Chapter 547 — Drainage
Districts
2011 EDITION
DRAINAGE DISTRICTS
WATER LAWS
ORGANIZATION OF DRAINAGE DISTRICTS;
SCOPE OF LAW
547.005 Authority
to form drainage district
547.010 Petition
to form district; contents
547.015 Verification
and filing of petition
547.020 Fixing
time and place of hearing; notice; jurisdiction over district
547.025 Filing
of objections
547.030 Evidence
at hearing; findings; appeal
547.040 Application
of Act of 1915 and amendments to districts organized under earlier laws
547.045 State
lands within district; authority to sign petition or objections; liability of
lands; assessments
547.050 Signing
of petition by Governor
547.055 Attack
on validity or boundaries of district; time for commencement of suit
547.060 Scope
of Drainage District Act
BOARD OF SUPERVISORS; ADMINISTRATION;
SURETY BONDS; WARRANTS
547.105 Election
of supervisors; qualifications and terms of office; quorum for transaction of
business at owners’ meetings
547.110 Annual
meeting; election of supervisors; owners entitled to vote
547.112 Change
in number of supervisors
547.115 Supervisor’s
oath of office
547.120 Board
of supervisors; officers; secretary; seal; record of proceedings; report
547.125 Secretary
as treasurer; duties; audit of books and report to landowners; compensation
547.130 Record
of meetings, proceedings, certificates, bonds, acts
547.135 Removal
of employees
547.140 Uniform
charge to pay expenses of organizing district, surveys, assessing benefits and
damages; collection; surplus funds; refunding in case of dissolution
547.150 Payment
of claims; warrants; nonpayment; interest-bearing warrants; charge or levy of
tax to pay
ENGINEER; PLAN FOR RECLAMATION;
COMMISSIONERS; ASSESSMENT OF BENEFITS
547.205 Appointment
of engineer; duties; surveys; report; maps
547.210 Engineer’s
report; adoption by supervisors; report constitutes “Plan for Reclamation”;
exclusion of lands not benefited; certain irrigated lands deemed to be
benefited
547.215 Commissioners;
appointment; qualifications; quorum; continuing existence
547.220 Notice
of appointment of commissioners; meeting; secretary of board of supervisors to
furnish certain information; oath; officers
547.225 Assessment
of benefits and damages by commissioners; report; compensation
547.230 Notice
of report of commissioners; publication; form
547.235 Exceptions
to report or assessment; hearing by court; modifications; transmission of
judgment and report to supervisors and county clerks; appeal from judgment
547.240 Dissolution
of district if cost exceeds benefits; obligations and expenses; additional
charges
547.245 Reassessment
of benefits
547.250 Changes
in plan for reclamation; petition for amendment of plan; notice
547.255 Objections
to petition; findings; judgment; recording
547.260 Appointment
of commissioners when plan amended; subsequent proceedings; court costs
547.265 Amendment
of plan where works or charge insufficient; additional charge
WORKS AND IMPROVEMENTS OF DISTRICT
547.305 Entry
on land; acquisition of property; water filings and appropriations;
condemnation of property devoted to public use; right of way across state lands
547.310 Board
authority regarding reclamation works; contracts; engineer’s duties
547.315 Connecting
existing improvements; procedure; connection with improvements outside district
547.320 Powers
of districts regarding irrigation works; bonds
547.325 Powers
of districts under 1,000 acres regarding domestic water supply
CONTRACTS WITH UNITED STATES FOR
RECLAMATION
547.355 Contracts
with United States for reclamation by drainage or irrigation authorized
547.360 Payment
of amounts due; assessments on lands; lien thereof; collection
DISTRICTS WEST OF CASCADES; CONSTRUCTION
AND MAINTENANCE OF DITCHES
547.405 Districts
west of Cascades; control of supervisors over improvements
547.410 Maintaining
improvements; notice to owner or occupant of premises
547.415 Failure
of owner or occupant to act; maintenance by supervisors
547.420 Liability
for cost of work; notice of claim of lien; foreclosure; sale of land
547.425 Prohibited
practices
547.430 Civil
liability for expense of removal of filth or obstruction; recovery by action
ASSESSMENTS, CHARGES AND TAXES
547.455 Annual
charge or assessment; computation; apportionment; liability of state lands;
payment of assessments by bonds, coupons or warrants
547.460 County,
city and town lands subject to taxation, assessment or charges
547.465 Assessment
or charge of low lands used for growing crops
547.470 Extra
assessment or charge for lake drainage
547.475 List
of assessments and apportionments
547.480 Collection
of tax; disposition
547.482 Filing
boundary change with county assessor and Department of Revenue
547.485 Governing
body of county to make assessment and levy upon failure of supervisors to do so
547.490 Waiver
of penalty or interest by certain districts
547.492 Alternative
charge or assessment method
547.495 Crops
bound by lien; exceptions
547.500 Notice
or claim of crop lien; filing; contents
547.505 Recording
of crop lien claim by clerk; indexing
547.510 Form
of crop lien claim; foreclosure
547.515 Removal
of crops to another county; recording of notice in latter county; rights of
purchasers and mortgagees
BONDS OF DISTRICT
547.555 Bonds;
issuance; interest; place of payment; maturities
547.560 Sale
of bonds; procedure
547.565 Payment
of bonds from assessments
547.570 Bond
proceeds; depository
547.575 Bond
fund account; general fund
547.580 Retirement
of bonds before maturity; call provisions
FUNDING AND REFUNDING OF DEBT UNDER 1909
ACT
547.605 Funding
and refunding of debt; bonds; place of payment
547.610 Sale
or exchange of bonds; application of proceeds; cancellation of retired
obligations; record of transactions
547.615 Tax
for payment of interest and principal; sinking fund
547.620 Retirement
of outstanding bonds; notice to bondholders to submit propositions; premium;
calling of bonds
ALTERNATIVE METHOD OF REFUNDING
INDEBTEDNESS OR ISSUING BONDS
547.655 Authority
to adopt alternative procedure
547.660 Exchange
of refunding bonds for outstanding indebtedness
547.665 Numbering;
maturities; negotiability; interest; place of payment; denominations;
execution; registration; authority to retire bonds
547.670 Offer
by holders of indebtedness to surrender evidences thereof or accept
proportional payment; sale of bonds; notice; publication
547.675 Lien
on land assessed for bond payment
547.680 Emergency
fund; assessments for; use of
547.685 Retirement
of bonds before maturity; notice of call; date of payment; cessation of
interest
547.690 Judicial
confirmation
547.695 Sale
of lands for delinquent charges; district as purchaser; resale; payment of
proceeds into emergency fund; district to bid at tax sale
547.697 Bond
fund separate from district general fund; deposits to bond fund and district
general fund; expenditures from bond fund and district general fund
WITHDRAWAL
547.755 Part
of district annexed to city to be withdrawn from district only by consent of
voters
PENALTIES
547.990 Penalties
ORGANIZATION OF DRAINAGE DISTRICTS;
SCOPE OF LAW
547.005 Authority to form drainage
district. The persons shown by the records of the
county to be the owners of 50 percent of the acreage in any contiguous body of
swamp, wet or overflowed lands or irrigated lands, waters from which contribute
to the swamp, wet or overflowed conditions of those or other lands, situated in
one or more counties of the state, may form a drainage district for the purpose
of having such lands reclaimed and protected by drainage or otherwise from the
effects of water, for sanitary or agricultural purposes, or when the same may
be conducive to the public health, convenience and welfare or of public utility
or benefit.
547.010 Petition to form district;
contents. For the purpose mentioned in ORS 547.005,
the owners may prepare and sign a petition in which shall be stated:
(1)
The name proposed for the district.
(2)
The boundary lines of the district, or a description of all the lands included
therein, with an allegation that such lands constitute a contiguous body of
swamp, wet or overflowed lands, or irrigated lands the waters from which
contribute to the swamp, wet or overflowed condition of those or other lands.
(3)
The total acreage included in the district, and if land in more than one county
is included, then the acreage in each county.
(4)
The names of the owners of land in the district as shown by the county records,
and the acreage owned by each owner.
(5)
An allegation that the proposed reclamation or protection is for sanitary or
agricultural purposes, or both, and that the proposed reclamation or protection
will be conducive to the public health or welfare or of public utility or
benefit.
(6)
An allegation that all the lands included in the proposed district are properly
included, and will be beneficially affected by the operations of the proposed
district.
(7)
An allegation that the benefits of the proposed reclamation or protection will
exceed the damage to be done and that the best interests of the land included
and of the owners of such land as a whole, and of the public at large, will be
promoted by the formation and proposed operations of the district.
(8)
An allegation that the formation of a drainage district under the provisions of
this chapter is a proper and advantageous method of accomplishing the
reclamation and protection of the lands included therein.
(9)
A brief, general, informal statement of a proposed plan of reclamation or
protection and such general facts as will enable the court to determine that
there is a reasonable probability that the objects sought by the formation of
the district may be accomplished.
(10)
An agreement that the signers will pay any expenses incurred and any charges
imposed and billed to the signers, for the purpose of paying the expense of
organizing or attempting to organize the proposed district.
(11)
A prayer asking that the lands described, or such of them as may be found by
the court to be properly included in the proposed district, either permanently
or until further investigation and surveys may permit elimination, shall be
declared organized into a drainage district. [Amended by 1991 c.459 §425]
547.015 Verification and filing of
petition. The petition shall be verified by one
or more of the petitioners to the effect that they have read the petition and
believe the allegations to be true. It shall be filed in the office of the
county clerk of the county in which the lands described are situated. If the
lands are situated in more than one county it shall be filed in the office of
the county clerk of the county in which more of the lands are situated than in
any other county.
547.020 Fixing time and place of hearing;
notice; jurisdiction over district. (1) Upon
presentation of the petition, the county court shall fix the time and place for
hearing the petition. Thereupon the clerk in whose office the petition was
filed shall give notice in the following manner:
(a)
The clerk shall cause notice to be published once each week for four
consecutive weeks in some newspaper published in each county in which are
situated lands of the district, the last insertion to be made at least 15 days
prior to the meeting of the county court at which the petition is to be heard.
The notice shall be substantially in the following form and shall be deemed sufficient
for all purposes of the Drainage District Act:
______________________________________________________________________________
Notice of
Hearing on Petition to Form Drainage District.
In the County Court of the State of
Oregon, for the County of _____.
Notice
is given that hearing on the following petition will be held at the courthouse
in the city of_____, County of_____, State of Oregon, on the ___ day of_____, 2___,
for the purpose of determining whether the prayer of the petition shall be
granted.
All
persons owning or claiming an interest in lands described in the petition are
notified to appear at that place on that date and show cause, if any there be,
why the prayer in the petition should not be granted.
_______________
Clerk
of the County Court
______________________________________________________________________________
(b) Immediately following the notice and
as a part thereof, there shall be published the petition in full, including the
signatures thereto.
(2) The county court of the county in
which the petition has been filed shall thereafter maintain and have original
and exclusive jurisdiction coextensive with the boundaries and limits of the
district without regard to county lines, for all purposes of the Drainage
District Act.
547.025
Filing of objections. On or before the date set for
the hearing, any person objecting to the organization and incorporation of the
district may appear and file a writing setting forth specifically and
definitely any objections thereto.
547.030
Evidence at hearing; findings; appeal. (1) At the
hearing the court shall hear and consider any evidence that may be presented
for or against the petition or any objection thereto.
(2) Thereupon the court shall make its
findings upon the facts alleged in the petition or objections and any other
facts necessary and proper for the determination of the propriety of the
organization of the district, which findings shall be entered on the journal of
the court.
(3) If it appears to the court that the
prayer of the petition should be granted, the court shall, by its order entered
of record, declare the drainage district organized.
(4) If it appears to the court that the
prayer of the petition should not be granted, the proceedings shall be
dismissed and the costs adjudged against the signers of the petition in
proportion to the acreage represented by each.
(5) In making such findings and decision,
the court shall disregard any error, irregularity or omission which does not
affect substantial rights, and no such error, irregularity or omission shall
affect the validity of the organization or any proceedings taken thereon.
(6) Appeal may be taken de novo from the
decision of the court to the circuit court. [Amended by 1979 c.284 §168]
547.035
[Repealed by 1975 c.326 §5]
547.040
Application of Act of 1915 and amendments to districts organized under earlier
laws. All drainage districts organized before
February 14, 1921, in pursuance of any law relating to drainage districts
passed prior to the enactment of chapter 340, Oregon Laws 1915, shall have all
the powers and be subject to all the provisions of the Drainage District Act,
except in so far as the organization of the district is concerned.
547.045
State lands within district; authority to sign petition or objections; liability
of lands; assessments. (1) Whenever any diking or
drainage district is sought to be created and organized or is created and
organized in the manner provided by law, within the boundaries of which are
located any lands belonging to the state that have been acquired or used by or
for any state institution described in ORS 179.321, the Director of Human
Services or the Director of the Oregon Health Authority may sign any petition
or objections thereto for the organization of such district and exercise on
behalf of the state with respect to the district and the land therein belonging
to the state, all the rights and privileges of a landowner within the district.
(2) Whenever any such district or proposed
district includes any lands belonging to any public body as defined in ORS
174.109, the presiding officer of such public body, or other member of the
governing body of such public body, when thereto authorized by a resolution of
the governing body thereof, may sign such petition or objection thereto on
behalf of the public body, and exercise with respect to the district and the
land therein belonging to the public body, all the rights and privileges of a
landowner in the district, including the right to be a supervisor of the
district.
(3) Lands belonging to a public body as
defined in ORS 174.109 shall be subject to the same burdens and liabilities and
entitled to the same benefits as lands in the district belonging to private
individuals. The Department of Human Services or the Oregon Health Authority
may pay from any appropriations made for the operation and maintenance of any
institution, the lands of which have been included in any diking or drainage
district, any charges billed to the department or any assessments levied
against such lands by the diking or drainage district. [Amended by 1959 c.380 §1;
1969 c.597 §61; 1989 c.171 §72; 1991 c.459 §425a; 2003 c.802 §134; 2009 c.595 §988]
547.050
Signing of petition by Governor. The signing
of the petition by the Governor for the organization of a diking or drainage
district on behalf of the state shall be deemed to constitute compliance with
the provisions of ORS 547.005 to 547.015, and any previous such action by the
Governor is hereby ratified and confirmed. [Amended by 1969 c.597 §62]
547.055
Attack on validity or boundaries of district; time for commencement of suit.
No action, suit or proceeding, under ORS 30.570 or otherwise, shall be
maintained for the purpose of avoiding, setting aside or otherwise questioning
or affecting the validity of the organization of any district organized under
the Drainage District Act, unless such action, suit or proceeding is commenced
within nine months from the date of the proclamation in such matter made by the
county judge; nor for the purpose of questioning the legality of the boundaries
established for such corporation in such proclamation unless similarly
commenced within nine months therefrom; nor for the purpose of questioning the
legality of any altered boundaries of the district which may be subsequently
established as provided for by ORS 547.250 to 547.260 unless commenced within
nine months from the date of the judgment. [Amended by 2003 c.576 §505]
547.060
Scope of Drainage District Act. As used in
this chapter, “Drainage District Act” means ORS 547.005 to 547.030, 547.105 to
547.150, 547.205 to 547.240, 547.250 to 547.265, 547.310, 547.315, 547.455 to
547.475, and 547.555 to 547.580.
BOARD
OF SUPERVISORS; ADMINISTRATION; SURETY BONDS; WARRANTS
547.105
Election of supervisors; qualifications and terms of office; quorum for
transaction of business at owners’ meetings. Within
30 days after any drainage district has been organized under the provisions of
the Drainage District Act, the county clerk of the county in which the petition
was filed shall call a meeting of the owners of land situated in the district
for the purpose of electing a board of supervisors with three or five
supervisors as determined by the owners of land within the district. Notice of
the meeting shall be given by publication in some newspaper published in each
county in which lands of the district are situated, at least 10 days before the
date of the meeting. The supervisors shall be owners of land in the district.
The landowners, assembled at the place and time required by the notice, shall
organize by the election of a chairperson and secretary of the meeting who
shall conduct the election. Each owner is entitled to one vote in person or by
proxy for each acre of land owned by the owner in the district. The three or
five persons receiving the highest number of votes shall be declared elected as
supervisors. They shall immediately by lot determine the terms of their office.
If three supervisors are elected, the supervisors shall serve, respectively,
one, two and three years. If five supervisors are elected, one supervisor shall
serve one year, two supervisors shall serve two years, and two supervisors
shall serve three years. The supervisors first elected shall serve until their
successors are elected and qualified. The majority of the acreage represented
shall be necessary to constitute a quorum for the transaction of business at
all landowners’ meetings; provided, however, that when in any year a district
shall fail to have a quorum at its annual meeting called pursuant to ORS
547.110 then the quorum for the annual meeting for the succeeding year shall be
at least 35 percent of the acreage represented. [Amended by 1959 c.379 §1; 2003
c.223 §1]
547.110
Annual meeting; election of supervisors; owners entitled to vote.
In the same month of each year after the election of the first board of
supervisors, the board shall call a meeting of the owners of land in the
district, after giving notice in the manner provided for in ORS 547.105. The
owners shall meet at the time and place fixed by the board and elect one or two
supervisors in the manner prescribed in ORS 547.105, who shall hold office for
three years and until a successor is elected and qualified. However, after the
report of the commissioners has been confirmed by the court under the
provisions of ORS 547.235, only the owners of the land having benefits
attributed to the land shall be entitled to vote at the annual meetings held
under the provisions of this section. [Amended by 1969 c.669 §14; 1991 c.459 §425b;
2003 c.223 §2]
547.112
Change in number of supervisors. (1) At least
six months prior to an annual meeting of a drainage district, the board of
supervisors of the drainage district may change the number of supervisors
elected to the board, effective at the next annual meeting, by a motion
approved by the affirmative vote of a majority of the supervisors.
(2) If the board of supervisors acts under
subsection (1) of this section:
(a) To change the number of supervisors on
the board, the board shall notify the county clerk of the county in which the
petition to form the district was filed and the Secretary of State at least six
months prior to the annual meeting at which one or more supervisors will be
added to or removed from the board or within 30 days of taking action under
subsection (1) of this section, whichever is later.
(b) To reduce the number of supervisors
from five to three, the board shall phase in the change, beginning at the next
annual meeting, in a manner that allows each supervisor to serve the full term
to which the supervisor was elected. If the decision is made to reduce the
number of supervisors from five to three at an annual meeting at which only one
supervisor is scheduled to be elected, the election must be canceled and the
supervisor whose term is ending shall continue in office until the following
annual meeting. At the following annual meeting, the terms of two more
supervisors will end, and only one supervisor will be elected. [2003 c.223 §4]
547.115
Supervisor’s oath of office. Each supervisor
before entering upon official duties shall take and subscribe to an oath before
some officer authorized by law to administer oaths, that the supervisor will
honestly, faithfully and impartially perform the duties devolving upon the
supervisor in office as supervisor of the drainage district in which the
supervisor was elected, and that the supervisor will not neglect any of the
duties imposed upon the supervisor by the Drainage District Act.
547.120
Board of supervisors; officers; secretary; seal; record of proceedings; report.
The board of supervisors immediately after its election shall choose one of its
number president of the board, and elect some suitable person secretary, who
may or may not be a member of the board. The board shall adopt a seal with a
suitable design, and shall keep a record of all its proceedings. The board
shall report to the landowners at the annual meeting held under the provisions
of ORS 547.110 what work has been done, either by the engineers or otherwise.
Notwithstanding the provisions of ORS 198.190, if the secretary is a member of
the board the secretary shall be entitled to compensation as provided for in
ORS 547.125. [Amended by 1971 c.403 §10; 1973 c.794 §28]
547.125
Secretary as treasurer; duties; audit of books and report to landowners;
compensation. (1) The secretary of the board of
supervisors in any drainage district shall hold the office of treasurer of the
district, except as otherwise provided in this chapter.
(2) The treasurer shall receipt for all
moneys received by the treasurer and shall keep all funds received by the
treasurer from any source deposited at all times in some insured institution or
trust company, as those terms are defined in ORS 706.008, that is designated by
the board of supervisors. All interest accruing on such funds shall, when paid,
be credited to the district.
(3) The board of supervisors shall audit
or have audited the books of the treasurer each year and make report thereof to
the landowners at the annual meeting and publish a statement within 30 days
thereafter, showing the amount of money received, the amount paid out during
the year, and the amount in the treasury at the beginning and end of the year.
(4) The treasurer shall pay out funds of
the district only on warrants signed by the president of the board and attested
by the signature of the secretary and treasurer.
(5) The secretary shall receive as
compensation for performing the duties of secretary-treasurer such salary as
may be fixed and directed to be paid by resolution of the board. [Amended by
1969 c.345 §14; 1997 c.631 §489]
547.130
Record of meetings, proceedings, certificates, bonds, acts.
The board of supervisors of any district organized under the Drainage District
Act shall cause to be kept a well-bound book, entitled “Record of Proceedings
of Board of Supervisors of _____ District,” in which shall be recorded minutes
of all meetings, proceedings, certificates, bonds given by all employees, and
any and all corporate acts, which record shall at all times be open to the
inspection of anyone interested, whether taxpayer or bondholder.
547.135
Removal of employees. The board of supervisors may at
any time remove any officer, attorney or other employee appointed or employed
by the board.
547.140
Uniform charge to pay expenses of organizing district, surveys, assessing
benefits and damages; collection; surplus funds; refunding in case of
dissolution. (1) The board of supervisors of any
district organized under the provisions of the Drainage District Act shall, as
soon as elected and qualified, impose a uniform charge of not more than $1 per
acre upon the owner of each acre of land within the district, to be used for
the purpose of paying expenses incurred or to be incurred in organizing the
district, making surveys of the same, and assessing benefits and damages, and
to pay other expenses necessary to be incurred before the board shall be
empowered by other provisions of the Drainage District Act, to provide funds to
pay the total cost of works and improvements of the district. In case the
boundary lines of the district are extended so as to include lands not
described and contained in the petition, the same uniform charge shall be
imposed upon the owners of the included lands as soon as the lands are annexed
and included in the district.
(2) The charge shall be due and payable as
soon as imposed and billed, and if not paid within 60 days after the billing
date, the charge shall become delinquent.
(3) In case the sums received from the
charges exceed the total cost of items for which the charges are imposed, the
surplus shall be placed in the general fund of the district and used to pay
cost of construction. Upon dissolution of the district, any amount of surplus
remaining shall be prorated and refunded to the landowners who paid the
charges. [Amended by 1991 c.459 §425c]
547.145
[Repealed by 1969 c.345 §20]
547.150
Payment of claims; warrants; nonpayment; interest-bearing warrants; charge or
levy of tax to pay. All claims against the district
shall be paid by warrants drawn on the district treasurer and signed by the
president and secretary of the board. When any warrant is not paid when
presented to the treasurer because of lack of funds in the treasury, such fact
shall be indorsed on the back of the warrant, and such warrant shall draw
interest thereafter at the rate of six percent per annum until there is money
on hand to pay the amount of the warrant and the interest then accumulated. No
interest shall be allowed on warrants after sufficient funds are in the treasury
to pay the indorsed warrants and interest. The secretary shall give notice by
publication whenever sufficient funds are available to pay outstanding
warrants. The board shall charge or levy each year a sufficient amount of money
to pay the outstanding warrants of the district to the extent permitted within
the constitutional limitation. [Amended by 1991 c.459 §425d]
ENGINEER;
PLAN FOR RECLAMATION; COMMISSIONERS; ASSESSMENT OF BENEFITS
547.205
Appointment of engineer; duties; surveys; report; maps.
Within 30 days after organizing, the board of supervisors shall appoint a
competent civil engineer as chief engineer, who may be an individual,
partnership or corporation, and who shall engage such assistants as the board
of supervisors may approve. The chief engineer shall:
(1) Have control of the engineering work
in the district.
(2) Make all necessary surveys of the
lands within the boundary lines of the district, as described in the petition,
and of all lands adjacent thereto that may or will be improved or reclaimed in
part or in whole by any system of drainage or levees that may be outlined and
adopted.
(3) Make a report in writing to the board
of supervisors with maps and profiles of the surveys, which report shall
contain a plan for draining and reclaiming the lands described in the petition
or adjacent thereto from overflow of or damage by water, and which maps and
profiles shall indicate so far as necessary the physical characteristics of the
lands, and location of any public roads, railroads and other rights of way,
roadways and other property or improvements located on such lands.
547.210
Engineer’s report; adoption by supervisors; report constitutes “Plan for
Reclamation”; exclusion of lands not benefited; certain irrigated lands deemed
to be benefited. (1) The chief engineer shall
make a report in writing to the board of supervisors whenever the board
requires. Upon receipt of the final report of the engineer concerning surveys
made of the lands contained in the district, and plans for reclaiming the same,
the board shall adopt the report or any modification thereof approved by the
chief engineer. The adopted report shall be the plan for draining and
reclaiming such lands from overflow or damage by water, and shall be known and
designated as the “Plan for Reclamation.” The plan shall be filed with the
secretary of the board of supervisors and by the secretary copied into the
records of the district.
(2) Any lands included in the district,
which will not be reclaimed or benefited by the construction of the work as
specified in the plan for reclamation, may be excluded from the district by
order of the county court. Any charge billed to an owner of land so excluded
shall be refunded to the person paying the same. However, any irrigated lands
contributing to the wet, swamp or overflowed condition of any lands of the
district, the waste or seepage waters from which lands will be carried by and
disposed of through the works specified in the plan for reclamation, shall be
deemed benefited by the construction of the works as specified in the plan. [Amended
by 1991 c.459 §425e]
547.215
Commissioners; appointment; qualifications; quorum; continuing existence.
Upon adoption of the plan for reclamation, the county judge shall, by order,
appoint three commissioners (who shall not be landowners in the district nor of
kin within the fourth degree of consanguinity to any person owning land in the
district), one of whom shall be a civil engineer and two of whom shall be
freeholders residing within the state. A majority of the commissioners shall
constitute a quorum and shall control the action of the board on all questions.
Such commissioners shall constitute a body which shall continue in office and
may be convened at any time by the county court for the purpose of correcting
any errors, omissions or other mistakes that shall have been discovered in its
original report as the same may have been amended and supplemented from time to
time or for any other good cause shown. The court shall fill any vacancy
occurring in such body of commissioners by appointment of a person who has the
qualifications required by this section of the commissioner the person is to
replace. Whenever said body of commissioners has been reconvened by the court,
it shall thereafter make its report in response to the directions of the court
and such report when completed shall be subject to ORS 547.245, with reference
to a hearing thereon and a confirmation thereof by order or judgment of the
court before such supplemental report shall go into effect. [Amended by 1953
c.434 §2; 2003 c.576 §506]
547.220
Notice of appointment of commissioners; meeting; secretary of board of
supervisors to furnish certain information; oath; officers.
The county clerk upon the filing of the order of appointment shall notify each
commissioner of appointment by written or printed notice, and in the notice the
county clerk shall state the time and place for the first meeting of the
commissioners. The secretary of the board of supervisors shall attend the
meeting, and shall furnish the commissioners a complete list of all lands in
the district, and the names of the owners thereof, as were contained in the
petition, at the date of the judgment of the court incorporating the district.
The secretary shall also furnish the commissioners a copy of the plan for
reclamation, with maps and profiles in the office of the secretary. The
commissioners at the meeting, or within 10 days thereafter, shall each take and
subscribe to an oath that they will faithfully and impartially discharge their
duties as commissioners and make a true report of the work done by them. They
shall also at the meeting elect one of their own number chairperson. The
secretary of the board of supervisors shall be ex officio secretary of the
commissioners. [Amended by 2003 c.576 §507]
547.225
Assessment of benefits and damages by commissioners; report; compensation.
(1) Within 30 days after qualifying, the commissioners shall begin their
duties. The chief engineer shall accompany them at all times, and render an
opinion in writing when called for.
(2) The commissioners shall proceed to
view the premises and determine the value of all lands within or without the
district to be acquired and used for rights of way, holding basins or other
works set out in the plan for reclamation. They shall assess the amount of
benefits and the amount of damages, if any, that will accrue to each parcel of
land, including irrigated lands, irrigation ditches and canals which contribute
to the swampy, wet or overflowed condition of those lands, or any lands, public
highways, railroads and other rights of way, roadways and other property which
will be affected by the proposed reclamation work.
(3) For the purpose of determining
benefits under the provisions of this section, all irrigated lands having an
available water supply for irrigation that are adjacent to and on a higher
level than other lands within the district and which fall naturally within the
same watershed as the land within the district, shall be deemed contributing to
the wet, swampy or overflowed condition of the lands of the district, and shall
be deemed benefited by the construction of the works as specified in the plan
for reclamation.
(4) The commissioners shall give due
consideration and credit to any other drains, ditches, levees or other systems
of reclamation which already have been constructed and which afford partial or
complete protection to any tract or parcel of land in the new district.
(5) The public highways, railroads and
other rights of way, roadways and other property shall be assessed according to
the increased physical efficiency and decreased maintenance cost thereof by
reason of the protection to be derived from the proposed works and
improvements.
(6) The commissioners shall have no power
to change the plan for reclamation.
(7) The commissioners shall prepare a
report of their findings, which shall be signed by at least a majority of the
commissioners and filed in the office of the county clerk of the county in
which the district is organized. The secretary of the board of supervisors
shall accompany the commissioners while engaged in their duties, and shall
perform all clerical work of the board. The commissioners shall report to the
board of supervisors the number of days each was employed and the actual
expenses incurred. Each commissioner shall be paid $5 per day for services, and
necessary expenses in addition thereto.
547.230
Notice of report of commissioners; publication; form.
(1) Upon the filing of the report of the commissioners, the county clerk shall
give notice thereof by publication once a week for three consecutive weeks in
some newspaper published in each county in the district. It shall not be
necessary for the notice to name the parties interested. The notice shall be in
small type, in substantially the following form:
______________________________________________________________________________
Notice of Filing of Commissioners’
Report for
_____Drainage District
Notice is given to all persons interested
in the land included within the _____ drainage district, _____County (or
counties), Oregon, (here describe land or give boundaries of district) that the
commissioners heretofore appointed to assess benefits and damages to the
property and lands situate in the drainage district and to appraise the cash
value of the land necessary to be taken for rights of way, holding basins and
other works of the district within or without its limits, filed their report in
this office on the ___ day of______, 2___, and you are notified that you may
examine the report and file exceptions to all or any part thereof, on or before
the ___ day of_____, 2___. ____________ County
Clerk of _____ County, Oregon.
______________________________________________________________________________
(2) Where lands in different counties are
contained in the report, the notice shall be published in some newspaper in
each county in which the lands so affected are situated.
547.235
Exceptions to report or assessment; hearing by court; modifications;
transmission of judgment and report to supervisors and county clerks; appeal
from judgment. The drainage district or any owner of
land in the district may file exceptions to the report or to any assessment of
either benefits or damages, within 10 days after the last day of publication of
the notice provided for in ORS 547.230. All exceptions shall be heard by the
court and such amendments and modifications made to the report of the
commissioners as may in the court’s judgment be equitable. When it appears to
the satisfaction of the court, after having heard and determined all the
exceptions, that the estimated cost of the improvement contemplated in the plan
for reclamation is less than the benefits to be derived therefrom, the court
shall approve and confirm the commissioners’ report, as so amended and
modified. The county clerk shall transmit a certified copy of the judgment and
copy of the commissioners’ report, as confirmed or amended by the court, to the
secretary of the board of supervisors of the district and to the clerk of each
county having lands in the district, or affected by the report, where the same
shall become a permanent record. Each such county clerk shall receive a fee of
$3.75 for receiving, filing and preserving the same. Any person may appeal from
the judgment of the court. [Amended by 1971 c.621 §39; 1975 c.607 §42; 1979
c.833 §34; 1981 c.835 §16; 2003 c.576 §508]
547.240
Dissolution of district if cost exceeds benefits; obligations and expenses;
additional charges. If after determining the
objections made to the commissioners’ report, the court finds that the
estimated costs of works and improvements as reported by the commissioners, or
as amended by the court, exceed the estimated benefits, the court shall then
render a judgment, declaring the incorporation of the district to be dissolved
as soon as all costs incurred, which shall include court costs and all
obligations and expenses incurred in behalf of the district by the board of
supervisors, are paid. If the uniform charge made under ORS 547.140 is found
insufficient to pay all the costs, the board of supervisors shall make such
additional uniform charges as will be necessary to pay the deficiency. [Amended
by 1991 c.459 §425f; 2003 c.576 §509]
547.245
Reassessment of benefits. At any time after the expiration
of five years from the confirmation of the report of the commissioners, as
provided by ORS 547.235, and upon the filing of a petition with the county
clerk signed by at least one-tenth of the owners of the lands within the
drainage district or the owners of at least one-tenth of the lands within such
district, setting forth that the original assessments or benefits are
inequitable and unjust, the county court shall appoint three commissioners, as
provided by ORS 547.215, to reassess the benefits in the district. The
commissioners shall report the reassessment to the court. Upon the filing of
the report of the commissioners, the county clerk shall give notice of hearing
thereon by publication once a week for three consecutive weeks in some newspaper
published in each county in the district, the last insertion to be made at
least 15 days prior to the hearing. At least 10 days before the day set for
hearing, exceptions may be filed by any interested person, and upon hearing the
same the court shall approve the report or direct how it shall be modified and,
when so modified or approved, shall confirm it. The assessment as confirmed
shall take the place of all prior assessments; provided, that in no case shall
the total amount of assessments be less than the outstanding obligations. The
county clerk shall transmit a certified copy of the court’s judgment and copy
of the commissioners’ report, as confirmed or amended by the court, to the
secretary of the board of supervisors of the district and to the county clerk
of each county having lands in the district. [Amended by 2003 c.576 §510]
547.250
Changes in plan for reclamation; petition for amendment of plan; notice.
The board of supervisors shall have power to make any change in the plan for
reclamation by action of the board until such time as the commissioners have
filed their report. After that all changes shall be made as follows:
(1) The board of supervisors, for and in
behalf of the district, or the owners of land adjacent to the district, may file
a petition in the office of the clerk of the court which organized the
district, praying the court to amend its former judgment incorporating the
district, by correcting the names of landowners, by striking out any such
names, by adding, striking out or correcting the descriptions of any lands
within or alleged to be within the boundary lines of the district, or in any
other manner.
(2) The petition may ask permission of the
court to amend or change the plan for reclamation or to correct any errors,
omissions or other mistakes that have been discovered in the plan or may ask
that the boundary lines of the district be extended so as to include lands not
described by and included in the petition and judgment of the court
incorporating the district. However, in no case shall any lands be included in
the district other than the lands described in the original petition for the
creation of the district and in the judgment of the court incorporating it,
unless the persons shown by the records of the county to be the owners of not
less than 60 percent of the acreage sought to be brought within the boundary
lines of the district and not described in and included in the original
petition and judgment of the court incorporating such district, shall first
sign and file with the court a petition therefor.
(3) If the petition asks that the lines of
the district be in any manner changed, it shall also ask the court to appoint
three commissioners, as provided for under ORS 547.215, to appraise the land
that shall be taken for rights of way, holding basins, or other works, or
assess the benefits and damages to any lands, public highways, railroad and
other property already in the district, or that may be annexed to the district
by the proposed amendments and changes to the plan for reclamation or the
proposed change in the boundary lines. As soon as the petition is filed the
clerk of the court shall give notice in the manner and for the time provided
for in ORS 547.020, the notice to be substantially in the following form:
______________________________________________________________________________
Notice of Drainage Hearing.
To the owners and all persons interested
in the lands corporate and other property in and adjacent to _____ Drainage
District:
You are notified that (here state by whom
petition was filed) has filed in the office of the county clerk of _____
County, _____, a petition praying the county court for permission to (here
insert the prayer of the petition), and unless you show cause to the contrary
on or before the first day of the next term of the _____ County Court to
be held on the ___ day of _____, 2___, the prayer of the petition may
be granted.
____________
County Clerk of _____ County.
______________________________________________________________________________
[Amended by 2003 c.576 §511]
547.255
Objections to petition; findings; judgment; recording.
Any owner of land located in the district, or any owner of land located outside
of the district that will be affected by the proposed changes, amendments, and
corrections enumerated in the petition, may file objections to the granting of
the prayer of the petition, on or before the first day of the term of court at
which the petition is to be heard. The court shall hear the petition and all
objections filed against it in a summary manner and enter a judgment according
to its findings. The clerk of the court shall, within 15 days after the
granting of the judgment, transmit a certified copy of the judgment and of the
petition to the secretary of the board of supervisors, and to the recorder of
deeds of each county having land in the district. Each such recorder shall file
and preserve the same in the recorder’s office, for which the recorder shall
receive a fee of $3.75. [Amended by 1971 c.621 §40; 1975 c.607 §43; 1979 c.833 §35;
1981 c.835 §17; 2003 c.576 §512]
547.260
Appointment of commissioners when plan amended; subsequent proceedings; court
costs. (1) If the judgment of the court
provides that the plan for reclamation may be amended, changed or corrected or
the boundary lines of the district extended, the court shall appoint three
commissioners, possessing the same qualifications as the commissioners
appointed under ORS 547.215, to appraise property to be taken, assess benefits
and damages, and estimate the cost of improvements the same as is required of
commissioners acting under ORS 547.225. The commissioners shall make their
report in writing and file it with the county clerk, after which the case shall
be proceeded with in the same manner as is provided for the organization of
drainage districts.
(2) If the petition is dismissed the
district shall pay the cost; but if the petition is sustained in whole or in
part the objectors shall pay the court costs. [Amended by 2003 c.576 §513]
547.265
Amendment of plan where works or charge insufficient; additional charge.
Where the works set out in the plan for reclamation of any drainage district
are found insufficient to reclaim in whole or in part any or all of the land of
the district, the board of supervisors may formulate new or amended plans
containing new ditches, levees or other works, and additional assessments may
be made in conformity with the provisions of ORS 547.225, the same to be made
in proportion to the increased benefits accruing to the lands because of the
additional works. If it should be found at any time that the total of the
charges made under ORS 547.455 to 547.485 is insufficient to pay the cost of
works set out in the plan for reclamation or additional work done under this
section, the board of supervisors may impose an additional charge to provide
funds to complete the work, provided the total of all charges does not exceed
the total amount of benefits assessed. [Amended by 1991 c.459 §425g]
WORKS
AND IMPROVEMENTS OF DISTRICT
547.305
Entry on land; acquisition of property; water filings and appropriations;
condemnation of property devoted to public use; right of way across state
lands. (1) The officers and employees of any
drainage district shall have the right to:
(a) Enter upon any land in the manner
provided by ORS 35.220.
(b) Locate the necessary drainage or
irrigation works and the necessary branches for the same, on any lands that may
be deemed best for such location.
(c) Acquire, either by lease, purchase,
condemnation or other legal means, all lands, rights of way, easements and
other property necessary for the construction, operation or maintenance of any
drainage or irrigation works, including the enlargement, improvement or
extension of any natural or artificial waterway for such purposes.
(d) Make all necessary water filings or
appropriation of water under the general laws of Oregon for irrigation of lands
within such district.
(2) The property, the right to condemn
which is hereby given, shall include property already devoted to public use
that is less necessary than the use for which it is required by the district,
whether used for drainage, irrigation or any other purpose. The right of way is
hereby given, dedicated and set apart to locate, construct and maintain such
drainage or irrigation works over and through any of the lands that are now or
may be the property of this state.
(3) In the acquisition of property or
rights by condemnation, proceedings under the provisions of this section shall
be brought in the name of the district under the provisions of ORS chapter 35. [Amended
by 2003 c.477 §8]
547.310
Board authority regarding reclamation works; contracts; engineer’s duties.
(1) The board of supervisors shall have full power and authority to:
(a) Build, construct and complete any
works and improvements needed to carry out the plan of reclamation.
(b) In the name of the district, make all
necessary water filings and appropriations of water for the subsequent
irrigation of the lands within the district.
(c) Construct, operate and maintain
irrigation works for the irrigation of the lands within the district.
(d) Hire personnel and purchase machinery,
equipment and supplies.
(2) The board may after advertising for
bids, let a contract for construction of the whole or any part of the drainage
or irrigation works to the lowest responsible bidder, which contract shall be
in writing. The complete plans and specifications for the drainage or
irrigation of the lands shall be attached to and made a part of each contract.
Good and sufficient bond, running in favor of the district, shall be required
of each contractor, conditioned that the contractor will well and truly comply
with all the provisions of the contract and perform all work in accordance with
the terms thereof.
(3) The chief engineer shall be
superintendent of all the works and improvements and shall, whenever required,
and at least once each year, make a full report to the board of all work done
and improvements and make such suggestions and recommendations to the board as
the chief engineer deems proper. [Amended by 1989 c.182 §31]
547.315
Connecting existing improvements; procedure; connection with improvements
outside district. (1) At the time of the
construction in any district of the plan for reclamation, all ditches or
systems of drainage already constructed in the district and all watercourses
shall, if necessary to the drainage of any lands in the district, be connected
with and made a part of the works and improvements of the plan of drainage of the
district. But no ditches, drains or systems of drainage constructed in the
district shall be connected therewith, unless the consent of the board of
supervisors is first obtained. This consent shall be in writing and shall
particularly describe the method, terms and conditions of such connection, and
shall be approved by the chief engineer. The connections, if made, shall be in
strict accord with the method, terms and conditions laid down in the consent.
(2) If the landowners wishing to make such
connection are refused by the board of supervisors or decline to accept the
consent granted, such owners may file a petition for such connection in the
circuit court having jurisdiction in the district, and the matter in dispute
shall in a summary manner be decided by the court, whose decision shall be
final and binding on the district and landowners.
(3) No connection with the works or
improvements of the plan of drainage of the district or with any ditch, drain
or artificial drainage wholly within the district shall be made, caused or
effected by any landowner, company or corporation, municipal or private, by
means of or with any ditch, drain, cut, fill, roadbed, levee, embankment or
artificial drainage wholly without the limits of the district, unless such connection
is consented to by the board of supervisors, or in the manner hereinbefore
provided.
547.320
Powers of districts regarding irrigation works; bonds.
Whenever it appears necessary, proper or beneficial to irrigate any of the
lands within any drainage district, whether or not the drainage works have been
actually acquired or constructed, the district may cause irrigation reservoirs,
canals, ditches, and other works to be constructed, operated and maintained. To
this end the district shall in all respects have the same power and authority
as is conferred respecting drainage, and all powers conferred upon drainage
districts by ORS 547.305, 547.310, 547.355 and 547.360 with respect to drainage
shall be construed to include irrigation. However, any bonds issued solely for
irrigation purposes shall be known as “Irrigation bonds of _____ drainage
district.”
547.325
Powers of districts under 1,000 acres regarding domestic water supply.
(1) Any drainage district embracing less than 1,000 acres may:
(a) Within and adjacent to the district,
own, construct, install, contract to use and to receive service from, and buy
and sell, wells, reservoirs, pumps, pipelines and other equipment used to
supply water from wells for domestic purposes and for watering lawns and
gardens.
(b) Buy and sell, deliver, supply and
dispose of water for domestic purposes and for watering lawns and gardens, for
profit, to any person within the limits of such drainage district or adjacent
thereto.
(c) Fix and collect the rates and charges
therefor.
(2) The board of supervisors may act for
such district in exercising the power and authority herein provided.
CONTRACTS
WITH UNITED STATES FOR RECLAMATION
547.355
Contracts with United States for reclamation by drainage or irrigation authorized.
The board of supervisors of any drainage district, whenever it is determined by
the board that it is for the best interests of the district, may enter into a
contract with the United States for the reclamation by drainage or irrigation
of the lands within the boundaries of the district, under the provisions of the
Act of Congress of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof
and supplementary thereto, and especially the Act of Congress approved August
13, 1914, entitled, “An act extending the period of payment under reclamation
projects, and for other purposes,” commonly known as the “Twenty-Year Extension
Act.”
547.360
Payment of amounts due; assessments on lands; lien thereof; collection.
The board of supervisors of any drainage district shall provide by a
resolution, adopted at a regular meeting or at a special meeting called for
that purpose, for the payment of the amounts to become due under such contract
with the United States, according to the provisions of the contract, by assessment
upon the lands which are to be benefited by the drainage or irrigation. The
assessments shall be a lien upon the lands of the district to the same extent
as other assessments under the drainage laws of this state, and, except as
provided in ORS 547.492, shall be collected by the tax collector of the county
within which the lands are situated the same as other taxes are collected. [Amended
by 1991 c.459 §425h]
DISTRICTS
WEST OF CASCADES; CONSTRUCTION AND MAINTENANCE OF DITCHES
547.405
Districts west of Cascades; control of supervisors over improvements.
The boards of supervisors of all drainage districts lying west of the Cascade
Mountains, whether or not organized under the Drainage District Act, shall have
supervision and control of all drainage ditches, laterals, drains, canals,
sloughs, waterways or conduits within the boundaries of their districts and may
prescribe the width and grade thereof. They may construct and maintain ditches,
laterals, drains, canals, sloughs, waterways or conduits within the boundaries
of their districts.
547.410
Maintaining improvements; notice to owner or occupant of premises.
(1) Whenever the engineer or secretary of such a drainage district notifies the
supervisors that any ditch, lateral, drain, canal, slough, waterway or conduit
is less efficient, by reason of the failure of the owner of the premises upon
which it is situated to repair, clean or grade the same, the board of
supervisors shall serve or cause to be served upon such owner, if the owner is
known and residing within the county in which the district is situate, or if
not a resident of the county, then upon the occupant of the premises, a notice
in writing notifying the owner or occupant of the clogged or obstructed
condition of the ditch, lateral, drain, canal, slough, waterway or conduit.
(2) The notice shall be served by
delivering to the owner, occupant or person in charge of the premises a copy
thereof certified to be such by the person serving it, or if there is no
occupant or the owner is not a resident of the county, then the notice shall be
served by posting a copy of it in a conspicuous place upon the premises.
Immediately after serving or posting the notice, the person serving it, by
authority of the board of supervisors, shall file the original notice with the
county clerk of the county in which service is made, together with a return on
the notice stating the time and manner of making service. The notice and
return, when so filed, shall be retained as a public record of the county.
547.415
Failure of owner or occupant to act; maintenance by supervisors.
If the owner or occupant of the premises upon which the clogged or obstructed
ditch, lateral, drain, canal, slough, waterway or conduit is situated fails for
10 days after being notified of the existence of such clogged or obstructed
condition, to repair, clean or grade the ditch, lateral, drain, canal, slough,
waterway or conduit or remove the obstruction therefrom, the board of
supervisors shall immediately repair, clean or grade the same and cause it to
be promptly placed in a proper and efficient condition.
547.420
Liability for cost of work; notice of claim of lien; foreclosure; sale of land.
(1) Upon completion of the work the board of supervisors shall bill the owner
or occupant of the premises for the expense necessarily incurred in the repair,
grading or cleaning of the canal, ditch, lateral, drain, slough, waterway or
conduit.
(2) If any charge remains unpaid beyond
the due date thereof, the secretary of the district may file a notice of claim
of lien with the county clerk of the county in which the lands for which the
charges were billed are situated. The notice of lien shall be in writing and
must contain:
(a) The name of the landowner or occupier
who was billed.
(b) A statement of the amount claimed past
due.
(c) A description of the land upon which
the work was completed sufficient for identification.
(3) The county clerk shall cause the
notice of lien to be recorded in the County Clerk Lien Record maintained under
ORS 205.125. The amount of the charges and expense, as of the date the notice
of lien is filed, shall constitute a first lien upon the lands or premises,
except as to taxes. If the charges and expenses are not paid and the lien
discharged by the owner or occupant within 30 days from the date the notice is
filed, suit or action may be brought in the name of the drainage district for
the foreclosure of the lien. The suit or action shall be brought by the
district attorney, or, at the option of the board, by an attorney employed by
the board. The lands affected thereby shall be sold under execution for the
payment and satisfaction of the lien and of the costs and disbursements
incurred in connection with the prosecution of the suit or action. [Amended by
1991 c.459 §425i]
547.425
Prohibited practices. No person shall:
(1) Throw, dump or place or allow to be
thrown, dumped or placed, any rubbish, refuse or any article or thing in any
ditch, lateral, canal, slough, waterway or conduit used as a part of or in
connection with any drainage works or drainage plant or drainage system or any
waterway under the control of any drainage district lying west of the Cascade
Mountains; or
(2) Befoul or pollute or allow to be
befouled or polluted any such ditch, lateral, canal, slough, waterway or
conduit; or
(3) In any manner obstruct or permit to be
obstructed by stock any such waterway, canal, ditch, lateral, slough or
conduit.
547.430
Civil liability for expense of removal of filth or obstruction; recovery by
action. Any person who throws, dumps or places
or allows to be thrown, dumped or placed, any rubbish, refuse, or any article
or thing in any such ditch, lateral, canal, slough, waterway or conduit shall,
in addition to the penalty provided in ORS 547.990, also be liable to the owner
of the ditch, lateral, canal, slough, waterway or conduit, or other person or
district having control, charge or supervision of the same, for all expense
legitimately occasioned or incurred by such person or district in the removal
of any such rubbish, refuse or other article or thing or the prevention of such
befoulment or pollution, and for all damage that may be done or occasioned to
the ditch, lateral, canal, slough, waterway or conduit by reason of such
dumping, throwing or placing of the rubbish, refuse or article or thing, or the
befoulment or pollution. The sum may be recovered in a civil action brought in
the name of the person or district having control of or using the ditch,
lateral, canal, slough, waterway or conduit that was injured, damaged,
befouled, polluted or obstructed.
ASSESSMENTS,
CHARGES AND TAXES
547.455
Annual charge or assessment; computation; apportionment; liability of state
lands; payment of assessments by bonds, coupons or warrants.
(1) The board of supervisors shall each year make a computation of the whole
amount of money to be raised by the district through charges or assessments for
the ensuing year for any purposes whatsoever in carrying out the provisions of
the Drainage District Act, including maintenance and operation and estimated
delinquencies on charges or assessments. This amount when determined by the
board shall constitute an assessment upon all the land included in the district
and shall be apportioned by the board in accordance with the report of the
commissioners as confirmed or amended by the court as provided for in ORS
547.235.
(2) Any land owned by any person totaling
less than one acre shall be charged or assessed as one acre.
(3) Any land, the title to which is vested
in the state, or state lands sold under contract in any drainage district,
shall be subject to charge or taxation by the district, and the full amount of
the charge or assessment due against such lands shall be paid to the district
at the same times and in the same manner as other drainage district charges and
assessments are paid.
(4) The tax collector shall receive any
past due bond of the drainage district or any past due interest coupon from any
bond of the district in payment of any charge or assessment made for the
purpose of paying bonds or bond interest of the district, and shall receive in
payment of charges or assessments levied for operation and maintenance purposes
any warrants drawn upon the operation and maintenance fund, such warrants
received in payment of charges and assessments to be in order of issuance. [Amended
by 1953 c.446 §3; 1991 c.459 §425j]
547.460
County, city and town lands subject to taxation, assessment or charges.
Any land situated within a drainage district, the title to which is vested in
any county, city or town, shall be subject to taxation, assessment or charge by
the district. The full amount of taxes or assessments due against the land or
the full amount of charges imposed upon the county, city or town shall be paid
to the district at the same times and in the same manner as other drainage
district taxes, assessments or charges. [Amended by 1991 c.459 §425k]
547.465
Assessment or charge of low lands used for growing crops.
Whenever lands located in a drainage district which, because of their low elevation,
were not assessed benefits in accordance with ORS 547.225, are used for growing
crops, the board of supervisors may levy an annual assessment against the lands
or may impose a charge upon the owners of the lands for maintenance and
operation. The assessment or charge shall not exceed 100 percent of the rate
levied against assessed lands in the district, or imposed upon owners of land
in the district, having the lowest elevation. The charges or assessments shall
be collected in the same manner as other charges or assessments for maintenance
and operation in drainage districts are collected. [Amended by 1991 c.459 §425L]
547.470
Extra assessment or charge for lake drainage. When,
in the judgment of the board of supervisors of any drainage district, it is
deemed necessary or expedient to drain any lake, which entails extra or
additional work in excess of that required in the drainage of lands of higher
elevation and where the cost of maintenance and pumping to maintain drainage of
such lake will be in excess of that necessary for the reclamation and
maintenance of lands within the district other than such lake, an extra
assessment or charge for such additional work or a higher rate for such pumping
and maintenance may be charged and made against the lands, or owners or
occupants of the lands, covered by such lake, to the extent of the respective
additional benefits to such lands over lands of a higher elevation in the
district and benefited thereby. [Amended by 1991 c.459 §425m]
547.475
List of assessments and apportionments. The board of
supervisors shall prepare a list or record of assessments and apportionments,
giving the description of the ownership or holdings of each person therein
assessed, which shall be certified by the board in the manner provided in ORS
310.060 not later than June 15 of each year to the county assessor of each
county in which lands of the district are situated. The county assessor shall
enter the assessment upon the county assessor’s roll against the property
therein described, in the same manner as other municipal taxes are entered by
the county assessor. [Amended by 1963 c.168 §1; 1991 c.459 §425n]
547.480
Collection of tax; disposition. The
collection of the tax shall be coincident with collection of the state and
county tax, and shall be governed by the laws relating thereto, except that the
tax collector shall collect and account for the tax for operation and
maintenance separate from the taxes levied by the district for other purposes.
When paid to the county treasurer all taxes or assessments levied and collected
for operation and maintenance shall be carried in a fund to be known as the
operation and maintenance fund. All warrants issued in payment for operation
and maintenance, as provided in ORS 547.150, shall be drawn against and paid
out of this fund. The county treasurer shall make returns to the secretary of
the board of supervisors, and shall pay over and account for all moneys
collected thereon quarterly to the treasurer of the district. [Amended by 1973
c.305 §19]
547.482
Filing boundary change with county assessor and Department of Revenue.
For purposes of ad valorem taxation, a boundary change must be filed in final
approved form with the county assessor and the Department of Revenue as
provided in ORS 308.225. [2001 c.138 §42]
Note:
547.482 was added to and made a part of ORS chapter 547 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
547.485
Governing body of county to make assessment and levy upon failure of
supervisors to do so. In case of neglect or refusal of
the board of supervisors to cause such assessment and levy to be made, the
assessment and levy shall be made by the governing body of the county in which
the office of the board of supervisors is situated, sitting for the transaction
of county business, in the same manner that the court or board levies county
taxes. The levy and assessment shall contain the apportionments and description
of ownership holdings of each person assessed in the same manner as provided in
ORS 547.475 and shall be certified to the assessor not later than July 15 in
the manner provided in ORS 310.060. All expenses incident thereto shall be
borne by the district. The levy and assessment shall be entered on the county
tax roll by the county assessor in the manner provided in ORS 547.475. [Amended
by 1963 c.168 §2; 1991 c.459 §425o]
547.490
Waiver of penalty or interest by certain districts.
All drainage districts containing not more than 2,000 acres, organized under
the provisions of the Drainage District Act, may waive payment of penalty or
interest, or both, on district assessments. County tax collecting officers are
authorized to collect and receipt for assessments levied by any such drainage
district, waiving payment of penalty or interest, or both, when presented with
a certified copy of resolution or other action of the drainage district waiving
such payment.
547.492
Alternative charge or assessment method. (1) The board
of supervisors of a drainage district may provide by resolution for the
imposition, billing and collection of charges or assessments of the district in
the manner provided under ORS 545.482, 545.484, and 545.494 to 545.508 for
irrigation districts. The method of collecting district charges or assessments
authorized by this section shall be in lieu of the method provided for under
ORS 547.455 to 547.490.
(2) A resolution adopted under this
section may apply to charges or assessments for operation and maintenance,
repairs, bond or interest payments, payments due or to become due to the United
States under any contract of the district with the United States or other
expenses of the district.
(3) Where, in ORS 545.482, 545.484 and
545.494 to 545.508, the board or an officer of an irrigation district is
referred to, the corresponding board or officer of a drainage district shall
perform the required actions. [1985 c.803 §2; 1991 c.459 §425p]
547.495
Crops bound by lien; exceptions. All drainage
districts organized pursuant to the provisions of the Drainage District Act
shall have a lien on all crops grown on lands within such districts for that
portion of the annual charges or assessments, levied against the lands on which
the crops are grown, or imposed upon the owners or occupants of the land, that
are for maintenance and operation of such districts. This lien shall be prior
to every other lien, mortgage or encumbrance on the crop, except labor liens
now granted by the laws of Oregon and crop mortgages given by landowners in the
district to federal or state loaning agencies set up by the federal government
or the state to secure loans, the proceeds of which are used in the production
of crops of such landowners, provided such loaning agencies certify to the
districts that such loans cannot otherwise be made to the landowners. The lien
shall be in addition to any other lien securing the payment of maintenance and
operation charges or assessments, and shall be a continuing one and shall bind
the crops after, as well as before, they have been gathered; provided, that the
share of any tenant who has leased such lands on a share rent basis shall be
exempt from the lien to the extent of three-fourths of the entire crop. [Amended
by 1991 c.459 §425q]
547.500
Notice or claim of crop lien; filing; contents.
The board of supervisors of every drainage district which may elect to claim
the benefits of ORS 547.495 to 547.515 shall file with the county clerk of the
county in which the land is located, any time before the removal of the crop
upon which a lien is desired, a statement verified by the oath of the secretary
of the board or some person having knowledge of the facts, setting forth the
amount of that portion of the annual charges or assessments for maintenance and
operation levied against the land, or imposed upon the owners or occupants of
the land, on which the crop is grown and for which a lien is desired, with a
description of the land sufficient for identification, the name of the owner of
the crop, or reputed owner if known, and the name of the owner of the land on
which the crop is grown. [Amended by 1991 c.459 §425r]
547.505
Recording of crop lien claim by clerk; indexing.
The county clerk shall record the claim in a book kept for that purpose. The
record shall be indexed as the record of chattel mortgages is kept and indexed.
547.510
Form of crop lien claim; foreclosure. (1) A claim
for lien substantially in the following form shall be sufficient:
______________________________________________________________________________
NOTICE OF LIEN UPON CROPS
Notice is given that_____, a drainage
district organized under and pursuant to the provisions of ORS chapter 547,
claims a lien upon that certain crop of _____ growing on the following
described lands located in the drainage district in _____ County, Oregon:_____,
for that portion of the annual charges or assessments levied by the above-named
drainage district against lands, or owners or occupants of the lands, on which
the crop is growing, for maintenance and operation of the district, in the sum
of $___; that the name of the owner or reputed owner of the crop is_____; that
the owner of the land on which the crop is growing is_____; that no part of the
charge or assessment for which a lien herein is claimed has been paid, except $___;
and that there now is due and remaining unpaid thereon, after deducting all
just credits and offsets, the sum of $___.
____________,
Claimant.
State of
Oregon, )
) ss.
County )
of______ )
I, ____________, being first duly sworn,
on oath say that I am _____ of the drainage district named in the foregoing
claim, that I have personal knowledge of the facts therein set out; that I know
the contents thereof, and believe the same to be true.
____________
Subscribed and sworn to before me this ___
day of_____, 2___.
____________
Notary
Public for Oregon
(Seal) My commission expires________.
______________________________________________________________________________
(2) The lien so created may be foreclosed
in the manner provided in ORS 79.0601 to 79.0628. [Amended by 1961 c.726 §418;
1991 c.459 §425s; 2001 c.445 §176]
547.515
Removal of crops to another county; recording of notice in latter county;
rights of purchasers and mortgagees. When such
crops are removed from the county in which the notice of lien is recorded, the
lien shall be suspended as to subsequent purchasers and mortgagees thereof in
good faith and for a valuable consideration, from and after 30 days from the
time of such removal, unless within 30 days from the time of such removal the
notice of lien is recorded in the county to which the property is removed. The
lien shall remain suspended until the notice of lien is recorded in the county
to which the crop is removed; but shall be a lien upon the crop while it is in
any county in which the notice of the lien is recorded.
547.520
[Repealed by 1989 c.182 §49]
BONDS
OF DISTRICT
547.555
Bonds; issuance; interest; place of payment; maturities.
(1) The board of supervisors may, if in its judgment it seems best, and subject
to the approval of the electors of the district, issue bonds of the district
for any purpose necessary or convenient to carry out the provisions of the
Drainage District Act, including refunding of outstanding bonds, in
denominations of not less than $100, bearing interest from date at a rate
determined by the board, payable semiannually, to mature at annual intervals
within 40 years, commencing after a period of years not later than five years,
to be determined by the board of supervisors, both principal and interest being
payable at some convenient insured institution or trust company, as those terms
are defined in ORS 706.008, that is named in the bonds. Principal and interest,
including principal, interest and premium payments made to redeem bonds under
ORS 547.580, may be payable at the office of the treasurer of the district.
(2) The bonds shall be signed by the
president of the board, attested with the seal of the district and by the
signature of the secretary of the board. They may be issued so as to mature
serially in annual amounts so as to be approximately equal, principal and
interest, and may be issued so as to include a sum sufficient to pay the first
four years’ interest, or less, to accrue on the bonds. [Amended by 1969 c.694 §36;
1977 c.188 §8; 1983 c.740 §215; 1991 c.459 §425t; 1997 c.631 §490; 2001 c.215 §20]
547.560
Sale of bonds; procedure. The board of supervisors may
sell, from time to time, the bonds which have been authorized, in such
quantities as may be necessary and most advantageous. Before making any sale,
the board shall, at a meeting, by resolution, declare its intention to sell a
specified amount of bonds and the day, hour and place of such sale, and shall
cause notice thereof to be given by publication for at least 30 days in three
newspapers published in Oregon, one of which shall be a newspaper published in
the county in which the office of the board is situated, if there is a
newspaper published in that county, and in any other newspaper at its
discretion. The notice shall state that sealed proposals will be received by
the board of supervisors at its office for the purchase of bonds until the day
and hour named in the resolution. At the time appointed, the board shall open
the proposals and may reject any and all bids. After offering the bonds for
sale, if no satisfactory bid is received the board may use them for any purpose
for which the proceeds from the sale of bonds may be used, but the board shall
in no event sell or dispose of any of said bonds for less than 90 percent of
the face value thereof. Nothing in this section shall inhibit the district from
providing for the drainage of lands within the district, in units or portions,
from time to time.
547.565
Payment of bonds from assessments. The bonds and
the interest thereon and all obligations for the payment of money authorized
and incurred by such district shall be general obligations of the district and
shall be paid by the revenue derived from the annual assessments upon the real
property within the district. All the real property within the district shall
be liable to be assessed for such payments under and subject to the provisions
of ORS 547.455 to 547.485. [Amended by 1993 c.97 §18]
547.570
Bond proceeds; depository. (1) The treasurer shall account
for and pay over as required by law and as ordered by the board, any money
received by the treasurer on the sale of the bonds.
(2) If the board deems it more expedient,
the board may, by resolution, select some suitable bank or other depository as
temporary treasurer to receive the money derived from the sale of bonds, and to
hold and disburse the moneys on the orders of the board as the work progresses,
until the fund is exhausted or transferred to the treasurer by order of the
board of supervisors. [Amended by 1969 c.345 §15]
547.575
Bond fund account; general fund. The treasurer
shall keep a bond fund account into which shall be covered all moneys arising
from the sale of refunding bonds and sufficient money arising from assessment
and levy to meet the next installment of principal and interest upon the bonds
of the district. From the fund the treasurer shall pay the principal and
interest on bonds as they mature and the bonds and interest coupons are
presented. Moneys received from the sale of bonds other than refunding bonds,
and otherwise for the construction and acquisition of works and all other
moneys whatsoever shall be covered into a general fund from which shall be
defrayed all obligations of the district other than those in this section above
described.
547.580
Retirement of bonds before maturity; call provisions.
(1) After five years from the issuance of bonds, the board may direct the
district treasurer to redeem so much of the bonds not yet due as surplus funds
permit at the lowest value at which they may be offered for liquidation, or
call bonds at a premium of three percent. Notwithstanding anything contained in
ORS 547.555 to 547.580, the board may call for payment and retire before
maturity any bonds issued in accordance with ORS 547.555 to 547.580.
(2) Notice of intention to call bonds for
payment before maturity shall be given by the district board by publication in
a newspaper published and regularly circulated in the counties in which the
district lands lie, at least once a week for four successive weeks, beginning
not less than 90 days prior to an interest-paying period. The notice shall
state the number and amount of the bonds to be retired, the price to be paid,
and the date and place where the same are to be paid.
(3) Bonds shall be retired in numerical
order, and not otherwise. No bonds shall be retired under this section except
on a day when interest is payable by the terms of the bonds and on and after
the date named in the published notice. Interest on bonds described therein
shall cease after the date named in the published notice. [Amended by 1969
c.694 §39; 2001 c.215 §21]
FUNDING
AND REFUNDING OF DEBT UNDER 1909 ACT
547.605
Funding and refunding of debt; bonds; place of payment.
The board of trustees of any drainage or levee district having an outstanding
indebtedness of not less than $3 per acre for each acre of land included in the
district, evidenced by bonds or warrants of the district, may, if the board
considers it for the best interests of the district, fund or refund the same or
any part thereof and issue bonds of the district therefor in sums of not less
than $100 nor more than $1,000, each having not more than 20 years to run, and
bearing a rate of interest determined by the board of trustees, payable
semiannually. Both principal and interest may be made payable at a place named
by the board. The bonds shall be negotiable in a form to be selected by the
board of trustees, numbered consecutively, signed by the president of the board
and countersigned by the clerk of the county in which payable, who shall
thereto affix the official seal. Interest coupons shall be attached to each
bond. The bonds shall then be delivered to the treasurer of the district, who
shall stand charged upon the official bond for all bonds delivered to the
treasurer and the proceeds thereof. [Amended by 1969 c.694 §40; 1977 c.188 §9;
1981 c.94 §46; 2001 c.215 §22]
547.610
Sale or exchange of bonds; application of proceeds; cancellation of retired
obligations; record of transactions. (1) The board
of trustees shall sell or exchange the bonds so issued, on the best available
terms, for any legal indebtedness of the district. If the sale is made for
money, the proceeds shall be applied to the payment of liabilities existing
against the district at that time. When the bonds are exchanged for bonds or
warrants or other legal evidence of district indebtedness, the district
treasurer shall at once cancel the evidence of indebtedness by indorsing
thereon the amount for which they were received, the word “canceled” and the
date of cancellation.
(2) The district treasurer shall keep a
record of all bonds issued, sold or exchanged under subsection (1) of this
section by number, date of issuance, date of sale, amount, date of maturity,
rate of interest, the name and post-office address of the purchaser, and if
exchanged, what evidence of indebtedness was received therefor. This record
shall be open at all times for public inspection. [Amended by 1969 c.694 §41;
2001 c.215 §23]
547.615
Tax for payment of interest and principal; sinking fund.
The board of trustees shall cause to be assessed and levied each year upon the
assessable property of the district, in addition to the levy authorized for
other purposes, a sufficient sum to pay the interest on outstanding bonds issued
in conformity with the provisions of ORS 547.605 to 547.620, accruing before
the next annual levy, and such proportion of the principal as in their judgment
will be for the best interests of the district, to create and raise a sinking
fund to retire the bonds and to be used for no other purpose whatever. [Amended
by 1969 c.694 §42; 2001 c.215 §24]
547.620
Retirement of outstanding bonds; notice to bondholders to submit propositions; premium;
calling of bonds. (1) Whenever there is in the
sinking fund a surplus of $500 or more, over and above the interest maturing
before the next levy, the district treasurer shall give notice for two weeks in
one or more newspapers of general circulation printed and published in the
county in which the district was first organized. The notice shall state the
amount of such surplus and that on the day and hour named in the notice, sealed
propositions will be received at the office of the district treasurer for
surrender of bonds of the district.
(2) The district treasurer shall, at the
time and place named, open the propositions and accept the lowest bid. However,
no bid shall be accepted for an amount exceeding the par value of the bonds
with accrued interest thereon and seven percent premium. If bids are not
offered at that figure, or less, sufficient to exhaust the amount of surplus on
hand, the board of trustees may then call in any bonds of the district, giving
the numbers thereof in the exact order of their issuance beginning with the
lowest or first number, and redeem the same at par value and five percent
premium with accrued interest to date of such recall. Thereafter interest
thereon ceases and the amount due shall be set aside for payment of the bonds
whenever presented. [Amended by 1969 c.694 §43; 2001 c.215 §25]
ALTERNATIVE
METHOD OF REFUNDING INDEBTEDNESS OR ISSUING BONDS
547.655
Authority to adopt alternative procedure. Any
drainage district desiring to refund its outstanding indebtedness or issue
bonds for any purposes may, in lieu of the procedure otherwise provided by law,
elect to adopt the procedure provided by ORS 547.660 to 547.695.
547.660
Exchange of refunding bonds for outstanding indebtedness.
The board of supervisors of any drainage district desiring to issue refunding
bonds to replace or in satisfaction or discharge of any outstanding
indebtedness may exchange such refunding bonds for the outstanding indebtedness
in full compromise, satisfaction and discharge thereof, and shall issue the
bonds in such denominations and in such amounts to the several holders of the
indebtedness as may be found expedient and necessary in funding or refunding
the indebtedness. The bonds may be serial, on the level payment plan or each of
the bonds may be amortized, as the board of supervisors may by resolution determine.
When the bonds so issued do not exceed in principal and rate of interest the
indebtedness to be satisfied and for which the bonds are to be exchanged, it
shall not be necessary for the board of supervisors to advertise their sale or
to offer them at public sale.
547.665
Numbering; maturities; negotiability; interest; place of payment;
denominations; execution; registration; authority to retire bonds.
(1) The bonds shall be numbered consecutively, beginning with number 1 and
following in numerical order. They shall mature in the manner provided by ORS
547.660, in annual amounts of principal and interest approximately equal, in
not less than five nor more than 40 years from the date of issue, as the board
of supervisors may determine. They shall be negotiable in form. The bonds shall
bear interest at a rate determined by the board, payable annually or
semiannually on dates determined by the board. Payment of principal and
interest shall be at the place designated in the bonds and coupons. The bonds, except
as otherwise provided in ORS 547.655 to 547.695, shall be each of the
denomination of not less than $100 nor more than $1,000, shall be signed by the
president and secretary, and the seal of the board of supervisors shall be
affixed thereto.
(2) Each bond shall bear on its back the
registration certificate of the treasurer of the district. Coupons for interest
or for interest and principal, as the case may be, shall be attached to each
bond and shall bear the facsimile signature of the secretary of the district.
The district treasurer shall register the bonds in a book kept in the office of
the treasurer for that purpose, in which shall be stated the number, date of
issue and of sale, amount of the bond, time and place of payment, rate of
interest, number of coupons attached, and any other description proper for
future identification of each bond. However, the board of supervisors may call
for payment and retire before maturity any bonds issued in accordance with ORS
547.655 to 547.695, on payment of the principal remaining unpaid at the date of
call, together with earned interest to and including the date of the call for
payment.
(3) The board of supervisors may stipulate
that during the first period of the bond term, not exceeding five years, there shall
be no payment of principal or interest. [Amended by 1969 c.694 §44; 1981 c.94 §47;
2001 c.215 §26]
547.670
Offer by holders of indebtedness to surrender evidences thereof or accept
proportional payment; sale of bonds; notice; publication.
(1) Before authorizing the issuance of such bonds, the board of supervisors
shall require that the known holders, or their representatives, of all
evidences of indebtedness to be refunded, shall submit to the board for its
acceptance an offer to deliver and surrender all such evidences of indebtedness
in exchange for bonds not exceeding the amount of the claim or debt owned by
such creditor, or in lieu thereof, to accept in full payment of all such
outstanding indebtedness so held by any such creditor a sum of money
representing the proportion which the proposed refunding bond issue shall bear
to the total outstanding indebtedness proposed to be refunded, compromised,
satisfied and discharged, based on the par value of such proposed refunding
bonds; the creditors and owners of the indebtedness to agree to absorb the loss
between the amount of the outstanding indebtedness to be refunded and the
amount of the refunding bonds at par and to receive such refunding bonds in
full payment, satisfaction and discharge of the outstanding indebtedness.
(2) The offer shall be in writing and
shall, upon being submitted to the board, be irrevocable until such time as the
board, under ORS 547.655 to 547.695, has a reasonable opportunity to issue,
sell and deliver such refunding bonds to replace and discharge the outstanding
indebtedness on acceptance of the offer; provided, that the offer shall not be
revoked while any suit, action or proceeding involving the issuance, sale or
delivery of such refunding bonds is in process of determination nor until a
reasonable time after the final determination of such suit, action or
proceeding.
(3) When authorized by a majority vote of
the electors of the district, the exchange may be made on a basis of less than
par for the refunding bonds, in which event the board of supervisors shall, in
its resolution declaring its intention to sell the refunding bonds, also
require the secretary of the board to give notice of the proposed sale by
publication thereof for four consecutive weeks in three newspapers within the
state, one of which shall be in the county in which the district is situated.
547.675
Lien on land assessed for bond payment. (1) Upon
delivery of the bonds, the secretary of the district shall furnish to the
county clerk of each county in which lands of the district are situated:
(a) A certified copy of the resolution of
the board authorizing the bonds, of the resolution of the board fixing the
annual per acre payments to be made in payment of the principal and interest of
the bonds, and of the district treasurer’s registration record;
(b) A certified statement of the lands
within the district liable under the bonds, described in subdivisions of 40
acres except where the individual ownership thereof requires a description in
lesser subdivisions or by metes and bounds or by calls; and
(c) A certified statement of the total
amount of refunding bonds charged against each parcel of land, the amount of
the annual payment thereof, the date of payment and the rate of interest.
(2) The county clerk shall record such
information in a book to be provided by the county clerk for that purpose,
which shall then be a bond lien docket of the drainage district for the lands
of the district within the county and shall constitute the total of such
charges or assessments and the maximum of the lien against the lands by reason
of the bonds. This sum shall not be increased or enlarged by any subsequent
assessment because of any delinquencies in payment of the bond lien and
interest charge against any other tract or parcel of land in the district.
Unpaid annual assessments or charges docketed therein shall bear interest at
the rate of six percent per annum. All unpaid annual payments, principal and
interest, shall remain a lien on the tract or parcel of land in favor of the
district and shall have priority over all other liens and encumbrances except
the lien of state, county and municipal taxes.
(3) Any time after issuance of the bonds,
the owner of any tract or parcel of land may relieve the tract or parcel of the
lien by paying to the county clerk, for the benefit of the district, the amount
of the principal and interest remaining unpaid thereon. The clerk shall
thereupon pay the money over to the district treasurer to be credited to the
district’s bond fund. The clerk shall note on the bond lien record the fact of
such payment and of the satisfaction and discharge of the lien. Upon such
payment of the lien on any tract or parcel of land, the tract or parcel shall
forever thereafter be relieved from taxation or assessment for the payment of
the bonds or of any bonds issued to refund the bonds, except for such
assessment or charge as may be levied by the board of supervisors to create an
emergency fund, as provided in ORS 547.680.
(4) The collector of the district’s
assessment and taxes shall receive any past due bond of the district or any
past due coupon on any bond of the district in payment of any of the charges
and payments referred to in this section.
(5) The lien of the annual payments or
charges shall be foreclosed as other drainage district liens are foreclosed. [Amended
by 1969 c.694 §45; 2001 c.215 §27]
547.680
Emergency fund; assessments for; use of. (1) In
addition to the annual payments for retirement of the bonds, the board of
supervisors shall, during the first five years after the issuance of the
refunding bonds, levy an annual assessment of 20 cents per acre upon each acre
within the district. Thereafter, whenever there is any default in payment of
any assessment levied by the district or in any of the annual payments referred
to in ORS 547.675, the board shall levy an assessment of not to exceed 20 cents
per acre, which shall be the same upon each acre within the district and shall
be levied and collected at the time and in the manner provided by ORS 547.455
to 547.485.
(2) All moneys received from such
assessments shall be placed by the treasurer of the district in a special fund
designated “Emergency Fund.” The emergency fund shall be used only to the
extent of not to exceed 10 cents per acre per annum, for supplementing the bond
fund in case of deficiency due to accident, delinquency or other contingencies.
The emergency fund shall be disbursed by the treasurer upon order of the board
of supervisors. [Amended by 1997 c.170 §53]
547.685
Retirement of bonds before maturity; notice of call; date of payment; cessation
of interest. Notice of the call of bonds before
maturity shall be given in the manner provided for retirement of irrigation
district bonds before maturity. No bond issued under ORS 547.655 to 547.695
shall be called for payment before maturity except upon the day for payment of
interest, or interest and principal, on the bond and on or after the day
specified in the notice of call. All interest on bonds described in the notice
shall cease after the day of the call, provided that on that date there are
sufficient funds in the bond fund of the district to pay the call bonds.
547.690
Judicial confirmation. Bonds authorized and issued
under ORS 547.655 to 547.685 may be confirmed by a court of competent
jurisdiction in the manner provided by ORS 548.105 to 548.115.
547.695
Sale of lands for delinquent charges; district as purchaser; resale; payment of
proceeds into emergency fund; district to bid at tax sale.
The district shall appear as a bidder at the sale of any lands for delinquent
annual charges or assessments made under ORS 547.655 to 547.690 or any other
statute, and may purchase and take title to the lands and thereafter dispose of
the same. On any sale by the district of lands so purchased, the proceeds,
after payment of the expenses thereof, shall be paid into the emergency fund.
At any tax sale where there is no other bidder, the district shall bid the full
acreage of the tract or parcel of land for the amount of the delinquency,
penalty and interest; provided, the district shall never bid less than the full
acreage of the tract or parcel of land against the amount of the delinquency
penalty.
547.697
Bond fund separate from district general fund; deposits to bond fund and district
general fund; expenditures from bond fund and district general fund.
(1) The district treasurer shall deposit all money arising from the sale of
refunding bonds, and sufficient money arising from assessment and levy to meet
the next installment of principal and interest on the bonds of the district, in
a bond fund separate from its general fund. From the bond fund the treasurer
shall pay the principal on bonds as they mature and the interest when the
coupons are presented.
(2) Except as otherwise provided by
subsection (1) of this section, all money received by the district, including
money from the sale of bonds other than refunding bonds and for the
construction and acquisition of works, shall be credited to a general fund. The
district treasurer shall use the general fund to pay all obligations of the
district other than those described by subsection (1) of this section. [1969
c.694 §38; 2001 c.215 §28]
WITHDRAWAL
547.755
Part of district annexed to city to be withdrawn from district only by consent
of voters. No part of a drainage district annexed
to a city shall be withdrawn from the district, except upon the consent of the
voters of that part of the district. The votes shall be counted in the same
manner as in elections for officers of the district. If three-fourths of those
voting in that part of the district favor withdrawal from the district the
withdrawal is effective, subject to ORS 222.520 (2), ORS 222.528 and 222.560
relating to division of assets and liabilities upon withdrawal from sanitary
districts. [Amended by 1963 c.419 §1]
547.760
[Amended by 1955 c.359 §1; repealed by 1973 c.415 §14]
PENALTIES
547.990
Penalties. Violation of ORS 547.425 is a Class C
misdemeanor. [Amended by 2011 c.597 §229]
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