TITLE 24
PUBLIC
ORGANIZATIONS FOR COMMUNITY SERVICE
Chapter 261. People’s Utility Districts
262. Joint Operating Agencies for Electric Power
263. Convention Facilities
264. Domestic Water Supply Districts
265. Cemetery Maintenance Districts
266. Park and Recreation Districts
267. Mass Transit Districts; Transportation
Districts
268. Metropolitan Service Districts
_______________
Chapter 261 — People’s
Utility Districts
2011 EDITION
PEOPLE’S UTILITY DISTRICTS
PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
GENERAL PROVISIONS
261.005 Short
title
261.007 Policy
261.010 Definitions
261.025 Statutory
provisions cumulative
261.030 Limit
of authority to control existing utilities of electric cooperatives or cities
261.035 Effect
of chapter on charter provisions of cities and acquisition of plants
261.045 Procedure
in absence of specific provision
261.050 Taxation
of district property
261.055 Special
elections called by board
261.060 Election
procedure
261.065 Application
of initiative, referendum and recall laws
FORMATION; BOUNDARY CHANGES
261.105 Powers
of district; formation; annexation; consolidation
261.110 Areas
includable in district; description of district in petition for election
261.113 Petition
or resolution for formation to propose special levy for certain purposes
261.115 Contents
of electors’ petition; certification
261.118 Withdrawal
from petition
261.121 Basis
of computing percentage of petition signatures
261.131 Period
for county clerk to certify petition
261.141 Formation,
annexation or consolidation by resolution; contents of resolution
261.147 Resolution
to remove territory not served by district; hearing; notice; election on
question of removal; effect of removal
261.151 Hearing
by Director of State Department of Energy on district formation; notice; report
by director
261.161 Hearing
by county governing body; notice; determination of boundaries
261.171 County
governing body to call election; notice; dates
261.180 Effect
of annexation or consolidation on title to property and indebtedness
261.190 Election
of first board of directors; qualifications; tenure
261.200 Proclamation
of district formation or boundary change; special levy; property owner petition
261.210 Payment
of election expenses; security deposit
261.215 When
district formed; designation; district as corporation
261.220 Mandamus
to compel performance of its duties by county governing body
261.225 State
agencies and private utilities to provide new district certain information
POWER FACILITIES
261.235 Definitions
for ORS 261.235 to 261.255
261.240 Policy;
construction
261.241 Membership
in electric cooperative or limited liability corporation
261.245 Authority
of district to acquire interest in power facilities
261.250 District
liability; application of moneys; use of power of eminent domain
261.253 Restriction
on public contract imposing unconditional or unlimited financial obligation on
electric utility
261.255 Use
of district money or property; revenue bonds
POWERS
261.305 General
powers of district
261.310 Irrigation,
drainage, other districts given power of utility district in certain cases
261.315 Acquisition
of distribution facilities outside district
261.325 Acquisition
of water rights
261.327 Acquisition
of distribution facilities of private utility; compensation for energy
efficiency measures
261.330 District
water right appropriation exclusive if not excessive
261.335 Districts
subject to public contracting and purchasing requirements
261.345 Employment
of labor; pay and conditions; agreements; rights of previous employees of
private utility
261.348 Transactions
for production, supply or delivery of electricity; financial products contracts
261.350 Agreements
for use of excess district facilities
261.355 Procedure
for issuance and sale of revenue bonds
261.360 Authority
to issue general obligation bonds
261.365 Bond
requirements
261.371 Authority
to issue and sell revenue bonds
261.375 Election
to authorize district bond issue
261.380 Refunding
district indebtedness
261.385 Levy
and collection of taxes for certain purposes
261.390 Property
taxable; time and manner of tax levy and collection
BOARD OF DIRECTORS
261.405 Board
of directors; election; qualifications
261.410 Nomination
and election of directors of established districts
261.415 Vacancy
in office of director
261.420 Terms
of office of directors
261.425 Officers
of board
261.430 Board
meetings
261.445 Appointment
and removal of district manager; qualifications; salary; acting manager; powers
and duties
261.460 Legislative
function of board
261.465 Board
supervision and regulation of district utilities; fixing rates
261.470 Accounting
system adopted by board; annual reports; annual audit
COURT PROCEEDING TO TEST CERTAIN
DISTRICT PROCEEDINGS
261.605 Testing
validity of certain commission and board proceedings
261.610 Nature
of proceeding; notice; appearance to contest; court determinations
261.615 Appeal
to Court of Appeals
261.620 Guidance
for court determination
261.625 Costs
of proceeding
261.630 Institution
of proceeding by elector; directors as parties; notice
261.635 Procedure
exclusive
DISSOLUTION
261.705 Authority
to dissolve district; vote authorizing dissolution
261.710 Call
of election; effect of favorable vote
261.715 Directors
as trustees
261.720 Inventory
and sale of district property
261.725 Disposal
of sale proceeds
261.730 Disposal
of district books and records; termination of corporate existence
CONSTRUCTION
261.900 Construction
GENERAL PROVISIONS
261.005 Short title.
This chapter shall be known as the People’s Utility District Law.
261.007 Policy.
The purpose of this chapter is to implement the intent and purpose of section
12, Article XI, of the Oregon Constitution including authorization for the
establishment of people’s utility districts to develop the water and energy
resources of this state for the benefit of the people of this state and to
supply public utility service, including water, water power and electric energy
for all uses and users. [1979 c.588 §2]
261.010 Definitions.
As used in this chapter, unless otherwise required by the context:
(1)
“Affected territory” means that territory proposed to be formed into, annexed
to or consolidated with a district.
(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.
(3)
“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.
(4)
“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, 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, city and district, or any
of them, for the formation of a district, the annexation of a parcel of
territory or a city to a district, or the consolidation of two or more
districts.
(5)
“Electric cooperative” means a cooperative corporation owning and operating an
electric distribution system.
(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.
(7)
“Parcel of territory” means a portion of unincorporated territory, or an area
in a city comprised of less than the entire city.
(8)
“People’s utility district” or “district” means an incorporated people’s
utility district, created under the provisions of this chapter.
(9)
“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.
(10)
“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
city comprised of less than the entire city, that area shall be considered as a
separate parcel of territory.
(11)
“Utility” means a plant, works or other property used for development,
generation, storage, distribution or transmission of electricity, or
development or transmission of water for domestic or municipal purposes, 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. [Amended by 1961 c.224 §10; 1979 c.558 §4; 1981 c.804 §76;
1983 c.83 §32; 1989 c.174 §3; 1991 c.358 §1; 2003 c.802 §65; 2005 c.22 §189;
2007 c.301 §30; 2007 c.895 §1]
261.015
[Renumbered 261.121]
261.020
[Repealed by 1973 c.796 §79]
261.025 Statutory provisions cumulative.
The provisions of this chapter are additional and cumulative to the provisions
of any other law now or hereafter existing for the holding of elections in
districts.
261.030 Limit of authority to control
existing utilities of electric cooperatives or cities.
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 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 plant owned by
a city, when the control of the plant is vested in a governing body other than
the city council or governing body of the city. However a district may
participate fully, on a mutually agreed basis, with electric cooperatives and
utilities owned by cities in common facilities under ORS 261.235 to 261.255 and
in the formation and operation of joint operating agencies under ORS chapter
262. [Amended by 1979 c.558 §5; 2003 c.802 §66; 2007 c.301 §31; 2007 c.895 §2]
261.035 Effect of chapter on charter
provisions of cities and acquisition of plants.
Nothing in this chapter modifies in any manner any charter provisions of any
city, or prohibits any city from acquiring and operating its own plant. [Amended
by 2003 c.802 §67]
261.040
[Amended by 1979 c.558 §6; renumbered 261.118]
261.045 Procedure in absence of specific
provision. Where the procedure for formation of a
district, annexation of territory to a district, consolidation of two or more
districts, issuance of bonds and levying and collection of taxes, holding of
elections or any other matter in connection with organization or operation of
utility districts is not specifically provided for, any suitable method and
proceeding, or either, may be adopted which may appear most conformable to the
spirit of this chapter and the provisions of section 12, Article XI, Oregon
Constitution.
261.050 Taxation of district property.
(1) All property, real and personal, owned, used, operated or controlled by any
people’s utility district, in or for the production, transmission, distribution
or furnishing of electricity or electric service for or to the public, shall be
assessed and taxed in the same manner and for the same purposes, and the
district and the directors and officers thereof shall be subject to the same
requirements, as are provided by law in respect to assessment and taxation of
similar property owned, used, operated or controlled by private corporations or
individuals for the purpose of furnishing electricity or electric service to
the public.
(2)
If a people’s utility district owns property jointly with a tax-exempt
governmental or municipal entity, only the portion of the property used,
operated or controlled by the people’s utility district shall be assessed and
taxed pursuant to subsection (1) of this section. [Amended by 2007 c.301 §32;
2007 c.895 §3a]
261.055 Special elections called by board.
When any people’s utility district desires to hold an election for the purpose
of submitting to the electors of the district any question that may lawfully be
submitted to them, the board may, at any regular or special meeting called in
accordance with its rules or the statutes governing the same, adopt a
resolution calling a special election to be held on a date specified in ORS
255.345, and may in the same resolution designate and describe in general terms
the question which is to be submitted at the special election. [Formerly
261.505]
261.060 Election procedure.
Except as otherwise specifically provided in this chapter, every district
election shall be conducted in accordance with ORS 255.005 to 255.035, 255.055,
255.075, 255.085, 255.215 to 255.288 and 255.295 to 255.345. [1975 c.598 §3 and
1975 c.647 §16; 1989 c.503 §29; 1995 c.607 §70; 2007 c.154 §61]
261.065 Application of initiative, referendum
and recall laws. The laws of this state regarding
initiative, referendum and recall shall apply to people’s utility districts. [1979
c.558 §3]
FORMATION; BOUNDARY CHANGES
261.105 Powers of district; formation; annexation;
consolidation. (1) People’s utility districts may be
created as provided in this chapter. 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,
favors formation, the district shall be created.
(3)
In any election to annex a 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 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). [Amended by 1979 c.558 §7; 2003 c.802 §68]
261.110 Areas includable in district;
description of district in petition for election.
(1) People’s utility districts may consist of territory, contiguous or
otherwise, within one or more counties, and may consist of one or more cities,
or a portion of a 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 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 a city is a sufficient description of its boundaries.
(4)
When any city or separate parcel of territory voting at a formation election
casts a majority vote against formation of the district, the city or separate
parcel of territory shall not be included in any district formed as a result of
the election.
(5)
A city that owns or operates a publicly owned utility for development or
distribution of electric energy or the territory served by the city within or
without the boundaries of the city at the time of a proposed formation of a
people’s utility district may not be included in any election for the formation
of the district unless the inclusion is agreed to at an election by the
electors of 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 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. [Amended by 1979 c.558 §8; 1981 c.758 §1; 2003 c.802 §69]
261.113 Petition or resolution for
formation to propose special levy for certain purposes.
Electors’ petitions and resolutions for formation of a district shall include a
proposal for the authorization of the district to impose a special levy of a
certain amount to finance an engineer’s report on revenue bonds for the acquisition
or construction of the initial utility system, including the replacement value
of the unreimbursed investment of an investor owned utility in energy
efficiency measures and installations within the proposed district, the
election under ORS 261.355 (10) and costs associated with them. [1979 c.558 §12;
1991 c.358 §2; 1991 c.572 §4]
261.115 Contents of electors’ petition;
certification. (1) All electors’ petitions shall
contain a statement as to whether or not the petitioners are desirous of
forming a utility district, or to annex territory to an existing utility
district, or to consolidate two or more existing utility districts, the
description of the territory sought to be included therein and the name by
which the utility district is to be known. The statement shall be printed on a
separate page or pages.
(2)
There shall be a signature sheet with sufficient space for 20 signatures, and
opposite the name of each signer, a space for the residence address of the
signers of the petition and the number of their voting precinct. The circulator
shall certify on each signature sheet that the circulator:
(a)
Witnessed the signing of the signature sheet by each individual whose signature
appears on the signature sheet; and
(b)
Believes that each individual stated the correct residence address of the
individual and that the individual is an elector.
(3)
An electors’ petition shall designate three or more persons as chief
petitioners and shall set forth their names and mailing addresses. [Amended by
1979 c.558 §9; 1983 c.567 §20; 1999 c.318 §31; 2007 c.848 §26]
261.118 Withdrawal from petition.
After a petition has been filed with the county clerk, no person may withdraw
that person’s name from it. [Formerly 261.040]
261.120
[Amended by 1975 c.647 §17; repealed by 1979 c.558 §30]
261.121 Basis of computing percentage of
petition signatures. When the boundaries described in
any petition include a part of a precinct, the vote of the entire precinct
shall be used as a basis in computing the percentage of signatures required on
electors’ petitions. [Formerly 261.015]
261.125
[Repealed by 1979 c.558 §30]
261.130
[Repealed by 1979 c.558 §30]
261.131 Period for county clerk to certify
petition. Within 10 days after receipt of an
electors’ petition the county clerk shall certify the sufficiency of signatures
to the county governing body. [1979 c.558 §10]
261.135
[Repealed by 1979 c.558 §30]
261.140
[Repealed by 1979 c.558 §30]
261.141 Formation, annexation or
consolidation by resolution; contents of resolution.
(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, if a
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. [1979 c.558 §11;
2003 c.802 §70]
261.145
[Repealed by 1979 c.558 §30]
261.147 Resolution to remove territory not
served by district; hearing; notice; election on question of removal; effect of
removal. (1) When any parcels of territory
within an existing district are not being served by the district, the board of
directors of the district may fix a place and time for a public hearing to
consider the removal of such parcels from the district.
(2)
Notice stating the time and place of the hearing shall be published in
accordance with ORS 261.161 (1). The hearing may be adjourned from time to
time, but shall not exceed four weeks in length. Public testimony shall be
taken at the hearing.
(3)
Upon conclusion of the public hearing the board may by resolution remove such
parcels, or any of them, from the district. The resolution shall become
effective 30 days after passage, unless written requests for an election are
filed as provided by subsection (4) of this section.
(4)
If written requests for an election are filed with the board within 30 days
after passage of the resolution by not less than 15 percent of the electors or
100 electors registered in the parcels to be removed, whichever is the lesser
number, an election on the question of removal of the parcels described in the
resolution shall be held on the next scheduled general or special election
date.
(5)
The electors eligible to vote in the election described in subsection (4) of
this section shall be those electors who reside on the parcels described in the
resolution.
(6)
From the date of removal, liability of the territory removed from the district
for assessments and taxes levied after the date of removal by the district and
for bonded and other indebtedness shall be in accordance with ORS 198.880 and
198.882. [1987 c.824 §3]
261.150
[Repealed by 1979 c.558 §30]
261.151 Hearing by Director of State
Department of Energy on district formation; notice; report by director.
Upon certification of a petition for formation or adoption of a resolution by
the county governing body for district formation, the county clerk shall submit
a copy of the resolution or petition, without signatures attached, to the
Director of the State Department of Energy. Not less than 30 days after receipt
of the petition or resolution copy, the director shall hold a hearing within
the proposed district for the purpose of receiving public testimony on the
proposed district formation. Notice of the hearing, stating the time and place
of the hearing, together with the electors’ petition, when applicable, without
the signatures attached, shall be published at least two times prior to the
date of the meeting. The first publication shall not be more than 25 days nor
less than 15 days preceding the hearing and the last publication shall not be
more than 14 days nor less than eight days preceding the hearing. Within 60
days after receipt of the petition or resolution copy, the director, with the
advice and assistance of the Public Utility Commission of Oregon, shall prepare
and publish a concise report showing the availability and cost of power
resources, potential tax consequences and any other information considered by
the director to be relevant to the proposed formation of the district. A copy
of the report shall be mailed, upon publication, by the director to the county
governing body. [1979 c.558 §12a; 2003 c.186 §10]
261.155
[Repealed by 1979 c.558 §30]
261.160
[Repealed by 1979 c.558 §30]
261.161 Hearing by county governing body;
notice; determination of boundaries. (1) After
certification of a petition, or passage of the resolution when the formation,
annexation or consolidation proposal is by resolution of the county governing
body, the county governing body shall, within 10 days, fix a date for a hearing
on the boundaries described in the electors’ petition or resolution of the
county governing body for inclusion in the proposed or established district.
The hearing shall be held by the county governing body not less than 60 days
nor more than 90 days after certification of the petition or passage of the
resolution. Notice of the hearing, stating the time and place of the meeting,
together with the electors’ petition, when applicable, without the signatures
attached, shall be published at least two times prior to the date of the
meeting. The first publication shall not be more than 25 days nor less than 15
days preceding the hearing and the last publication shall not be more than 14 days
nor less than eight days preceding the hearing. Notice of the hearing, and all
other publications required by this chapter, shall be published in at least one
newspaper of general circulation in the proposed or established district. The
hearing may be adjourned from time to time, but shall not exceed four weeks in
total length. Public testimony shall be taken at the hearing.
(2)
Based upon the record of the hearing prescribed in subsection (1) of this
section on the proposed boundaries and, if district formation is proposed, the
report of the Director of the State Department of Energy under ORS 261.151, the
county governing body within 10 days of the last date of hearing shall
determine the boundaries of the proposed or established district.
(3)
No lands shall be included in the boundaries fixed by the governing body lying
outside the boundaries described in the electors’ petition unless the owners of
that land request inclusion in writing before the hearing under subsection (1)
of this section is completed.
(4)
An electors’ petition shall not be denied by a county governing body because of
any deficiency in the description of the boundaries of the proposed district,
but the county governing body shall correct those deficiencies. [1979 c.558 §13]
261.165
[Repealed by 1979 c.558 §30]
261.170
[Repealed by 1979 c.558 §30]
261.171 County governing body to call
election; notice; dates. (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 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 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. [1979 c.558 §14; 1995 c.712 §96; 2003 c.14 §122; 2003 c.802 §71]
261.175
[Repealed by 1979 c.558 §30]
261.180 Effect of annexation or consolidation
on title to property and indebtedness. (1) If a
parcel of territory or 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 the district or districts, or 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 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. [Amended
by 1991 c.358 §3; 2003 c.802 §72]
261.185
[Amended by 1973 c.796 §10; repealed by 1975 c.647 §53]
261.190 Election of first board of
directors; qualifications; tenure. (1) At all
elections where the creation of a district is authorized, five directors shall
be elected to manage and transact the business of the district.
(2)
Candidates for the office of director must be electors of this state, must have
resided in the proposed district continuously for not less than two years next
preceding the date of the election, and must continue to reside in the district
during their term of office.
(3)
All electors of the proposed district shall have the right to vote for five
candidates at the election.
(4)
The five candidates receiving the highest number of votes in the area approved
by the electors and declared by the county governing body to be a district
shall be elected to serve until the first Monday in January after the first
regular general election which occurs not less than one year following the
election to create the district, and until their successors are elected and
qualified. [Amended by 1973 c.796 §11; 1975 c.598 §4; 1979 c.558 §16; 2003 c.14
§123]
261.195
[Amended by 1973 c.796 §12; repealed by 1975 c.647 §53]
261.200 Proclamation of district formation
or boundary change; special levy; property owner petition.
(1) If a majority of votes cast at the election 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 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______, 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 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 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. [Amended by 1973 c.796 §13; 1979 c.558
§17; 1981 c.758 §2; 2003 c.14 §124; 2003 c.802 §73]
261.205
[Repealed by 1975 c.647 §53]
261.210 Payment of election expenses;
security deposit. (1) Except as provided in
subsection (2) of this section, all expenses in any county of any election held
under this chapter for formation of a district and election of a board of
directors shall be paid from the general fund of the county in the same manner
that other claims against the county are paid.
(2)
When formation of a district is initiated by electors’ petition, the county
court may require a bond, a cash deposit or other security deposit from the
chief petitioners as provided in ORS 198.775.
(3)
When preparing the county budget for the fiscal year following an election
described in subsection (1) of this section, the county court shall include an
item in the budget to reimburse the general fund for the disbursement for the
election, unless the costs of the election are paid from a bond, a cash deposit
or other security deposit under subsection (2) of this section. This item shall
be assessed to and paid by the assessable property of the territory in which
the election is held in the same manner that other taxes are assessed and paid.
[Amended by 1983 c.567 §21]
261.215 When district formed; designation;
district as corporation. 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. [Amended
by 2003 c.802 §74]
261.220 Mandamus to compel performance of
its duties by county governing body. If the county
governing body refuses to call an election, or hold a hearing, as provided in
this chapter, or refuses to declare the results of any election or issue the
required proclamation, any elector may apply within 10 days after the refusal
to the circuit court for the county in which the proposed district, or its
greater portion, is located for a writ of mandamus to compel the county
governing body to perform its duty. [Amended by 1975 c.647 §19; 1979 c.558 §18]
261.225 State agencies and private
utilities to provide new district certain information.
(1) The State Department of Energy, the Public Utility Commission of Oregon and
any privately owned utility serving the affected territory shall cooperate in
providing information and data as requested by a people’s utility district for
construction or acquisition of the initial utility system.
(2)
As requested, the State Department of Energy and the Public Utility Commission
of Oregon shall provide copies of records on file pertinent to the operation of
a utility system.
(3)
As requested, the privately owned utility serving the affected territory shall
provide data and records regarding the affected territory including:
(a)
Peak load and monthly variations of load required to serve the territory;
(b)
Load requirements of various classifications of users;
(c)
Gross revenue;
(d)
Distribution costs, including operation, maintenance and debt retirement;
(e)
Inventory of assets by type and value;
(f)
List of customers with customer addresses;
(g)
Amount of money loaned to each customer for conservation activity; and
(h)
Replacement value of an investor owned utility’s unreimbursed investment in
energy efficiency measures and installations within the territory. [1979 c.558 §15;
1991 c.358 §4]
POWER FACILITIES
261.235 Definitions for ORS 261.235 to
261.255. As used in ORS 261.235 to 261.255,
unless the context requires otherwise:
(1)
“City” means a city organized under the law of California, Idaho, Montana,
Nevada, Oregon or Washington and owning and operating an electric light and
power system.
(2)
“Common facilities” means any property used for the generation, transmission,
distribution or marketing of electricity and related goods and services that
are owned or operated jointly by a people’s utility district organized under
this chapter and at least one other city, district, electric cooperative or
person.
(3)
“District” means a people’s utility district organized under this chapter or a
similar public utility district organized under the law of California, Idaho,
Montana, Nevada or Washington.
(4)
“Electric cooperative” means a cooperative corporation organized under the law
of California, Idaho, Montana, Nevada, Oregon or Washington and owning and
operating an electric distribution system. [1967 c.603 §8; 1979 c.151 §3; 1999
c.865 §38; 2007 c.301 §33; 2007 c.895 §4a]
261.240 Policy; construction.
(1) The Legislative Assembly finds and declares it to be in the public interest
and for a public purpose that districts, cities, electric cooperatives, and
electric utility companies participate as authorized in ORS 261.235 to 261.255
jointly and with other persons to:
(a)
Achieve economies of scale in the generation of electricity;
(b)
Meet the future power needs of this state and its inhabitants; and
(c)
Participate in transactions useful for the development of an efficient system
for the transmission and distribution or marketing of electric power and
related goods and commodities.
(2)
ORS 261.235 to 261.255 shall be construed liberally to effectuate the purposes
set out in subsection (1) of this section. [1967 c.603 §9; 1999 c.865 §39]
261.241 Membership in electric cooperative
or limited liability corporation. A people’s
utility district may become a member of an electric cooperative, or of a
limited liability company, for the purposes of planning, financing,
constructing, acquiring, operating, owning or maintaining property used for the
generation and associated transmission of electricity within or outside this
state. A district may not become a stockholder in, or lend the credit of the district
to, an electric cooperative or a limited liability company. If a district
becomes a member of an electric cooperative or of a limited liability company,
the district may not exercise the power of eminent domain for the benefit of
the electric cooperative or limited liability company. [2007 c.301 §35 and 2007
c.895 §6]
261.245 Authority of district to acquire
interest in power facilities. In addition
to the powers otherwise conferred on districts of this state, such a district
owning and operating an electric light and power system may plan, finance,
construct, acquire, operate, own and maintain an undivided interest in common
facilities within or without the state jointly with one or more other
districts, with one or more cities, with one or more electric cooperatives, or
with one or more other persons or with any combination of such districts,
cities, electric cooperatives or persons, and may make such plans and enter
into contracts and agreements as are necessary or appropriate for such joint
planning, financing, construction, acquisition, operation, ownership or
maintenance. [1967 c.603 §10; 1979 c.151 §4; 1999 c.865 §40]
261.250 District liability; application of
moneys; use of power of eminent domain. (1) In
carrying out the powers granted in ORS 261.241 and 261.245, a district of this
state is liable only for its own acts with regard to the planning, financing,
construction, acquisition, operation, ownership or maintenance of common
facilities. No moneys or other contributions supplied by a district of this
state for the planning, financing, construction, acquisition, operation or
maintenance of common facilities shall be credited or applied otherwise to the
account of any other participant in the common facilities.
(2)
A district shall not exercise its power of eminent domain to acquire a then
existing thermal power plant or any part thereof. [1967 c.603 §11; 2007 c.301 §36;
2007 c.895 §7]
261.253 Restriction on public contract
imposing unconditional or unlimited financial obligation on electric utility.
(1) A public contract entered into by a noninvestor-owned
electric utility may not 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 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
279C.650 to 279C.670.
(4)
This section does not apply to a public contract executed in connection with:
(a)
The acquisition of renewable energy certificates;
(b)
The acquisition, construction, improvement or equipping of, or the financing of
any interest in, a renewable energy facility; or
(c)
The acquisition or financing of any interest in electrical capacity needed to
shape, firm or integrate electricity from a renewable energy facility.
(5)
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 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 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. [1983 c.811 §1; 2003 c.794 §221; 2003 c.802 §75; 2007 c.301 §37]
Note:
261.253 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 261 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
261.255 Use of district money or property;
revenue bonds. Any district of this state
participating in common facilities under ORS 261.235 to 261.255 may furnish money
and provide property, both real and personal, and to the extent and in the
manner provided by ORS 261.355 issue and sell revenue bonds pledging revenues
of its electric system and its interest or share of the revenues derived from
the common facilities and any additions or betterments thereto, in order to pay
its respective share of the cost of the planning, financing, acquisition and
construction thereof. All moneys paid or property supplied by any such district
for the purpose of carrying out the powers conferred by ORS 261.235 to 261.255
are declared to be for a public purpose. [1967 c.603 §12; 1999 c.865 §41]
POWERS
261.305 General powers of district.
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 acquire, own, trade, sell or otherwise transfer renewable energy
certificates.
(6)
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.
(7)
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; to pledge any part of its revenues; and to obtain letters of credit
or similar financial instruments from banks or other financial institutions.
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 such sums as
the board of directors deems necessary or advisable. No indebtedness shall be
incurred or assumed except for the development, purchase and operation of
electric utility facilities or for the purchase of electricity, electrical
capacity or renewable energy certificates.
(8)
To exercise the powers otherwise granted to districts by ORS 271.390.
(9)
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.
(10)
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.
(11)
To enter into contracts with any person, any public or private corporation, the
United States Government, 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.
(12)
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.
(13)
To fix, maintain and collect rates and charges for any water, waterpower,
electricity or other commodity or service furnished, developed or sold by the
district.
(14)
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 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.
(15)
To elect a board of five directors to manage its affairs.
(16)
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.
(17)
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. [Amended by 1953 c.627 §2; 1957 c.334 §1; 1979
c.558 §19; 1985 c.474 §1; 1987 c.245 §4; 1993 c.97 §1; 1995 c.333 §15; 2003
c.802 §76; 2007 c.301 §38; 2007 c.895 §9]
261.310 Irrigation, drainage, other
districts given power of utility district in certain cases.
(1) Any existing irrigation, drainage or other 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. [Amended by 1979 c.558 §20;
1983 c.83 §33; 2003 c.802 §77]
261.315 Acquisition of distribution facilities
outside district. (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 city, the election
shall be conducted so that the electors of the city may vote separately and
have their votes counted separately, and the part within any city may not be
acquired unless a majority of the electors of the 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 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 cities shall be separately kept and counted for
each city. [Amended by 1973 c.796 §13a; 1979 c.558 §21; 1983 c.83 §34; 2003
c.802 §78]
261.320
[Repealed by 1971 c.741 §38]
261.325 Acquisition of water rights.
Any utility district created under this chapter may acquire in its own name the
right to use the unappropriated waters of this state
in accordance with the laws of this state. [Amended by 1955 c.707 §34; 1979
c.54 §1; 1979 c.558 §22]
261.327 Acquisition of distribution
facilities of private utility; compensation for energy efficiency measures.
When a district acquires from an investor owned utility, by eminent domain or
otherwise, facilities for the distribution of energy within an affected
territory, the district shall compensate the owner of the facilities, in
addition to any other amounts otherwise due, an amount equal to the replacement
value of the investor owned utility’s unreimbursed investment in energy
efficiency measures and installations within the affected territory. [1991
c.358 §7]
261.330 District water right appropriation
exclusive if not excessive. 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, 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
judgment 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. [Amended by 1955 c.707 §35; 2003 c.576
§407; 2003 c.802 §79]
261.335 Districts subject to public
contracting and purchasing requirements. (1) Except as
otherwise provided in subsection (2) of this section, people’s utility
districts are subject to the public contracting and purchasing requirements of
ORS 279.835 to 279.855, 279C.005, 279C.100 to 279C.125 and 279C.300 to 279C.470
and ORS chapters 279A and 279B, except ORS 279A.140 and 279A.250 to 279A.290.
(2)
The public contracting and purchasing requirements of ORS 279.835 to 279.855,
279C.005, 279C.100 to 279C.125 and 279C.300 to 279C.470 and ORS chapters 279A
and 279B do not apply to contracts entered into by districts for the
acquisition, construction, improvement or equipping of a renewable energy
facility or for the purchase or sale of electricity, electrical capacity or
renewable energy certificates. [Amended by 1957 c.334 §2; 1961 c.409 §1; 1985
c.474 §5; 2003 c.794 §222; 2007 c.301 §39; 2007 c.895 §10]
261.340
[Repealed by 1979 c.558 §30]
261.345 Employment of labor; pay and
conditions; agreements; rights of previous employees of private utility.
(1) All labor employed by a district, directly or indirectly, shall be employed
under and in pursuance of the provisions of ORS 279B.235, 279C.540, 279C.545,
653.268 and 653.269.
(2)
The minimum scale of wages to be paid by a people’s utility district or by any
contractor or subcontractor for such district shall be not less than the
prevailing wage for the character of work in the same trade in the largest city
having a population of 5,000 or more in the district, or if there is none, the
nearest to the district.
(3)
The board of directors of any utility district may negotiate, sign and maintain
collective bargaining agreements concerning employment, rates of pay and
working conditions with the representatives of its employees. Notice in writing
of any intended change in rates of pay, or working conditions, or both, shall
be given in accordance with the provisions of the agreements. The provisions of
ORS 243.650 to 243.782 shall govern the negotiation of a collective bargaining
agreement and any changes to an existing agreement. The mutual rights and
obligations of the board and the employees or their representatives shall be
those provided under ORS 243.650 to 243.782.
(4)
Whenever any district acquires any utility which at the time of acquisition is
in private ownership:
(a)
The district shall, within financial and organizational limitations, offer
employment to all employees of the private utility whose work primarily served
the affected territory.
(b)
Where the employees of the private utility are, at the time of acquisition,
covered by any collective bargaining contract, plan for individual annuity
contracts, retirement income policies, group annuity contract or group
insurance for the benefit of employees, the district shall maintain any
benefits or privileges that employees of the acquired utility would receive or
be entitled to had the acquisition not occurred by:
(A)
Assuming for one year all of the rights, obligations and liabilities of the
acquired private utility in regard to that collective bargaining contract or
plan for the employees covered thereby at the time of acquisition; or
(B)
Substituting a similar plan or contract under an agreement with a majority of
the affected employees.
(c)
The district may pay all or part of the premiums or other payments required
under paragraph (b) of this subsection out of the revenue derived from the
operation of its properties.
(d)
The district shall recognize the collective bargaining agent of the employees
if the district retains a majority of the employees of the private utility
working in the affected territory. [Amended by 1979 c.558 §23; 1985 c.474 §2;
2003 c.794 §223]
261.348 Transactions for production,
supply or delivery of electricity; financial products contracts.
(1) Notwithstanding any other law, people’s utility districts and municipal
electric utilities may enter into transactions with other persons or entities
for the production, supply or delivery of electricity on an economic,
dependable and cost-effective basis, including financial products contracts and
other service contracts that reduce the risk of economic losses in the
transactions. This subsection does not authorize any transaction that:
(a)
Constitutes the investment of surplus funds for the purpose of receiving
interest or other earnings from the investment; or
(b)
Is intended or useful for any purpose other than the production, supply or
delivery of electricity on a cost-effective basis.
(2)
Nothing in subsection (1) of this section prohibits a people’s utility district
or a municipal electric utility from entering into any transaction for the
acquisition, construction, improvement or equipping of a renewable energy
facility or for the purchase or sale of electricity, electrical capacity or
renewable energy certificates. [1999 c.683 §1; 2007 c.301 §40; 2007 c.895 §11]
Note:
261.348 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 261 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
261.350 Agreements for use of excess
district facilities. Whenever any of the facilities,
works or utilities of the district, or any part thereof, are not used or employed
to its fullest capacity for the benefits or requirements of the district or its
inhabitants, the district may enter into agreements, upon terms and conditions
satisfactory to the board, for renting, leasing or otherwise using the
available portion or parts of such facilities, works or utilities. In
connection with any such agreement, renting or leasing, the district may
undertake or perform any services incidental thereto. [Amended by 1981 c.758 §3]
261.355 Procedure for issuance and sale of
revenue bonds. (1) For the purpose of carrying into
effect the powers granted in this chapter, any district may issue and sell
revenue bonds, when authorized by a majority of its electors voting at any
primary election, general election or special election.
(2)
All revenue bonds issued and sold under this chapter shall be so conditioned as
to be paid solely from that portion of the revenues derived by the district
from the sale of water, waterpower and electricity, or any of them, or any
other service, commodity or facility which may be produced, used or furnished
in connection therewith, remaining after paying from those revenues all
expenses of operation and maintenance, including taxes.
(3)
Notwithstanding subsection (1) of this section and subject to subsection (4) of
this section, any district may, by a duly adopted resolution of its board,
issue and sell revenue bonds for the purpose of financing betterments and
extensions of the district, including renewable energy facilities or the
purchase or sale of electricity, electrical capacity or renewable energy
certificates, but the amount of revenue bonds so issued shall be limited to the
reasonable value of the betterments and extensions plus an amount not to exceed
10 percent thereof for administrative purposes. Revenue bonds shall not be
issued and sold for the purpose of acquiring an initial utility system or
acquiring property or facilities owned by another entity that provides electric
utility service unless:
(a)
The acquisition is a voluntary transaction between the district and the other
entity that provides electric utility service; or
(b)
The electors within the district have approved issuance of the bonds by a vote.
(4)
Not later than the 30th day prior to a board meeting at which adoption of a
resolution under subsection (3) of this section will be considered, the
district shall:
(a)
Provide for and give public notice, reasonably calculated to give actual notice
to interested persons including news media which have requested notice, of the
time and place of the meeting and of the intent of the board to consider and
possibly adopt the resolution; and
(b)
Mail to its customers notice of the time and place of the meeting and of the
intent of the board to consider and possibly adopt the resolution.
(5)
Except as otherwise provided in this section, any authorizing resolution
adopted for the purposes of subsection (3) of this section shall provide that
electors residing within the district may file a petition with the district
asking to have the question of whether to issue such bonds referred to a vote.
(6)
If within 60 days after adoption of a resolution under subsection (3) of this
section the district receives petitions containing valid signatures of not
fewer than five percent of the electors of the district, the question of
issuing the bonds shall be placed on the ballot at the next date on which a
district election may be held under ORS 255.345 (1).
(7)
When petitions containing the number of signatures required under subsection
(6) of this section are filed with the district within 60 days after adoption
of a resolution under subsection (3) of this section, revenue bonds shall not
be sold until the resolution is approved by a majority of the electors of the
district voting on the resolution.
(8)
Any district issuing revenue bonds may pledge that part of the revenue which
the district may derive from its operations as security for payment of
principal and interest thereon remaining after payment from such revenues of
all expenses of operation and maintenance, including taxes, and consistent with
the other provisions of this chapter.
(9)
Prior to any district board taking formal action to issue and sell any revenue
bonds under this section, the board shall have on file with the secretary of
the district a certificate executed by a qualified engineer that the net annual
revenues of the district, including the property to be acquired or constructed
with the proceeds of the bonds, shall be sufficient to pay the maximum amount
that will be due in any one fiscal year for both principal of and interest on
both the bonds then proposed to be issued and all bonds of the district then
outstanding.
(10)
Except as otherwise provided in this section, the district shall order an
election for the authorization of revenue bonds to finance the acquisition or
construction of an initial utility system, including the replacement value of
the unreimbursed investment of an investor owned utility in energy efficiency
measures and installations within the proposed district, as early as
practicable under ORS 255.345 after filing the certificate required under
subsection (9) of this section. An election for the authorization of revenue
bonds to finance the acquisition or construction of an initial utility system
shall be held no more than twice in any one calendar year for any district. In
even-numbered years no election shall be held on any other date than the date
of the primary election or general election.
(11)
A district may issue revenue bonds under ORS 287A.150 without an election
authorizing the issuance, except that revenue bonds shall not be issued under
ORS 287A.150 for the purpose of acquiring an initial utility system or
acquiring property or facilities owned by another entity that provides electric
utility service unless:
(a)
The acquisition is a voluntary transaction between the district and the other
entity that provides electric utility service; or
(b)
The electors within the district have approved issuance of the bonds by a vote.
[Amended by 1959 c.548 §1; 1979 c.558 §24; 1987 c.267 §71; 1991 c.358 §5; 1991
c.572 §§1,2; 1995 c.79 §91; 1995 c.712 §97; 2003 c.14 §125; 2007 c.301 §41;
2007 c.783 §232c; 2007 c.895 §12a]
261.360 Authority to issue general
obligation bonds. (1) When authorized by a
majority of its electors voting at any primary election or general election or
at a special election, at which special election not less than 25 percent of
the electors of the district voted on the question, any district may issue and
sell general obligation bonds so conditioned that the district shall therein
and thereby unconditionally undertake, promise and agree to pay the same in
whole or in part from revenue or from taxes or both.
(2)
The general obligation bonds of the district outstanding at any time shall not
exceed two and one-half percent (0.025) of the real market value of all taxable
property within the limits of the district.
(3)
General obligation bonds may be made payable primarily from and secured by a
lien on and pledge of the revenues derived by the district from its operations
remaining after paying from such revenues all expenses of operation and
maintenance, and secondarily from taxes. [Amended by 1959 c.548 §2; 1967 c.293 §24;
1983 c.83 §35; 1987 c.267 §72; 1991 c.459 §356; 1993 c.18 §45; 1995 c.712 §98;
2003 c.14 §126]
261.365 Bond requirements.
(1) All revenue bonds issued under ORS 261.355 shall contain a clause that they
are payable solely from revenues derived by the district from its operations,
remaining after paying from said revenues all expenses of operation and
maintenance, including taxes.
(2)
Such bonds may be issued from time to time, shall be of such denominations, and
shall run for a period not exceeding 40 years, all as the board of directors
may determine.
(3)
Every issue of bonds shall be in serial form, with definite maturities, and
shall mature in annual or semiannual installments. The first installment of
principal shall fall due and be payable not later than five years, and the last
installment not later than 40 years, after the date of issue. The combined
installments of principal and interest due each year during such period shall
be in such amounts as the board of directors may determine so as to permit
maturity in accordance with anticipated revenues.
(4)
All such bonds, at the discretion of the board of directors, shall contain
provisions for call and redemption by the district of all or any part of the
issue, at the option of the district, on any interest-paying date after the
date of issuance, upon payment of the principal and accrued interest to the
date of call.
(5)
The bonds shall be signed on behalf of the district by its president or
chairperson and be countersigned by its secretary. The seal of the district
shall be affixed to each bond, but not to the coupon. The coupon, in lieu of
being signed, may have printed thereon the facsimile signature of such
officers.
(6)
The bonds shall be payable at a place therein named, to their bearer or
registered holder in the principal amount named therein, at maturity thereof,
in lawful money of the United States, at the rate per annum therein named,
payable semiannually on such dates as the board of directors may determine, in
accordance with the tenor and terms of interest coupons thereto attached. [Amended
by 1957 c.334 §3; 1969 c.76 §1; 1971 c.392 §1; 1981 c.94 §13]
261.370
[Repealed by 1975 c.642 §6 (261.371 enacted in lieu of 261.370)]
261.371 Authority to issue and sell
revenue bonds. Notwithstanding any other provision of
law, revenue bonds issued and sold under this chapter may be issued and sold as
prescribed in ORS chapter 287A. [1975 c.642 §7 (enacted in lieu of 261.370);
1979 c.558 §25; 1981 c.584 §1; 2007 c.783 §82]
261.375 Election to authorize district
bond issue. (1) Except as provided in ORS 261.355
(3) and subject to ORS 261.355 (10), before any district issues general
obligation or revenue bonds, other than general obligation refunding, revenue
refunding or advance refunding bonds, the question of whether the bonds shall
be issued shall be submitted to the electors of the district, either at any
general, state or county election or at a special election called for that
purpose by the board of the district to be held on a date specified in ORS
255.345.
(2)
At the election the notice and ballots shall contain a statement of the amount
of bonds to be voted on and the purpose for which the bonds are to be used. If
a majority of those voting on the question vote “yes,” the board of directors
is authorized to issue bonds of the character and in the amount designated by
the election ballot. [Amended by 1973 c.796 §14; 1975 c.598 §5; 1979 c.558 §26;
1991 c.572 §5]
261.380 Refunding district indebtedness.
(1) The power to refund indebtedness approved by the electors of the district
is vested in the board of directors and may be exercised by adoption of a
resolution providing therefor. It shall not be
necessary for the board to submit the question of the proposed refunding to the
electors of the district at an election or otherwise, but revenue bonds shall
not be refunded into general obligation bonds, nor shall general obligation
bonds be refunded into revenue bonds without approval of the electors of the
district given at an election duly called and legally held therein.
(2)
The issuance and sale of refunding bonds, the maturity dates and other details
thereof, the rights of the holders thereof, and the duties of the board with
respect thereto, shall be governed by ORS 261.305 and 261.355 to 261.375 in so
far as they are applicable. Bonds may be issued and sold to refund bonds issued
pursuant to this chapter, including bonds outstanding on April 10, 1951, and to
refund bonds issued for refunding purposes under authority of this chapter.
261.385 Levy and collection of taxes for
certain purposes. (1) Subject to the limitations
of section 11, Article XI, Oregon Constitution, the board may levy and collect,
or cause to be levied and collected, taxes for a period of 10 years for the
purpose of paying the obligations of the district prior to acquisition or
construction of its system and the receipt of the first revenues therefrom. In any one year, the tax shall not exceed
one-twentieth of one percent (0.0005) of the real market value of all taxable
property within the district, computed in accordance with ORS 308.207. The accumulated
percentages for the 10-year period shall not exceed one-fourth of one percent
(0.0025).
(2)
No part of such taxes shall be levied and collected for the purpose of paying
either principal or interest, or both, on any revenue bonds issued by the district.
(3)
In the event of inadequacy of the revenues of the district to pay the costs of
operation and maintenance thereof and the principal of and interest on the
bonds of the district promptly as the bond principal and interest obligations
respectively become due and payable, neither this limitation nor any other
limitation in this chapter restricts or impairs the right of the district to
levy ad valorem taxes against all property within the district taxable for its
purposes in order to provide funds with which to pay the general obligation
bond principal and interest when due.
(4)
Any utility district created prior to June 14, 1941, may levy taxes as in this
section provided for the same term and under the same conditions as would be
applicable to districts organized after that date. [Amended by 1963 c.9 §5;
1991 c.459 §357]
261.390 Property taxable; time and manner
of tax levy and collection. All taxes provided for in this
chapter shall be levied upon all real and personal property situated within the
boundaries of the district and by law taxable for state and county purposes.
Such taxes shall be levied and collected at the time and in the manner provided
for levy and collection of state and county taxes, and shall be by the county
officers collecting them paid to the treasurer of the district.
BOARD OF DIRECTORS
261.405 Board of directors; election;
qualifications. (1) The management of a people’s
utility district shall be vested in a board of five directors.
(2)
Upon formation of a district, annexation, consolidation, merger and after each
decennial United States Census, the board of directors shall by ordinance
divide the district into five subdivisions, as nearly equal in population as
possible, and where practicable fix the boundaries in conformance with adjacent
precinct boundaries. One director shall be elected from each of the five
subdivisions.
(3)
Directors shall be electors, shall reside in the subdivision from which they
are respectively nominated and elected and shall have resided in the district
continuously for two years immediately preceding the date of their election as
directors. [Amended by 1977 c.210 §1]
261.410 Nomination and election of
directors of established districts. (1) Except as
otherwise provided in this chapter, directors shall be nominated and elected by
the electors of the subdivision such director represents at time of holding the
next general election.
(2)
Nominating petitions must be furnished by the district. [Amended by 1973 c.796 §15;
1975 c.598 §6; 1989 c.503 §30; 2003 c.14 §127]
261.415 Vacancy in office of director.
(1) The office of director shall be considered vacant:
(a)
Upon the failure of the person elected or appointed to the office to qualify
for it not later than 30 days after the time the term of office commences;
(b)
Upon the occurrence of any event listed in ORS 236.010; or
(c)
Upon the incumbent’s absence from meetings of the board for 60 days without the
consent of the board and upon the declaration by the board of the vacancy.
(2)
Vacancies in the office of director occurring between elections shall be filled
by the remaining members of the board, but when a vacancy exists for 30 days,
or if the office is considered or declared vacant under subsection (1)(a) or
(b) of this section, the Governor may fill the vacancy.
(3)
Any person appointed to fill such vacancy by the board or the Governor shall
hold office until the next general election and until a successor is elected
and qualified. [Amended by 1959 c.142 §1; 1969 c.669 §4; 1989 c.503 §31; 2003
c.14 §128]
261.420 Terms of office of directors.
Of the board of directors elected at the next general election following
creation of the district, three shall hold office for four years, and two shall
hold office for two years, and until their successors are elected and
qualified, the length of the respective terms to be determined by lot.
Thereafter, at each general election, a number of directors corresponding to
the number whose terms of office expire shall be elected for the term of four years.
The terms of directors shall commence on the first Monday in January next
following their election. [Amended by 1973 c.796 §16; 1975 c.598 §7; 1989 c.503
§32; 2003 c.14 §129]
261.425 Officers of board.
(1) The board shall choose one of its members president, one vice president,
and one treasurer. The board shall choose a secretary of the district, who may
or may not be a member of the board. In the absence or disability of the
president, the vice president shall act as president.
(2)
The treasurer shall be custodian of all funds of the district, and pay them out
only on order of the board. [Amended by 1967 c.451 §20; 1969 c.345 §3]
261.430 Board meetings.
(1) A majority of members of the board of directors shall constitute a quorum
for transaction of official business. The decision of a majority of the board
shall be deemed to be the act or decision of the board. No vacancy of less than
a majority of members of the board shall impair the right of the remaining
board members to exercise all powers of the board.
(2)
The board of directors shall adopt rules to govern its meetings.
(3)
All legislative sessions of the board of directors, whether regular or special,
shall be open to the public.
261.435
[Amended by 1953 c.284 §2; 1957 c.334 §4; 1959 c.118 §1; 1967 c.168 §1;
repealed by 1979 c.558 §30]
261.440
[Repealed by 1969 c.325 §4]
261.445 Appointment and removal of
district manager; qualifications; salary; acting manager; powers and duties.
(1) The board, before or at the time the district commences construction or
operation of any utility or service, shall appoint a manager, who shall be an
experienced executive with administrative ability. The manager shall be
appointed for an indefinite time and be removable at the action of the board.
Appointments and removals shall be by resolutions adopted by a majority vote.
The manager shall receive such salary as the board shall fix by resolution.
(2)
In case of absence or temporary disability of the manager, the board shall
designate some competent person as acting manager.
(3)
The manager shall be chief administrative officer of the people’s utility
district, shall have control of administrative functions of the district and
shall be responsible to the board for efficient administration of all affairs
of the district placed in charge of the manager. The manager may attend
meetings of the board and its committees and take part in discussion of any
matters pertaining to duties of the department, but shall have no vote. The
manager shall:
(a)
Carry out orders of the board to see that all laws of this state pertaining to
matters within the functions of the department are duly enforced.
(b)
Keep the board advised as to the financial condition and needs of the district.
(c)
Prepare an annual estimate for the ensuing fiscal year of the probable expenses
of the department, and recommend to the board what development work should be
undertaken, and any extensions and additions which should be made during the
ensuing fiscal year, with an estimate of the costs of such development work,
extensions and additions.
(d)
Certify to the board all bills, allowances and payrolls, including claims due
contractors of public works.
(e)
Recommend to the board salaries of the employees of the office of the manager,
and a scale of salaries or wages to be paid for different classes of service
required by the district.
(f)
Hire and discharge clerks, laborers and other employees under direction of the
manager.
(g)
Perform such other duties as may be imposed upon the manager by the board.
(4)
The manager shall not contribute any money in aid of or in opposition to the
election of any candidate for people’s utility district director, or advocate
or oppose any such election.
261.450
[Repealed by 1969 c.345 §20]
261.455
[Repealed by 1969 c.344 §8]
261.460 Legislative function of board.
(1) The board of directors shall constitute the legislative body of the
district, and shall determine all questions of policy.
(2)
All legislative acts of the board shall be expressed in written resolutions or
ordinances. Every ordinance enacted by the board shall be preceded by an
enacting clause substantially as follows: “Be It Enacted by the ______ People’s
Utility District” and shall be voted upon by an “aye” and “nay” vote. All
ordinances except emergency ordinances shall require affirmative votes of a
majority of the board at a regular meeting or an adjourned regular meeting.
(3)
All ordinances except emergency ordinances shall be subject to the referendum
and shall become effective 30 days after the date of their passage, unless a
later date is fixed in the ordinance itself, in which event they shall take
effect at the later date.
(4)
Emergency ordinances shall contain the statement that an emergency exists and
specify with distinctness the facts and reasons constituting the emergency. The
unanimous vote of all members of the board present is necessary to pass any
emergency ordinance and no such ordinance shall be passed with less than four
directors present.
261.465 Board supervision and regulation
of district utilities; fixing rates. (1) The board
shall supervise and regulate every utility owned, operated or owned and
operated by the district, including the fixing and adjusting of rates, rentals,
charges and classifications, contracts, practices and schedules, for or in
connection with any service, product or commodity owned or controlled by the
district.
(2)
Rates so fixed shall be sufficient to accomplish the following purposes:
(a)
For proper operation and maintenance of the property or facilities owned by the
district.
(b)
To pay all taxes which may be levied upon property owned by the district or
which it may be required to pay out of its gross revenues.
(c)
For payment of principal and interest of all bonds, warrants or obligations of
any character in accordance with terms and provisions thereof respecting time,
manner and amount of payment.
(d)
For payment of any other indebtedness or obligations which the district may be
obligated to pay.
(e)
To establish and maintain any special funds which the district has obligated
itself to create for the purpose of paying bond issues or other obligations.
261.470 Accounting system adopted by
board; annual reports; annual audit. (1) The board
shall adopt the effective uniform system of accounts prescribed by the Federal
Energy Regulatory Commission and require that accounting for receipts and
disbursements for the district be accomplished in accordance with said system
of accounts.
(2)
The board shall file with the Director of the State Department of Energy and
with the county clerk of each county included within the boundaries of the
district an annual report in the form required by the Federal Energy Regulatory
Commission.
(3)
An annual audit shall be made in the manner provided in ORS 297.405 to 297.555.
A copy of such audit shall be filed with each county clerk of the county in
which the district or any portion of the boundaries of the district is located,
and in the office of the Secretary of State and in the office of the Director of
the State Department of Energy, where it shall remain a public record. [Amended
by 1953 c.354 §2; 1977 c.774 §16; 1979 c.286 §3; 1985 c.474 §4]
261.505
[Amended by 1973 c.796 §17; 1975 c.647 §21; renumbered 261.055]
261.510
[Amended by 1959 c.72 §1; repealed by 1973 c.796 §79]
261.515
[Repealed by 1973 c.796 §79]
COURT PROCEEDING TO TEST CERTAIN
DISTRICT PROCEEDINGS
261.605 Testing validity of certain
commission and board proceedings. (1) The board
of directors of a people’s utility district may by petition commence
proceedings in the circuit court of the county in which the district, or the
greater portion thereof, is located, for the purpose of having a judicial
examination and judgment of the court as to regularity and legality of
proceedings in connection with creation of the district, including:
(a)
Any action or proceeding of the county governing body proclaiming the creation
of the district, or declaring the result of any general or special election
therein.
(b)
The proceedings of the board and district providing for and authorizing issue
and sale of bonds of the district, whether such bonds or any of them have or
have not been sold or disposed of.
(c)
Any order of the board levying a tax.
(d)
The legality of the authorization of any contract with the United States and
the validity of such contract, whether or not it has been executed.
(2)
All proceedings of the district may be judicially examined and determined in
one special proceeding, or any part thereof may be separately examined and determined
by the court. [Amended by 1979 c.558 §27]
261.610 Nature of proceeding; notice;
appearance to contest; court determinations. (1)
The proceedings shall be in the nature of a proceeding in rem,
and the practice and procedure therein shall follow the practice and procedure
of an action not triable by right to a jury, so far
as consistent with the determination sought to be obtained, except as provided
in ORS 261.605 to 261.635.
(2)
The jurisdiction of the district and of electors therein shall be obtained by
publication of notice directed to the district, and to the electors
individually. The notice shall be served on all parties in interest by
publication thereof for at least once a week for three successive weeks in some
newspaper of general circulation published in the county where the proceeding
is pending. Jurisdiction shall be complete within 10 days after the full
publication of the notice as provided in this section.
(3)
Any person interested may at any time before the expiration of such 10 days
appear and contest the validity of the proceeding, or of any of the acts or
things therein enumerated.
(4)
The proceedings shall be speedily tried and judgment rendered declaring the
matter so contested to be either valid or invalid.
(5)
Any order or judgment in the course of the proceeding may be made and rendered
by the judge of the circuit court in vacation. For the purpose of any such
order or judgment, the court shall be deemed at all times in session and the
act of the judge in making such order or judgment shall be the act of the
court. [Amended by 1979 c.284 §126]
261.615 Appeal to Court of Appeals.
Either party may appeal to the Court of Appeals at any time within 30 days
after the rendering of the general judgment, which appeal must be heard and
determined within three months from the time of taking such appeal. [Amended by
1979 c.562 §9; 2003 c.576 §408]
261.620 Guidance for court determination.
The court, in inquiring into the regularity, legality or correctness of any
such proceedings, must disregard any error, irregularity or omission which does
not affect the substantial rights of the parties to the special proceedings. It
may approve the proceedings in part and disapprove and declare illegal or
invalid other or subsequent proceedings in part. It may approve the proceedings
in part and disapprove the remainder thereof.
261.625 Costs of proceeding.
The costs of the special proceedings may be allowed and apportioned between the
parties in the discretion of the court.
261.630 Institution of proceeding by
elector; directors as parties; notice. (1) Any
elector of the district within 30 days after the entry of any order, or the
performance of any act mentioned in ORS 261.605, and for which a contest is
provided by that section, may bring a like proceeding in the circuit court of
the county where the district, or the greater portion thereof, is located, to
determine the validity of any of the acts, orders or things enumerated in ORS
261.605 to 261.615 and concerning which the right of contest is given by those
sections.
(2)
In such proceedings the board of directors shall be made parties defendant.
Service of summons shall be made on the members of the board personally if
within the county where the district or any part thereof is situated. As to any
directors not within such county, service may be had by publication of summons
for a like time and in like manner as provided by ORS 261.610. Service shall be
deemed complete within 10 days from the date of personal service within the
county and within 10 days from the date of completion of the publication, as
the case may be.
(3)
Such proceedings shall be tried and determined in the same manner as
proceedings brought by the district itself.
261.635 Procedure exclusive.
No contest of any proceeding, matter or thing by this chapter provided to be
had or done by the board of directors, by the district, by the county governing
body or by any elector of the district, shall be had or maintained at any time
or in any manner except as provided in ORS 261.605 to 261.630. [Amended by 1979
c.558 §28; 1983 c.85 §36]
DISSOLUTION
261.705 Authority to dissolve district;
vote authorizing dissolution. Any people’s
utility district which has not received voter authorization within five years
of its formation election to issue bonds in an amount sufficient to acquire or
build a system to provide service within its district may be dissolved whenever
a majority vote of the electors of the district voting at an election for such
purpose favors the dissolution. [Amended by 1987 c.824 §1]
261.710 Call of election; effect of
favorable vote. (1) The dissolution election may
be called by the board of directors on their own motion or by a petition filed
with the directors of the district, signed by electors of the district equal in
number to not less than three percent of the total number of votes cast for all
candidates for Governor in the district at the most recent election at which a
candidate for Governor was elected to a full term, requesting the directors of the
district to submit to the electors of the district the proposition of
dissolving the district and settling its affairs.
(2)
The petition shall be referred to the county clerk of each county wherein the
district or any part thereof is located. The county clerk of each of such
counties shall examine the purported signatures on the petition of electors of
the county and shall certify as to the regularity and sufficiency thereof.
Where the district is located in more than one county, the certificate of the county
clerk of each county as to the regularity of the signatures on the petition
shall be filed with the Secretary of State, who shall accept the certificates
by the county clerks as to the regularity of the signatures, and based thereon,
shall certify as to the sufficiency of all signatures on the petition. Whenever
a dissolution petition has been certified as sufficient, the certificate of
sufficiency with copy of the petition shall be transmitted to the directors of
the district, who shall immediately call an election to be held concurrently
with a primary election or general election.
(3)
If a majority of the electors of the district, voting at the election, votes in
favor of dissolution, the directors shall issue their proclamation dissolving
the district and shall file the proclamation in the office of the county clerk
of the county wherein the district is located.
(4)
The district shall thereafter continue to exist solely for the purpose of
settling its affairs as provided in ORS 261.715 to 261.730. [Amended by 1973
c.796 §18; 1983 c.83 §37; 1989 c.174 §4; 1995 c.712 §99; 2003 c.14 §130]
261.715 Directors as trustees.
Upon dissolution the directors then in office shall be deemed to be, and
thereafter be referred to as, the trustees of the district, with power and
authority in the name and in behalf of the district to sell, transfer and
dispose of any and all property and assets of the district and to do each and every thing necessary and needful or requisite for
settlement and liquidation of the affairs of the district as provided in ORS
261.720 to 261.730.
261.720 Inventory and sale of district
property. The trustees shall proceed at once to
take, or cause to be taken, an inventory of all property of the district, its
assets and liabilities, and shall sell the same as a whole or any part thereof
upon such terms and conditions as the trustees deem advisable.
261.725 Disposal of sale proceeds.
(1) The proceeds derived from the sale shall be used to pay the indebtedness of
the district.
(2)
If, after payment of all debts of the district, there remain any surplus funds
to the credit of the district, such funds shall be turned over to the county
treasurer of each county in which the district may be located, to become a part
of the general fund of the county in the proportion that the assessed value of
the property within the boundaries of the district in such county bears to the
total assessed value of all property within the boundaries of the district as
determined by the last assessment rolls.
261.730 Disposal of district books and
records; termination of corporate existence. After
the affairs of the district have been fully settled, all books and records of
the district shall be deposited by the trustees in the office of the county
clerk of the county wherein the district or its principal part in area thereof
is located, and the corporate existence of the district without further action
is dissolved and terminated for all purposes.
CONSTRUCTION
261.900 Construction.
(1) The rule of strict construction shall have no application to ORS 261.007,
261.010, 261.030, 261.065 to 261.118, 261.131 to 261.171, 261.190, 261.200,
261.220, 261.225, 261.305 to 261.325, 261.345, 261.355, 261.371, 261.375,
261.605, 261.635 and this section; but the same shall be liberally construed,
in order to carry out the purposes and objects for which ORS 261.007, 261.010,
261.030, 261.065 to 261.118, 261.131 to 261.171, 261.190, 261.200, 261.220,
261.225, 261.305 to 261.325, 261.345, 261.355, 261.371, 261.375, 261.605, 261.635
and this section are intended.
(2)
When ORS 261.007, 261.010, 261.030, 261.065 to 261.118, 261.131 to 261.171,
261.190, 261.200, 261.220, 261.225, 261.305 to 261.325, 261.345, 261.355,
261.371, 261.375, 261.605, 261.635 and this section come in conflict with any
provision, limitation or restriction in any other law, ORS 261.007, 261.010,
261.030, 261.065 to 261.118, 261.131 to 261.171, 261.190, 261.200, 261.220,
261.225, 261.305 to 261.325, 261.345, 261.355, 261.371, 261.375, 261.605,
261.635 and this section shall govern and control. [1979 c.558 §29]
Note:
261.900 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 261 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
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