Chapter 553 — Water
Control Districts
2011 EDITION
WATER CONTROL DISTRICTS
WATER LAWS
GENERAL PROVISIONS
553.010 Definitions
ORGANIZATION AND POWERS OF DISTRICT
553.020 Creation
of water control districts; purposes; limits
553.035 Application
of election laws
553.070 Boundary
change; consent
553.090 Nature
and powers of district
553.095 Entry
upon land; notice
553.105 Districts
coterminous with 1969 districts; abolishment of existing districts
553.107 Effect
of creation of districts under ORS 553.105
553.110 Vested
water rights; inclusion of land in district or assessment; consent
GOVERNING BODY
553.210 Election
of directors; qualifications; terms; vacancies; change in number of directors
553.220 Organization
meeting; officers; duties; meetings
553.230 Powers
and duties of board
553.240 County
court as governing body
553.250 Authority
to acquire and dispose of water works; sale of water
553.270 Procedure
on condemnation; property subject to and exempted from condemnation
553.280 Undertaking
prior to entry as part of condemnation proceedings
553.290 Possession
of land after commencement of proceedings
CONSTRUCTION OF WORKS IN SUBDISTRICTS;
DETERMINATION OF BENEFITS
553.310 Creation
of subdistrict; change in subdistrict boundaries; procedure
553.320 Engineering
plan; notice of completion; inspection; hearing; changes in plan; approval;
rejection upon objections of landowners
553.330 Assessment
for cost of works
553.340 Determination
of benefits; board of appraisers; exception
553.350 Assessment
of benefits and damages by appraisers; benefits less than costs; recommendation
to amend engineering plan; final report and certificate
553.360 Hearing
on report of appraisers; exceptions; entry of order; appeal
553.370 Reappraisal
after construction of works; when authorized
553.380 Reduction
of benefits
ASSESSMENTS; CLAIMS; EQUALIZATION
553.510 Special
assessments
553.520 Apportioning
assessments; adjustment of benefits
553.530 Disposition
of funds received
553.535 Collection
of charges and assessments by resolution of board
553.540 Assessments
to be levied by order of board; filing copy thereof; notice; lien; time for
payment; interest
553.550 Loans;
assignment of assessments as security for
553.560 Foreclosure
of assessment; procedure; district may bid and purchase; deed; right of
redemption
553.570 Withdrawal
of land from foreclosure sale; payment of lien, taxes and proportion of costs
553.580 Payment
of state and county taxes by district
553.585 Claims;
presentation; payment
BONDS
553.610 Assessments
or taxes upon bond issue
553.615 Assessments
by order of board
553.620 Ad
valorem tax in lieu of assessment
553.623 Filing
boundary change with county assessor and Department of Revenue
553.625 Levy
and collection of tax authorized by ORS 553.620
553.630 Terms
and conditions of bonds; bond register
553.635 Contract
provisions for payment of government construction charges
553.640 Sale
of bonds; cancellation
553.643 Bond
given for federal loan; form; terms
553.645 Payment
from annual taxes and assessments of bond-related amounts due government
553.650 Property
liable for indebtedness of district
553.655 Bond
elections in subdistricts
553.660 Tax
or assessment as lien on property
553.665 Bond
Fund; Bond and United States Contract Fund; Construction Fund; General Fund
553.670 Process
for issuance of bonds
CONTRACTS WITH OTHER GOVERNMENTAL UNITS
FOR CONSTRUCTION OF WORKS
553.710 Intergovernmental
agreements; levy of tax to meet obligations
553.720 Manner
of collecting tax; budget; equalizing levy
553.730 Limitation
on tax levy
553.740 Issuance
of warrants
553.750 Loan
contracts with state or federal agencies; obligation of district; recording
certificates
553.760 When
land benefited by irrigation project
APPEALS
553.815 Judicial
review of tax or assessment
DISSOLUTION
553.850 Dissolution
upon majority vote
GENERAL PROVISIONS
553.010 Definitions.
As used in this chapter, except where the context clearly indicates a different
meaning:
(1)
“Board” means the board of directors of a water control district created under
the provisions of this chapter.
(2)
“District” means a water control district created under this chapter.
(3)
“Court” means the county court having jurisdiction over a water control
district and includes the board of county commissioners.
(4)
“Land” or “tract of land” means real property, together with improvements
thereon, whether publicly or privately owned, within a district.
(5)
“Landowner,” “owner,” “owner of land” and “owner in fee” are synonymous and
mean a person, public body as defined in ORS 174.109, or the federal government
or any agency thereof, owning a tract of land situated within a district, or
within the boundaries of a proposed district. The vendee named in a bona fide
contract of sale of a tract of land situated within a district shall be
considered as a landowner to the exclusion of the vendor. Whenever two or more
persons own a tract of land as tenants in common or by entirety, each such
person shall be regarded as a landowner. The guardian, administrator or
executor authorized to act as such of a person or estate owning land within a
district shall be considered a landowner.
(6)
“Works” means dams, storage reservoirs, canals, ditches, dikes, levees,
revetments, and all other structures, facilities, improvements and property
necessary or convenient for draining land, controlling flood or surface waters,
or supplying lands with water for irrigation, domestic or other purposes.
(7)
“Notice by publication” means the giving of notice by publication in a
newspaper defined as a legal publication under the laws of Oregon in each
county in which lands within a district are located. A notice of a hearing to
be held before the board of a district or the court shall be published once
each week for four consecutive weeks making four publications and the last
publication of such notice shall be at least 10 days before the date set for
the hearing. All other notices required to be published under the provisions of
this chapter shall be published once each week for two consecutive weeks making
two publications, and the last publication shall be at least five days before
the date of the event for which the notice is given. This subsection does not
apply to provision of notice for an election.
(8)
“Engineering plan” means the plans and specifications for the works to be
constructed or purchased within any subdistrict, including such maps, profiles,
plans and other data as may be necessary to set forth the location, character
of the work, the property benefited, taken or damaged, showing any and all
rights of way or other property which may be required for the construction of
any works, together with the estimates of the cost of the works and an estimate
of the benefits and damages which will accrue to each tract of land within a
subdistrict upon the construction or purchase of the works. A project work plan
prepared for a subdistrict in cooperation with a soil and water conservation
district may be adopted as the engineering plan, even though such project work
plan is not the final construction plan, and does not give an estimate of the
benefits and damages which will accrue to each tract.
(9)
“Apportion” means to determine the proportionate share of any assessment which
is to be borne by a tract of land subject to assessment or to determine the
proportionate share of any charge which is to be borne by the owner or occupant
of a tract of land. The determination shall be made by calculating the
percentage ratio of the appraised benefits of a tract of land to the total
appraised benefits accruing to all tracts of land, or owners and occupants
thereof, subject to the assessment or charge and allocating to the tracts of
land, or owners and occupants, the same percentage of the total sum of money to
be raised by the assessment or charge.
(10)
“New assessed valuation” means the assessed valuation of a tract of land as
assessed by the county assessor for the county in which the land is located for
the year in which an adjustment of benefits is made by a district.
(11)
“Original appraised benefits” means the benefits determined to accrue to a
tract of land by an appraisal.
(12)
“Original assessed valuation” means the assessed valuation of a tract of land
as assessed by the county assessor for the county in which the land is located
for the year in which the original benefits were determined.
(13)
“Record” means to file a document for recording with the county clerk of each
county in which the lands within a district or subdistrict are located. [Amended
by 1961 c.186 §4; 1965 c.623 §1; 1969 c.691 §1; 1983 c.83 §102; 1983 c.350 §307;
1991 c.459 §430c; 2003 c.802 §138]
ORGANIZATION AND POWERS OF DISTRICT
553.020 Creation of water control districts;
purposes; limits. (1) Water control districts may
be created as provided in this chapter for the purpose of acquiring,
purchasing, constructing, improving, operating and maintaining drainage,
irrigation, and flood and surface water control works in order to prevent
damage and destruction of life and property by floods, to improve the
agricultural and other uses of lands, and to improve the public health, welfare
and safety.
(2)
A water control district, organized for one or more of the purposes provided by
subsection (1) of this section, may also acquire, purchase, construct, improve,
operate and maintain works and facilities for the secondary purposes of
domestic, municipal and industrial water, recreation, wildlife, fish life and
water quality enhancement. However, a water control district may not be created
solely for one or more of the purposes provided by this subsection. [Amended by
1969 c.691 §2]
553.030
[Amended by 1965 c.623 §2; repealed by 1971 c.727 §203]
553.035 Application of election laws.
(1) ORS chapter 255 governs the following:
(a)
The nomination and election of directors of the district board.
(b)
The conduct of district elections.
(2)
The electors of a district may exercise the powers of the initiative and
referendum regarding a district measure, in accordance with ORS 255.135 to
255.205.
(3)
A person may vote in a district election only if the person is an elector
registered in the district. However, in any district in which there are no
electors registered in the district and the property is used for business,
industrial or farming purposes and is nonresidential in character, all owners
of property located within the district may vote, and the authorized officer or
representative of any corporation owning land in the district may vote for the
corporation landowner. [1983 c.350 §311]
553.040 [Amended
by 1965 c.623 §2a; repealed by 1971 c.727 §203]
553.050
[Repealed by 1971 c.727 §203]
553.060
[Amended by 1965 c.623 §3; repealed by 1971 c.727 §203]
553.065 [1965
c.623 §8a; 1969 c.691 §3; repealed by 1971 c.727 §203]
553.070 Boundary change; consent.
If any contract has been entered into between the district and the United
States or the State of Oregon or any agency of either of them, or if the
district has contracted to purchase any existing works and the purchase price
has not been paid in full, no change shall be made in the boundaries of the
district without the written consent of such contracting agency or the vendor
of such existing works. [Amended by 1965 c.623 §4; 1971 c.727 §170]
553.080
[Amended by 1959 c.71 §1; 1967 c.609 §12; 1969 c.691 §3a; repealed by 1971
c.647 §149]
553.090 Nature and powers of district.
A water control district formed under the provisions of this chapter has full
power to carry out the objects of its creation and to that end may:
(1)
Have and use a seal.
(2)
Have perpetual succession.
(3)
Sue and be sued in its own name.
(4)
Acquire by condemnation, purchase, devise, gift or voluntary grant real and
personal property or any interest therein, located inside or outside of the
boundaries of the district.
(5)
Enter into intergovernmental agreements under ORS chapter 190 for the
construction, preservation, improvement, operation or maintenance of any works.
(6)
Build, construct, purchase, improve, operate and maintain, subject to other
applicable provisions of law, all works and improvements necessary or desirable
under any engineering plan adopted by the district.
(7)
Enter into contracts and employ agents, engineers and attorneys.
(8)
Appropriate and acquire water and water rights and sell, lease and deliver
water for irrigation and other purposes both inside and outside the district.
(9)
Create special assessment districts, hereinafter referred to as subdistricts,
for the purpose of levying assessments against lands benefited by works
constructed by the district or ad valorem taxes on all taxable property within
the subdistrict.
(10)
Levy assessments against lands benefited by works constructed by the district
or, in lieu of all assessments provided for by ORS 553.510 (2), (3) and (4),
levy ad valorem taxes on all taxable property within the subdistrict in order
to provide funds for the construction, purchase, improvement, operation or
maintenance of such works.
(11)
Borrow money and issue notes, bonds, and other indebtedness secured by mortgage
liens, pledge of special assessments as provided in ORS 553.510, or pledge of
other income or revenue of the district, or any combination thereof.
(12)
In addition to or in lieu of the levy of assessments against the lands of the
district, impose and collect service charges upon the owners or occupants of
the property served by the works of the district and impose and collect user
charges, fees and tolls for use of the works, facilities and services of the
district.
(13)
Do such other acts or things as may be necessary for the proper exercise of the
powers herein granted. [Amended by 1965 c.623 §5; 1991 c.459 §430d; 2003 c.802 §139]
553.095 Entry upon land; notice.
The board of directors, its officers, agents or employees shall have the right
to enter upon any land to make surveys for the purposes of the district, upon
giving the owners of such land notice of any such surveys reasonably in advance
thereof. [1965 c.623 §9]
553.100
[Repealed by 1975 c.326 §5]
553.105 Districts coterminous with 1969
districts; abolishment of existing districts. (1)
There hereby is created a water control district territorially coterminous with
each water control district existing on June 16, 1969, if such district was at
that time a valid district but for the fact that its electorate was restricted
to property owners. In determining the boundaries of districts created by this
subsection, full effect shall be given to annexations, withdrawals and
consolidations effected by districts prior to June 16, 1969, under this chapter
or other statutes authorizing or purporting to authorize such action.
(2)
Water control districts territorially coterminous with the districts created by
subsection (1) of this section hereby are abolished.
(3)
Water control districts created by this section shall be governed by this
chapter. [1969 c.691 §16]
553.107 Effect of creation of districts
under ORS 553.105. Each water control district
created by ORS 553.105 shall in all respects succeed to and replace the
territorially coterminous water control district abolished by ORS 553.105.
Without limiting the foregoing:
(1)
A successor district is:
(a)
The owner of the property of the succeeded district, including real property
and funds on deposit with the county treasurer or banks.
(b)
Successor party to the contracts of the succeeded district.
(c)
Successor party to the court proceedings of the succeeded district.
(d)
Successor obligor on the indebtedness of the succeeded district.
(2)
The directors and officers of the succeeded district are the directors and
officers of the successor district. Each director and officer shall hold office
for a term equal to the term of office in the succeeded district. [1969 c.691 §17]
553.110 Vested water rights; inclusion of
land in district or assessment; consent. (1) This
chapter shall not be construed to affect, amend or repeal any other law of
Oregon or to affect or impair the vested rights of any person or public body as
defined in ORS 174.109, to the use of water or rights in the use of water.
(2)
No lands located within the boundaries of any city, irrigation district or
drainage district shall be included within the boundaries of a water control
district without the consent of the city or district.
(3)
No lands publicly owned and no lands of any railroad, public utility or
telecommunications utility shall be assessed without the consent of the owner
thereof. [Amended by 1987 c.447 §133; 2003 c.802 §140]
GOVERNING BODY
553.210 Election of directors;
qualifications; terms; vacancies; change in number of directors.
(1) The electors of a district shall elect a board of directors whose number
shall be fixed at five, seven or nine by the county court during formation
proceedings. Directors shall be owners of land within the district and subject
to the current charges and assessments of the district. The directors need not
reside within the district.
(2)
Each director shall be elected for a term of four years, commencing July 1,
except the directors elected at the first election immediately following
creation of the district. The directors first elected shall determine their
terms by lot as follows:
(a)
If there are nine directors, the terms of four shall expire June 30 next
following the first regular district election and the terms of five shall
expire June 30 next following the second regular district election.
(b)
If there are seven directors, the terms of three shall expire June 30 next
following the first regular district election and the terms of four shall
expire on June 30 next following the second regular district election.
(c)
If there are five directors, the terms of two shall expire June 30 next
following the first regular district election and the terms of three shall
expire June 30 next following the second regular district election.
(3)
The board of directors shall fill any vacancy on the board as provided in ORS
198.320.
(4)
The board of directors or 10 or more landowners may petition the county court
to change the number of directors on the board of directors. If the court acts
favorably on the petition, it shall enter an order which designates the terms
of office of the five, seven or nine directors in general accordance with the
provisions of this section so that the number remaining on the board will be
divided into two equal or approximately equal groups as to terms. The change in
the number of board members shall take place on July 1 next following the
order. [Amended by 1961 c.186 §5; 1965 c.623 §6; 1969 c.669 §15; 1969 c.691 §§4,18;
1971 c.647 §120; 1971 c.727 §171; 1971 c.727 §198; 1973 c.796 §70; 1975 c.647 §46;
1983 c.350 §308; 2001 c.264 §1]
553.220 Organization meeting; officers;
duties; meetings. As soon as possible after an
election of directors, the directors shall meet for the purpose of qualifying
all persons elected as directors and for the purpose of electing officers of
the district. Each director shall qualify by subscribing to an oath of office.
The directors shall elect from their number a president and vice president and
shall appoint a secretary-treasurer. Such officers shall have such authority
and duties as may be given to them by the board. The board shall hold such
meetings as may be necessary or convenient. [Amended by 1971 c.403 §12]
553.230 Powers and duties of board.
The board shall:
(1)
Manage and conduct the affairs of the district.
(2)
Adopt a seal.
(3)
Make and execute all necessary contracts.
(4)
Employ and appoint such agents, officers and employees as may be required, and
prescribe their duties and fix their compensation.
(5)
Establish reasonable rules and regulations for the administration of the
affairs of the district.
(6)
Withhold deliveries of water to lands upon which there are delinquent charges
or assessments.
(7)
Impose charges or levy assessments for special benefits and apportion the same
among the lands, or owners or occupants of the lands, within the district
liable therefor as provided in this chapter.
(8)
Acquire water rights for the purposes of the district or subdistrict and the
lands served thereby.
(9)
Establish and maintain funds and accounts for the funds of the district and of
any subdistrict within the district.
(10)
Obtain an annual audit of the books of the district.
(11)
Fix the location of the principal office of the district at some convenient
place within or without the district.
(12)
Keep a record of all of the proceedings of the board.
(13)
Furnish a record book to the county clerk of each county in which lands within
the district are located, in which shall be recorded all contracts, orders
levying assessments and creating subdistricts, and other documents required by
law to be recorded.
(14)
Levy special assessments as provided in ORS 553.510 and set charges, fees and
tolls for use of services and facilities made available by the district or
subdistrict.
(15)
Issue notes, bonds and other evidence of indebtedness incurred in connection
with the construction, acquisition, improvement, or operation and maintenance
of works authorized by this chapter. [Amended by 1965 c.623 §7; 1969 c.345 §16;
1991 c.459 §430e]
553.240 County court as governing body.
(1) The county court may be established as the governing body of a water
control district as provided by this section if the boundaries of the district
are coterminous with the boundaries of the county.
(2)
At the election of the first governing body of a water control district, the
electors of the district shall choose either the county court or a board of
directors to be the governing body of the district. The electors of the
district also shall vote for directors, who shall take office if the electors
choose to have a board of directors as the governing body.
(3)
If a majority of the votes cast at the election favors the county court as the
governing body of the district, all duties, functions and powers granted to a board
of directors of a water control district are vested in the county court. The
county court shall be the governing body of the water control district until
the district is dissolved. [1957 c.606 §2; 1971 c.647 §121; 1971 c.727 §174;
1971 c.727 §199; 1983 c.350 §309]
553.250 Authority to acquire and dispose
of water works; sale of water. (1)
Notwithstanding any other provisions of this chapter, any water control
district, whenever it appears necessary, proper or beneficial to its
inhabitants, may acquire, construct, reconstruct, equip, own, maintain,
operate, sell, lease and dispose of domestic, industrial and municipal water
works or systems and property and all appurtenances incident thereto.
(2)
Any such water control district may furnish water for domestic, industrial and
municipal uses to premises and inhabitants within its district, and in
connection therewith, may supply, furnish and sell any surplus water storage or
carrying capacity over and above the domestic, industrial and municipal needs of
its inhabitants to persons and other public bodies as defined in ORS 174.109,
either within or without the district; provided, however, that the power to
furnish water for domestic, industrial and municipal uses herein conferred will
not be exercised in such a manner as to impair the service of the district in
furnishing water for its inhabitants. [1963 c.363 §2; 2003 c.802 §141]
553.260 [1963
c.363 §3; repealed by 1969 c.691 §13]
553.270 Procedure on condemnation;
property subject to and exempted from condemnation.
The right to condemn property, given pursuant to ORS 553.090 (4) shall include
property already devoted to public use, including state and county property,
which is less necessary than the use for which it is required by the district.
In the acquisition of property or rights by condemnation, the board shall
proceed in the name of the district under the provisions of the laws of Oregon.
However, the right of condemnation may not be exercised against the lands or
water rights of an irrigation district organized under ORS chapter 545, a
drainage district organized under ORS chapter 547, a flood control district
organized under ORS chapter 550, a diking district organized under ORS chapter
551, a water improvement district organized under ORS chapter 552, a
corporation for the use and control of water organized under ORS chapter 554 or
a domestic water supply district organized under ORS chapter 264, or against
property of the State of Oregon used for highway purposes. [1965 c.623 §10;
1983 c.740 §217]
553.280 Undertaking prior to entry as part
of condemnation proceedings. Prior to any
party, officer or agent of a water control district entering upon any land
sought to be condemned, there shall be furnished to the landowner a sufficient
undertaking, either by surety bond, personal bond, cash or other security, in
an amount sufficient to indemnify the landowner for the value of the land
sought to be condemned, together with all costs and attorney fees to which the
landowner may be entitled. This undertaking shall be conditioned that the
district seeking to condemn the land shall pay to the owner all damages, costs
and attorney fees that the owner may suffer by reason of the entry, or which
may be awarded to the owner by a jury upon a trial of the cause. [1965 c.623 §11]
553.290 Possession of land after commencement
of proceedings. At any time after the board of
directors of a water control district has commenced proceedings to acquire
title to any land necessary for rights of way, or for construction, alteration,
repair or reservoir purposes, the district may enter into possession of such
lands and begin such work as may be necessary to the development of the
district. [1965 c.623 §12]
CONSTRUCTION OF WORKS IN SUBDISTRICTS; DETERMINATION
OF BENEFITS
553.310 Creation of subdistrict; change in
subdistrict boundaries; procedure. (1) Whenever
the owners of more than 50 percent of the acreage, exclusive of state and
federally owned land, in a body of land located within a district desire to
have the district undertake the construction or purchase of works and
facilities for purposes as set forth in ORS 553.020 which will benefit their
lands, they shall petition the board for the creation of a subdistrict. The
petition shall state the boundaries proposed for the subdistrict; the name and
address of each person signing the petition; a brief general statement as to
the works the petitioners desire to have constructed or purchased; and a prayer
asking that the lands described be organized as a subdistrict. The description
of the boundaries of the proposed subdistrict shall be certified to as a
complete and sufficient legal description by a qualified engineer or land
surveyor and such certificate shall be filed with the board at the time the
petition is filed. The petition shall be considered by the board at its next
meeting, and if it meets with the approval of the board, the board shall adopt
an order creating the subdistrict in which shall be described the boundaries of
the subdistrict. A subdistrict may include all or any part of the lands within
a district. A copy of the order shall be recorded in each county in which lands
within the subdistrict are located.
(2)
Notwithstanding subsection (1) of this section, a subdistrict created under
provisions of this chapter can be formed in the formation proceedings if:
(a)
The petition for formation states the purposes for which the petitioners
request formation of both the district and subdistrict;
(b)
The boundaries of both the district and subdistrict are coterminous;
(c)
The description of the boundaries of the proposed subdistrict are certified as
to complete and sufficient legal description by a qualified engineer or
surveyor; and
(d)
Owners of more than 50 percent of the acreage of the land in the proposed district
and subdistrict sign the petition to form the water control district and
subdistrict.
(3)
After the creation of a subdistrict as provided by this chapter, the boundaries
thereof may be changed by the inclusion of lands outside of the subdistrict upon
the petition of the owners of 50 percent of the lands desiring to be included
in the subdistrict. The lands to be added to the subdistrict must be within the
boundaries of the district. The petition shall state the boundaries of the
lands to be included in the subdistrict, the reason for adding the lands to the
subdistrict, the names and addresses of each person signing the petition and a
prayer asking that the lands described by the petition be annexed to the
subdistrict. The petition shall be filed with the board of directors. A
certificate containing a description of the boundaries of the subdistrict after
the proposed addition, certified to as a complete and sufficient legal
description of the subdistrict after the proposed annexation by a certified
engineer or land surveyor, shall be filed with the board at the time the
petition is filed. The board of directors shall enter an order fixing a time
and place for a hearing on the petition and shall either give notice by
publication of the hearing or a notice by mail to all landowners within the
boundaries of the lands proposed for inclusion in the subdistrict. At the
hearing or at any time and place to which the hearing may be adjourned, the
board shall determine what lands proposed to be included within the subdistrict
will be benefited by inclusion in the subdistrict, and the new boundaries of
the subdistrict shall be described by the order. [Amended by 1961 c.186 §6;
1969 c.691 §5; 1971 c.727 §172; 2001 c.258 §1]
553.320 Engineering plan; notice of completion;
inspection; hearing; changes in plan; approval; rejection upon objections of
landowners. After the creation of a subdistrict,
the board shall secure an engineering plan for the improvements requested in
the petition for the creation of the subdistrict. The board may adopt as an
engineering plan for a subdistrict any plans theretofore made by any department
or agency of the federal government or the State of Oregon or a project work
plan proposed for any soil and water conservation district in which lands
within the subdistrict are located, or the board may employ a qualified
engineer to make such engineering plan. Upon completion of the plan the board
shall cause notice thereof to be given to the owners of the tracts of land
within the subdistrict and shall permit the inspection of the plan at the
office of the subdistrict by all landowners. The notice may be given by mail or
by publication, as may be determined by the board. The notice shall fix a time
and place for a hearing before the board of all objections to the plan, which
hearing shall be held not less than 20 nor more than 30 days after the date of
mailing or the date of the last publication of the notice. At the hearing the
board shall make such changes in the engineering plan as it deems necessary in
the light of any objections or suggestions made by any person appearing at the
hearing. After the hearing, the board shall approve the plan as corrected or
changed, by adopting an order of approval. However, if the owners of more than
50 percent of the lands within the subdistrict file written objections to the
order approving the engineering plan with the secretary of the district within
15 days after the date of such order, no further action shall be taken under
the order and the plan shall be considered to have been rejected by the
landowners. Whenever an engineering plan for a subdistrict is so rejected by
the landowners the board may obtain a new engineering plan and present it to
the landowners in the manner above provided or the board may dissolve the
subdistrict. [Amended by 1961 c.186 §7]
553.330 Assessment for cost of works.
The cost of building, constructing, purchasing, operating, maintaining and
improving the works described in an engineering plan for a subdistrict shall be
charged to the owners of the lands, or assessed against the lands, to be
benefited by the works in proportion to the benefits to be received by each
tract of land. Only the lands or owners within a subdistrict shall be liable
for, charged with or in any manner assessed or taxed for the payment of
judgments, claims, damages, costs, expenses, debts or other liabilities of or
against a district that accrue from, arise out of or are incurred in the
building, constructing, purchasing, operating, maintaining or improving the
works of such subdistrict. [Amended by 1991 c.459 §430f]
553.340 Determination of benefits; board
of appraisers; exception. (1) The board, with such
assistance as it deems necessary, shall prepare a benefit roll and determine
the benefits that will accrue to each tract of land located within a
subdistrict upon the construction of the works described in the engineering
plan for the subdistrict. After such determination is made each landowner shall
be given written notice thereof by registered mail or by certified mail with
return receipt. If the landowner does not file written objections thereto
within 30 days of the date the notice is mailed, the landowner shall be deemed
to have consented to the allocation of benefits to the lands of the landowner. If
a landowner files objections within 30 days, the determination of the benefits
that will accrue to the lands of the landowner shall be referred to a board of
appraisers. A board of three appraisers shall be appointed by the court, upon
the petition of the board of directors, whenever one or more landowners within
the subdistrict files an objection. Each of the appraisers shall, before
assuming duties, take and subscribe to an oath that the appraiser will
faithfully and impartially discharge duties as an appraiser and will make a
true report of all work done by the appraiser. The court may, by order, remove
any appraiser at any time and shall fill all vacancies on the board of
appraisers or may appoint a new board as the case may require. The appraisers shall
receive such compensation as the board of directors, with the approval of the
court, determines, and shall be reimbursed for the expenses they incur in the
exercise of their duties.
(2)
Subsection (1) of this section shall not apply if the benefits to be determined
are set forth in an irrigation project contract which has been executed by the
owner pursuant to ORS 553.760. [Amended by 1969 c.691 §6; 1991 c.249 §56]
553.350 Assessment of benefits and damages
by appraisers; benefits less than costs; recommendation to amend engineering
plan; final report and certificate. (1) The
appraisers shall assess the amount of benefits and the amount of damages, if
any, that will accrue to each tract of land which they are directed by the
board of directors to appraise, and shall determine the value of any lands to
be acquired and used for rights of way and other purposes by the subdistrict.
The appraisers shall determine the benefits to the lands themselves and to any
buildings and other structures erected on such lands. The appraisers shall take
into consideration the agricultural or other uses of such lands, the increase
in value thereof upon the completion of the proposed works, and the increased
income which will be derived from the lands upon the construction of the works.
In making their appraisal, the appraisers shall give due consideration and
credit to any works that have already been constructed and which benefit any
tract of land they are appraising. The appraisers shall have no power to change
the engineering plan.
(2)
Whenever it appears to the appraisers that the benefits to all the lands within
the subdistrict will be less in value than the cost of the proposed works, the
appraisers shall file a preliminary report of their work with the board of
directors and recommend to the board that the engineering plan be amended so
that the proposed works can be constructed at a cost less than the benefits to
be derived therefrom. If the board obtains an amended engineering plan, the
appraisers shall proceed with their work.
(3)
Upon completing their work, the appraisers shall file a final report with the
court and certify that the appraisal has been completed and that there is
nothing further for them to do in regard to the matter.
553.360 Hearing on report of appraisers;
exceptions; entry of order; appeal. (1) After the
filing of the report of the appraisers, the court shall enter an order fixing
the time and place for a hearing on the report and directing the secretary of
the district to give notice of the hearing by publication. The notice shall
contain a description of each tract of land appraised, together with the names
of the owners, if known, and shall state that the appraisers appointed to
assess the benefits and damages to the lands described and to appraise the cash
value of the lands necessary to be taken for rights of way and other works
within or without the limits of the subdistrict, have filed their report with
the court and that the owner of each tract of land included therein is given
notice that the owner may examine the report and file objections to the report
or to any determination of benefits or damages on or before the date set for
the hearing.
(2)
The district or any person owning or having any interest in the lands
described, or the owner of any tract of land within the subdistrict for which
the appraisals were made, may file exceptions to the report of the appraisers
or to any determination of benefits or damages determined to accrue to lands
upon the construction of the proposed works or to the determination of the cash
value of the lands necessary to be taken for rights of way or other works.
(3)
The court shall hear all objections and make such amendments and modifications
to the report of the appraisers as to the court may seem equitable. Upon the
conclusion of the hearing the court shall enter its order in which shall be
given the description of each tract of land appraised, the value of the
benefits and damages which the court determines will accrue to each tract, and
the value of lands necessary to be taken for rights of way and other works.
(4)
Any party interested may take an appeal from such order in the manner set forth
in ORS 553.815. The order shall be filed in the office of the county clerk of
the county in which the court is situated, and a certified copy of the order
shall be filed with the county clerk of each other county in which lands within
the subdistrict are located. [Amended by 1969 c.691 §7]
553.370 Reappraisal after construction of
works; when authorized. In the event that it is
determined, after the construction of any works within a subdistrict, that any
lands within the subdistrict are benefited and the benefits accruing to such
lands were not determined by the board or by appraisal or the benefits
determined by the board are less than the benefits actually accruing to the
property, or in case any person makes use of or profits by the works within any
subdistrict to a degree not compensated for in the original determination of
benefits by the board or by appraisal, or in case the directors of the district
find it necessary to take or damage any additional property, the directors
shall petition the court for appointment of a board of appraisers to appraise
or reassess the benefits accruing to any tract of land within the subdistrict
or to appraise the damages to or value of any property taken. After the
appraisers file their report, the court shall act thereon in the manner
provided for the approval by the court of the original appraisal.
553.380 Reduction of benefits.
In the event that it is determined after the construction of any works within a
subdistrict that the benefits received by any tract of land are materially less
than the appraised benefits, the board may, upon the petition of any owner of a
tract of land, hold a hearing on the question of whether the benefits should be
reduced. The board shall give notice by mail 30 days prior to such hearing to
all other owners of land within the subdistrict. After hearing evidence for and
against the reduction of benefits assessed against the tract of land in
question, the board shall make an order reducing the amount of assessed
benefits or dismissing the petition.
ASSESSMENTS; CLAIMS; EQUALIZATION
553.510 Special assessments.
In order to raise the funds required by a district for the construction,
purchase, operation, maintenance and improvement of works and facilities for
purposes set forth in ORS 553.020 in any subdistrict, and in order to pay the
general overhead and other expenses of a district which are not chargeable
directly to any subdistrict, the lands benefited by any or all of such types of
works and by the operation of the district shall be subject to special
assessments of the following classes:
(1)
A preliminary assessment, which shall be levied for the purpose of defraying
the expenses incurred by the district for organization of the district, for
organization of subdistricts, and for defraying overhead costs and other
expenses including purchases of rights of way, acquisition of land and payment of
fees and services as may be incurred by the district prior to the time that
construction assessments are levied or a tax is levied. A preliminary
assessment shall be apportioned on the basis of the assessed valuation of
property in the district. A preliminary assessment shall be not more than
five-hundredths of one percent (0.0005) of the real market value of all taxable
property within the district computed in accordance with ORS 308.207. No
district shall levy a preliminary assessment for more than three years.
(2)
A construction assessment, which shall be levied for the purpose of defraying
the cost of constructing or purchasing the works in each subdistrict. The
construction assessment shall be levied as soon as the board is able to
determine the probable cost of constructing or purchasing the works described
in the engineering plan for a subdistrict or a construction assessment may be
levied for the construction or purchase of works in accordance with any loan
agreement with the government of the United States or the State of Oregon for
money to be used in the construction or purchase of such works or in accordance
with a purchase agreement entered into with the seller of such works. All
construction assessments shall be paid in 10 equal annual installments and
shall bear interest at a rate not to exceed six percent per annum until paid
from the date the first installment of the assessment is due. Any landowner may
make advance payments on the construction assessment levied against the lands
of the landowner. The board may, in its discretion, decrease the amount of any
annual installment and spread the payment of the construction assessment over a
period longer than 10 years. Such decrease shall apply uniformly to all lands
within the subdistrict. Whenever the board determines that the original
construction assessment is not in an amount sufficient to pay the cost of
constructing or purchasing the works described in the engineering plan for the
subdistrict, the board shall assess a second construction assessment.
(3)
A maintenance and operation assessment, which shall be levied for the purpose
of defraying the cost of maintaining and operating the works constructed within
any subdistrict. On or before November 1 of each year the board shall determine
the probable cost of maintaining and operating the works within each
subdistrict during the ensuing calendar year.
(4)
An improvement assessment, which shall be levied for the purpose of defraying
the cost of making improvements within a subdistrict. On or before November 1
of each year the board shall determine the probable cost of making any
necessary improvements to any completed works within each subdistrict. No
improvement assessment levied in any one year shall be greater in amount than
one percent of all construction assessments levied against the same tract of
land. In case of an emergency the board may, upon the approval of the owners of
over half of the lands affected, levy, assess and collect a special improvement
assessment. The board may, in its discretion, levy an improvement assessment
within the limitations above provided in order to accumulate a fund to make
improvements in future years. [Amended by 1959 c.605 §1; 1961 c.186 §8; 1965
c.623 §13; 1969 c.691 §8; 1991 c.459 §431]
553.520 Apportioning assessments;
adjustment of benefits. (1) After determining the sum of
money to be raised by any assessment, except a preliminary assessment, the
board shall apportion the same among the lands liable therefor. Benefits used
as a basis for apportioning maintenance and operation assessments and
improvement assessments, except assessments levied for the operation,
maintenance and improvement of irrigation works, may be adjusted from year to
year in such manner that the adjusted benefits are in the same proportion to
the new assessed valuation of the tract of land as the original appraised
benefits are in proportion to the original appraised benefits plus the original
assessed valuation of such tract of land.
(2)
Adjusted benefits shall be made the basis for apportioning the maintenance and
operation assessments and the improvement assessment, and shall not be used as
a basis for apportioning construction assessments or preliminary assessments.
Benefits determined to be accruing to lands upon the construction of irrigation
works shall not be adjusted in any manner.
553.530 Disposition of funds received.
(1) All sums of money received by a district in payment of any assessment shall
be kept in a separate fund for each subdistrict from which the assessment is collected.
All funds remaining unexpended in any construction fund after the payment of
all costs incurred for the construction of works in any subdistrict shall be
paid into the improvement fund for such subdistrict, and any funds remaining on
hand in any maintenance and operation fund for any year for any subdistrict
shall likewise be paid into the improvement fund of that subdistrict.
(2)
The district shall maintain a general fund in which shall be kept all funds
received by the district for paying the general overhead and other expenses of
the district. The district shall pay into the general fund such portion of each
of the special assessments levied against lands within subdistricts as is
necessary to pay the general expenses and overhead of the district.
553.535 Collection of charges and
assessments by resolution of board. (1) In lieu
of the provisions and methods contained in ORS 553.535 to 553.580, the board of
directors of a district may provide by resolution for the billing and
collection of the charges or assessments of the district in the manner provided
under ORS 545.482 to 545.508 for irrigation districts.
(2)
A resolution adopted under this section may apply to any or all of the
assessments provided for under ORS 553.510, including but not limited to all
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 545.508, the board or an officer of an
irrigation district is referred to, the corresponding board or officer of a
water control district shall perform the required actions. [1991 c.459 §431b]
553.540 Assessments to be levied by order
of board; filing copy thereof; notice; lien; time for payment; interest.
(1) All assessments shall be levied by an order of the board. The order shall
state the description of the land assessed, the name of the owner of the land
as such name appears on the records of the district, or the records of the
county assessor, the type and kind of assessment, the amount of the assessment
due, and the due date. It shall not be necessary to issue a separate order for
each tract of land in a subdistrict, and any number of tracts in the same
subdistrict and the same county may be included in one order. A copy of the
order levying an assessment, certified and acknowledged by the secretary of the
district, shall be filed with the county clerk of the county in which the land
is located. Upon being filed, the assessment shall constitute a lien against
the land assessed, prior in time to any other liens, rights or interests in the
tracts of land described except liens for taxes levied by the state or county.
(2)
Notice of all assessments levied by a district shall be given to the landowner
by mail and shall be payable on the 30th day after such notice is mailed. All
assessments paid after the due date shall be charged interest at the rate of
not more than 12 percent per annum. All assessments shall be paid to the
secretary-treasurer of the district and a receipt shall be issued therefor.
From time to time the board shall order the satisfaction of the liens against
lands on which assessments have been paid, and a copy of such order shall be
filed with the county clerk of the county in which the lands are located. [Amended
by 1961 c.186 §9; 1981 c.122 §1]
553.550 Loans; assignment of assessments
as security for. A district may borrow money and
secure repayment of the same by the assignment of any assessments theretofore
levied. Whenever a levied assessment is assigned to secure the repayment of any
sum of money borrowed, the assessment shall be paid to the assignee thereof or
the agent of the assignee.
553.560 Foreclosure of assessment;
procedure; district may bid and purchase; deed; right of redemption.
(1) After the date fixed as the time when an assessment shall become due, the
board, by resolution, shall direct that all delinquent assessments then unpaid,
whether for operation and maintenance, improvement, construction, or other
purposes, shall be foreclosed by the district. Such foreclosure shall follow
the general procedures of a suit in equity and shall be filed in the circuit
court of the county in which the land to be foreclosed is situated. If land in
two or more counties is to be foreclosed, separate proceedings shall be
commenced in each county as to the lands therein. The district may recover in
such suit the costs and disbursements and other expenses of foreclosure. Any
number of tracts of lands, whether they are delinquent for the same or any
number of assessments or for the same or several years, may be foreclosed in
the same suit. The court may award reasonable attorney fees to the district if
the district prevails in a foreclosure action under this section. The court may
award reasonable attorney fees to a defendant who prevails in a foreclosure
action under this section if the court determines that the district had no
objectively reasonable basis for asserting the claim or no reasonable basis for
appealing an adverse decision of the trial court.
(2)
The judgment in such suit shall order the sale of such property and fix the
time for holding the sale, which shall be not more than four weeks from the date
of the judgment, and shall order the sheriff of the county to hold the same as
other foreclosure sales, upon giving notice thereof for two consecutive weeks
prior to the day of sale, by publication of notice once each week in a
newspaper published in the county in which the land to be sold is situated and
by posting notices in three public and conspicuous places in the county at
least two weeks prior to the day of sale.
(3)
The district may be a bidder and purchaser of property upon such sale. Upon
such sale the sheriff immediately shall issue a deed to the property sold, and
no right of redemption shall exist. [Amended by 1981 c.897 §64; 1995 c.696 §30;
2003 c.576 §520]
553.570 Withdrawal of land from
foreclosure sale; payment of lien, taxes and proportion of costs.
At any time prior to sale or at the time of sale as provided by ORS 553.560,
the former owner, assessment payer or holder of legal or equitable title or
lien upon or to any tract of land included in the foreclosure and judgment may
pay the amount of the lien foreclosed, together with such amount of state and
county taxes as the district may have paid and a proportionate amount of the
costs incurred in such foreclosure proceedings, and withdraw the tract of land
from the foreclosure sale. If made prior to the judgment, the payment shall be
tendered to the clerk of the court, together with a written appearance in the
suit. If made after the judgment is entered, the payment shall be tendered to
the sheriff ordered to hold the sale. If payment is made before judgment, the
tract of land then shall be excluded from the foreclosure proceedings. If
payment is made after judgment, the district shall issue satisfaction of lien
to such former owner, assessment payer or holder of equitable or legal title upon
the tract of land and file the same for record. [Amended by 2003 c.576 §521]
553.580 Payment of state and county taxes
by district. At any time after any assessment levied
under this chapter becomes delinquent, the district may pay any state and county
taxes due or delinquent against such tracts of land as are delinquent in the
payment of the district assessment, and add such amount to and foreclose the
same as part of the lien of the district against such tracts of land.
553.585 Claims; presentation; payment.
All claims against the district shall be presented to the district board for
allowance or rejection. Upon allowance, the claim shall be attached to a
voucher verified by the claimant or agent of the claimant, approved by the
president of the board and countersigned by the secretary, and directed to the
treasurer of the district for the issuance of a check for payment of the claim
against the proper fund in the custody of the district. Each claim presented
and approved by the board shall have indorsed upon it the particular fund from
which it is to be paid by the treasurer. Claims against the district for
administrative expense and for any costs or expenses which are not properly
chargeable directly to a particular subdistrict shall, when allowed by the
district board, be paid from the general fund of the district. [Formerly
553.590]
553.590
[Renumbered 553.585]
553.592 [1965
c.623 §42; repealed by 1991 c.459 §431c]
553.595 [1965
c.623 §43; repealed by 1991 c.459 §431c]
553.600 [1965
c.623 §44; repealed by 1991 c.459 §431c]
BONDS
553.610 Assessments or taxes upon bond
issue. Any water control district issuing
bonds may, after an affirmative vote at any regular or special election called
or held pursuant to the Water Control District Act, proceed to levy and collect
assessments or ad valorem taxes as provided in subsections (1) and (2) of this
section.
(1)
A water control district may proceed to levy and collect assessments for any
purposes of the water control district on a benefited basis as provided in ORS
553.330 and as determined under ORS 553.340 to 553.380. However, no change in
method of assessment shall be made except with the consent of the holders of
outstanding bonds.
(2)
In lieu of the provisions of subsection (1) of this section and not in addition
thereto, a water control district may proceed to levy an ad valorem tax for the
purpose of paying the principal and interest on bonded indebtedness when it
becomes due. [1965 c.623 §14a]
553.615 Assessments by order of board.
In lieu of the provisions contained in ORS 553.535 to 553.580, a district may
levy any one or all of the assessments provided in this chapter by an order of
the board. The order shall state the description of the land assessed, the name
of the owner of the land as such description and name appears on the records of
the county assessor, the type and kind of assessment, the amount of the
assessment due, which shall be certified by the board not later than July 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. The collection of the
assessment shall be coincident with collection of the state and county tax, and
shall be governed by the laws relating thereto. [1965 c.623 §15]
553.620 Ad valorem tax in lieu of
assessment. (1) A water control district may, in
lieu of any or all of the assessments provided in this chapter, levy an ad
valorem tax upon all taxable property situated within the boundaries of the
district or subdistricts for a purpose or purposes expressed therein. A levy of
an ad valorem tax for a given purpose shall not be in addition to any other
assessments by a water control district for that purpose.
(2)
As used in this section, “purpose” means the type of service to be performed by
the district, or subdistrict, as set forth in ORS 553.020 (1) and (2). When the
construction of an improvement serves more than one purpose, the cost of
construction or the cost of maintenance shall be allocated between the two or
more purposes on the basis of engineering studies. [1965 c.623 §16; 1969 c.691 §9]
553.623 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 §46]
553.625 Levy and collection of tax authorized
by ORS 553.620. The ad valorem tax provided for
in ORS 553.620 shall be levied and collected in the manner otherwise provided
by law for the levy and collection of real property taxes. The board shall
prepare a budget in the form, manner and time prescribed in ORS 294.305 to
294.565 (the Local Budget Law), for the district and for each subdistrict for
which taxes are to be levied and assessed, and in accordance therewith shall
fix the amount of money to be raised by taxation for the district and for each
subdistrict. Thereafter the levy shall be equalized and the tax collected and
turned over to the district as otherwise provided by law for public
corporations. [1965 c.623 §17]
553.630 Terms and conditions of bonds;
bond register. (1) The bonds issued shall be numbered
consecutively, commencing with number 1. They shall mature serially in annual
amounts so as to be approximately equal, principal and interest, commencing not
more than five years and extending not more than 50 years after the date of
issue, as the board of directors may determine, or in case the board deems it
advisable to submit the question of maturities at the bond election, then as
the electors may determine. They shall be negotiable in form. The bonds may be
issued when so authorized by the electors so as to include a sum sufficient to
pay the first four years’ interest, or less, to accrue on the bonds.
(2)
The bonds shall bear interest at a rate determined by the board of directors,
payable semiannually on the first day of January and July of each year. The
principal and interest shall be payable at the places designated in the bonds
and coupons. The bonds shall be signed by the president and secretary. Coupons
for interest shall be attached to each bond, and may be signed with the
printed, lithographed or engraved facsimile signature of the secretary.
(3)
The secretary of the district shall register the bonds in books kept in the
office of the secretary for that purpose, and therein must be stated the
number, date, amount of bond, time and place of payment, rate of interest,
number of coupons attached, and any other description proper for future
identification of each bond. This section shall not be construed to provide
that any bond of the district shall bear a registration certificate by the
secretary. [1965 c.623 §20; 1969 c.691 §10; 1991 c.459 §431d]
553.635 Contract provisions for payment of
government construction charges. The contract
provisions for the payment of construction charges to the United States, and
the bonds securing the payment of the same, if any are issued and deposited,
may be of such denomination and may call for the payment of such interest not
exceeding six percent per annum, may provide for such installments and for
repayment of the principal at such times, as may be required by the federal
laws and as may be agreed upon between the board and the appropriate federal
agency. [1965 c.623 §21]
553.640 Sale of bonds; cancellation.
(1) The board may sell from time to time the bonds which have been authorized
by the electors and 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 the resolution to be entered
on the minutes. Notice of sale shall be given by publication. The notice shall
state that sealed proposals will be received by the board at its office for the
purchase of the bonds until the day and hour named in the resolution. At the
time appointed, the board shall open the proposals and may reject any or all
bids. After offering the bonds for sale, as above provided, if no satisfactory
bid is received, the board may use the bonds 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 bonds for less than 90 percent of their face value.
(2)
The board may by resolution entered on its records cancel any bonds which may
have been voted or issued which have not been sold or deposited as security for
funds advanced or to be advanced, and which the state, United States or any
person has no claim to or equity in. After such cancellation, the bonds shall
not be sold or otherwise disposed of; they shall be invalid and of no effect;
and the board may not replace them without authorization of the electors. [1965
c.623 §22]
553.643 Bond given for federal loan; form;
terms. The district may borrow from the United
States or an agency thereof, by furnishing the agency with a single bond or
other evidence of indebtedness in such form and on such terms as are required
by the federal laws and as may be agreed upon between the board and the federal
agency. [1969 c.691 §12; 1991 c.459 §431e]
553.645 Payment from annual taxes and
assessments of bond-related amounts due government.
The bonds and the interest thereon and all payments due or to become due to the
United States under any contract between the district and the United States,
accompanying which bonds of the district have not been deposited with the
United States, and all obligations for the payment of money authorized and
incurred under this chapter, shall be paid by the revenue derived from the
annual charges upon the owners or occupants of, or taxes or assessments upon,
the land in the subdistrict. All the owners or occupants or lands in the
subdistrict shall be and remain liable to be charged, taxed or assessed for
such payments as provided in the Water Control District Act and under and
subject to the provisions thereof. [1965 c.623 §23; 1991 c.459 §431f]
553.650 Property liable for indebtedness
of district. In addition to the provisions for the
payment of bonds and interest by taxation and other provisions of this chapter,
all the property of the subdistrict, including irrigation and other works,
shall be liable for the indebtedness of the subdistrict. The holder of the
bonds, or the United States in case contract has been executed by the United
States, may, in case of default in the payment of interest or principal on the
bonds, or the amount due on the contract, upon the order of the circuit court,
take possession of the works of the subdistrict and operate the same until the
amount in default is fully paid. [1965 c.623 §24]
553.655 Bond elections in subdistricts.
(1) Upon order of the board, an election shall be held in the subdistrict to
determine whether bonds in any amount the board may deem necessary shall be
issued for any purpose necessary or convenient in carrying out the provisions
of this chapter, including the refunding of outstanding bonds.
(2)
If a majority of the votes cast at the election approve the issuance of the
bonds, the board shall cause bonds in that amount to be issued, or such portion
thereof as may be necessary from time to time. If the majority of the votes
cast disapprove issuance of the bonds, the result of the election shall be
entered of record.
(3)
Whenever thereafter the board in its judgment deems it for the best interest of
the subdistrict that the question of the issuance of bonds in any amount shall
be submitted to the electors, it shall so declare of record in its minutes, and
may thereupon submit such questions to the electors in the same manner and with
like effect as at the previous election. [1965 c.623 §§18,19; 1971 c.647 §122]
553.660 Tax or assessment as lien on
property. Any tax or assessment upon land shall
be a lien against the property assessed or taxed, and such lien for all
payments due or to become due under any contract with the United States or for
the payment of principal or interest of bonds deposited with the United States
shall be a preferred lien to any assessments for bonds issued subsequent to the
date of such contract or the issuance of the bonds deposited with the United
States. No subdistrict tax or assessment lien shall be removed until the
assessments or tax is paid with interest and penalties or the property sold for
the payment thereof. [1965 c.623 §25]
553.665 Bond Fund; Bond and United States
Contract Fund; Construction Fund; General Fund.
The treasurer shall keep a “Bond Fund” account or a “Bond and United States
Contract Fund” account, as the case may be, into which shall be deposited all
moneys arising from the sale of refunding bonds and from charges, assessments,
taxes and levies until there is sufficient money in the fund to meet the next
installment of principal and interest upon bonds of the subdistrict and to meet
all payments for construction and other purposes to the United States. From the
fund the treasurer shall pay moneys due as principal and interest on bonds as
they mature and the bonds and coupons are presented and as payments to the
United States fall due. Moneys received from the sale of bonds and otherwise
for construction or acquisition of works by the subdistrict shall be deposited
into a “Construction Fund.” All other moneys received by the subdistrict shall
be deposited into a fund known as the “General Fund,” from which shall be
defrayed all obligations of the subdistrict other than those in this section
described. The Bond and United States Contract Fund accounts shall be devoted
to the obligations of the subdistrict payable therefrom in the order of the
priority of the creation of the obligations. [1965 c.623 §26; 1991 c.459 §431g]
553.670 Process for issuance of bonds.
Bonds authorized by this chapter shall be issued in the manner prescribed in
ORS chapter 287A. [1965 c.623 §27; 1997 c.171 §21; 2007 c.783 §220]
CONTRACTS WITH OTHER GOVERNMENTAL UNITS
FOR CONSTRUCTION OF WORKS
553.710 Intergovernmental agreements; levy
of tax to meet obligations. After the creation of a
subdistrict, and with the approval of the electors of the subdistrict, a water
control district may enter into intergovernmental agreements under ORS chapter
190 for the construction of works within the subdistrict or outside of the
subdistrict for the benefit of lands within the subdistrict. If by reason of an
intergovernmental agreement a district becomes obligated to contribute all or
any part of the cost of constructing such works or to furnish rights of way or
to pay for the cost of improvements to be made in conjunction with the
construction of such works or to maintain and operate the works after the
construction thereof, the district may levy an ad valorem tax against the lands
within the subdistrict for the purpose of raising funds with which to discharge
its obligations under the agreement and to pay the costs and expenses incurred
by the district in connection therewith. The levy of an ad valorem tax for such
purposes shall be in lieu of and not in addition to any other method of levying
assessments by a water control district. [Amended by 1991 c.459 §431h; 2003
c.802 §142]
553.720 Manner of collecting tax; budget;
equalizing levy. The ad valorem tax provided for
in ORS 553.710 shall be levied and collected in the manner otherwise provided
by law for the levy and collection of real property taxes. The board shall
prepare a budget in the form, manner and time prescribed in ORS 294.305 to 294.520,
294.458 and 294.565 (the Local Budget Law), for each subdistrict for which
taxes are to be levied and assessed, and in accordance therewith shall fix the
amount of money to be raised by taxation for each subdistrict. Thereafter the
levy shall be equalized and the tax collected and turned over to the district
as otherwise provided by law for public corporations.
553.730 Limitation on tax levy.
No levy of an ad valorem tax under ORS 553.710 for any one year shall exceed
one-half of one percent (0.005) of the real market value of all taxable
property within the subdistrict, computed in accordance with ORS 308.207. If
the total sum of money required to be raised under the terms of a contract
entered into by a district, together with the sum of money to be raised to pay
the costs and expenses of the district incurred in connection therewith,
exceeds such limitation, a levy for each year thereafter shall be made by the
district until the entire contract obligation has been discharged. [Amended by
1963 c.9 §31; 1991 c.459 §432]
553.740 Issuance of warrants.
After the amount of a levy under ORS 553.710 is determined and turned over to
the county assessor, a district may issue warrants to an amount not in excess
of 75 percent of the amount of the levy. The warrants shall be serially
numbered and shall bear interest of not more than six percent and shall be paid
by the treasurer of the district in the order of issuance upon receipt of funds
from the county treasurer.
553.750 Loan contracts with state or
federal agencies; obligation of district; recording certificates.
(1) Whenever a district has adopted, as the engineering plan for a subdistrict,
a project work plan prepared for the subdistrict by a department of the federal
government, and in connection with the development of such plan desires to
borrow money from any state or federal agency, such district may, in lieu of
levying a preliminary assessment, and with the approval of the electors of the
subdistrict, enter into a loan contract with such agency.
(2)
The loan contract shall be in such form and shall contain such terms as may be
agreed upon by the agency and the district; the district may agree to levy a
construction assessment against each tract of land benefited within the
subdistrict, to do all acts and things necessary therefor, to assign to the
lending agency the construction assessments as security for the loan and to
perform all such acts within such period of time as may be agreed to between
the district and the state or federal lending agency.
(3)
In the event that a state or federal lending agency pays over money to a
district pursuant to the terms of a loan contract and the district fails,
refuses or neglects to levy the construction assessments, to obtain or prepare
a benefit roll, to assign the construction assessments, or in any other manner
not to perform as it agreed to under the loan contract, the state or federal
lending agency shall have the right, at its election, to apply to the circuit
court for the county in which is located the largest part of the lands within
the subdistrict for a writ of mandamus, or any other order or writ, to require
the district, its directors, officers and agents to do such acts and things as
the district agreed to do under the terms of the loan contract. All costs,
charges and expenses pertaining to the issuance and execution of any such writ
or order shall be charged to and collected from the lands subject to the
construction assessments in addition to such construction assessments.
(4)
Upon the execution of a loan contract, the district shall record with the
county clerk for the county in which the lands within the subdistrict are
located, a certificate which shall state the date of the loan contract, the
maximum amount of the loan, the recording data pertaining to the recorded order
creating the subdistrict, the term of the loan and the rate of interest. Such
certificate shall give notice that all lands within the subdistrict determined
to be benefited by the construction of the works referred to in the engineering
plan will be subject to construction assessments thereafter to be levied. [1961
c.186 §2; 1991 c.459 §432a]
553.760 When land benefited by irrigation
project. No tract of land shall be considered to
be benefited by the construction, operation, maintenance or improvement of
irrigation works unless the owner of such land enters into an irrigation
contract with the district. The irrigation contract shall be in such form as
shall be prescribed by the district. Upon being executed the contract shall be
recorded with the county clerk of the county in which such lands are located
and the recording of the contract shall constitute notice that such lands are
subject to all maintenance and operation assessments thereafter levied and all
other assessments thereafter or theretofore levied by the district. [1961 c.186
§3]
553.810
[Repealed by 1969 c.691 §13]
APPEALS
553.815 Judicial review of tax or
assessment. Owners of any property against which an
assessment or tax has been levied may seek a review thereof under ORS 34.010 to
34.100. [1969 c.691 §15]
553.820
[Repealed by 1969 c.691 §13]
DISSOLUTION
553.850 Dissolution upon majority vote.
Any water control district may be dissolved whenever a majority vote of the
electors of the district voting at an election for such purpose favors the
dissolution. [1965 c.623 §28]
553.855 [1965
c.623 §29; repealed by 1971 c.727 §203]
553.860 [1965
c.623 §30; repealed by 1971 c.727 §203]
553.865 [1965
c.623 §31; repealed by 1971 c.647 §149]
553.870 [1965
c.623 §32; repealed by 1971 c.727 §203]
553.875 [1965
c.623 §33; repealed by 1971 c.727 §203]
553.880 [1965
c.623 §34; repealed by 1971 c.727 §203]
553.885 [1965
c.623 §§35,36; repealed by 1971 c.727 §203]
553.890 [1965
c.623 §37; repealed by 1971 c.727 §203]
553.895 [1965
c.623 §38; repealed by 1971 c.727 §203]
553.900 [1965
c.623 §39; repealed by 1971 c.727 §203]
553.905 [1965
c.623 §40; repealed by 1971 c.727 §203]
553.910 [1965
c.623 §41; repealed by 1971 c.727 §203]
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