the purposes and provisions of ORS 568.210 to 568.808 and 568.900 to 568.933; and to sell, lease or otherwise dispose of any of its property or interests therein in furtherance of the purposes and the provisions of ORS 568.210 to 568.808 and 568.900 to 568.933.

(6) To borrow money and to mortgage personal property of the district as security therefor; provided, landowners are given opportunity to be heard at a public hearing in the district, notice of which shall be given according to rules prescribed by the department.

(7) To issue general obligation bonds of the district as provided in section 3 of this 2005 Act.

[(7)] (8) To make available, on such terms as it shall prescribe, to landowners or occupiers within the district, agricultural and engineering machinery and equipment, fertilizer, seeds, and seedlings and other material or equipment.

[(8)] (9) To construct, operate and maintain such structures as may be necessary or convenient for performance of any of the operations authorized in ORS 568.210 to 568.808 and 568.900 to 568.933.

[(9)] (10) To develop comprehensive plans and specifications for the conservation of soil resources and for the continued control and prevention of soil erosion within the district, and to publish such plans, specifications, and information and bring them to the attention of owners and occupiers of lands within the district.

[(10)] (11) To take over, by purchase, lease, or otherwise, and to administer, any soil conservation, erosion control, or erosion prevention project, or combination thereof, located within its boundaries undertaken by the United States or any of its agencies, or by this state or any of its agencies.

[(11)] (12) To manage, as agent of the United States or any of its agencies, or of this state or any of its agencies, any soil conservation, erosion control, or erosion prevention project, or combination thereof, within its boundaries.

[(12)] (13) To act as agent for the United States or any of its agencies, in connection with the acquisition, construction, operation, or administration of any soil conservation, erosion control, or erosion prevention project, or combination thereof, within its boundaries.

[(13)] (14) To accept donations, gifts and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, or from this state or any of its agencies, and to use or expend such moneys, services, materials or other contributions in carrying on its operations.

[(14)] (15) To sue and to be sued in the name of the district; to have a seal, which shall be judicially noticed; to have perpetual succession unless terminated as provided by law; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; to make, and from time to time amend or repeal, rules not inconsistent with ORS 568.210 to 568.808 and 568.900 to 568.933 to carry into effect its purposes and powers.

[(15)] (16) As a condition to the extending of any benefits under ORS 568.210 to 568.808 and 568.900 to 568.933 to, or the performance of work upon, any lands not owned or controlled by this state or any of its agencies, the directors may require contributions in money, services, materials or otherwise to any operations conferring such benefits, and may require landowners or occupiers to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion thereon.

[(16)] (17) To purchase liability or indemnity insurance, in such amounts and containing such terms and conditions as they may deem necessary, for the protection of directors, officers and employees of the district against claims against them incurred by such directors, officers and employees in the performance of their official duties. The premiums for such insurance shall be paid out of moneys available for expenditure by the district.

SECTION 2. Section 3 of this 2005 Act is added to and made a part of ORS 568.210 to 568.808.

SECTION 3. (1) When authorized by a majority of electors voting at an election called for that purpose by the directors of a soil and water conservation district, the directors may issue general obligation bonds of the district, not exceeding in value the amount stated in the notice of election and for the purpose named in the notice, bearing interest at a rate determined by the directors, payable semiannually, redeemable at the time or times as the directors may, at the time of providing for the issuance of the bonds, determine, but due and payable not to exceed 30 years from the date of issuance.

(2) The aggregate amount of general obligation bonds issued and outstanding at any one time may 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.

(3) General obligation bonds must recite that they are issued under ORS 568.210 to 568.808. All bonds shall be signed by the chairperson of the board of directors, attested by the secretary and registered by the county treasurer.

(4) A soil and water conservation district:

(a) Shall issue general obligation bonds authorized under this section as provided in ORS 288.010 to 288.110, 288.150 to 288.165 and 288.515 to 288.600 and the applicable provisions of ORS chapter 287 including, but not limited to, ORS 287.006, 287.007, 287.012 and 287.014 to 287.029; and

(b) May issue refunding bonds as provided in ORS 288.592 and 288.605 to 288.695.

(5) Taxes described in ORS 287.006 and 287.007 that are levied by a soil and water conservation district to pay principal, interest and premium, if any, on general obligation bonds issued pursuant to this section are separate from and in addition to taxes levied pursuant to ORS 568.806.

Approved by the Governor June 20, 2005

Filed in the office of Secretary of State June 21, 2005

Effective date January 1, 2006

__________