8 chapters · 335 sections in this title.
ORS 261.371 Authority to issue and sell revenue bonds
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Notwithstanding any other provision of law, revenue bonds issued and sold under this chapter may be issued and sold as prescribed in ORS chapter 287A. [1975 c.642 §7 (enacted in lieu of 261.370); 1979 c.558 §25; 1981 c.584 §1; 2007 c.783 §82]
ORS 261.375 Election to authorize district bond issue
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(1) Except as provided in ORS 261.355 (3) and subject to ORS 261.355 (10), before any district issues general obligation or revenue bonds, other than general obligation refunding, revenue refunding or advance refunding bonds, the question of whether the bonds shall be issued shal…
ORS 261.380 Refunding district indebtedness
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(1) The power to refund indebtedness approved by the electors of the district is vested in the board of directors and may be exercised by adoption of a resolution providing therefor. It shall not be necessary for the board to submit the question of the proposed refunding to the e…
ORS 261.390 Property taxable; time and manner of tax levy and collection
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All taxes provided for in this chapter shall be levied upon all real and personal property situated within the boundaries of the district and by law taxable for state and county purposes. Such taxes shall be levied and collected at the time and in the manner provided for levy and…
ORS 261.405 Board of directors; election; qualifications
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(1) The management of a peoples utility district shall be vested in a board of five directors. (2) Upon formation of a district, annexation, consolidation, merger and after each decennial United States Census, the board of directors shall by ordinance divide the district into fi…
ORS 261.410 Nomination and election of directors of established districts
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(1) Except as otherwise provided in this chapter, directors shall be nominated and elected by the electors of the subdivision such director represents at time of holding the next general election. (2) Nominating petitions must be furnished by the district. [Amended by 1973 c.796 …
ORS 261.415 Vacancy in office of director
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(1) The office of director shall be considered vacant: (a) Upon the failure of the person elected or appointed to the office to qualify for it not later than 30 days after the time the term of office commences; (b) Upon the occurrence of any event listed in ORS 236.010; or (c) Up…
ORS 261.420 Terms of office of directors
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Of the board of directors elected at the next general election following creation of the district, three shall hold office for four years, and two shall hold office for two years, and until their successors are elected and qualified, the length of the respective terms to be deter…
ORS 261.425 Officers of board
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(1) The board shall choose one of its members president, one vice president, and one treasurer. The board shall choose a secretary of the district, who may or may not be a member of the board. In the absence or disability of the president, the vice president shall act as presiden…
ORS 261.430 Board meetings
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(1) A majority of members of the board of directors shall constitute a quorum for transaction of official business. The decision of a majority of the board shall be deemed to be the act or decision of the board. No vacancy of less than a majority of members of the board shall imp…
ORS 261.445 Appointment and removal of district manager; qualifications; salary; acting manager; powers and duties
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(1) The board, before or at the time the district commences construction or operation of any utility or service, shall appoint a manager, who shall be an experienced executive with administrative ability. The manager shall be appointed for an indefinite time and be removable at t…
ORS 261.460 Legislative function of board
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(1) The board of directors shall constitute the legislative body of the district, and shall determine all questions of policy. (2) All legislative acts of the board shall be expressed in written resolutions or ordinances. Every ordinance enacted by the board shall be preceded by …
ORS 261.465 Board supervision and regulation of district utilities; fixing rates
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(1) The board shall supervise and regulate every utility owned, operated or owned and operated by the district, including the fixing and adjusting of rates, rentals, charges and classifications, contracts, practices and schedules, for or in connection with any service, product or…
ORS 261.470 Accounting system adopted by board; annual reports; annual audit
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(1) The board shall adopt the effective uniform system of accounts prescribed by the Federal Energy Regulatory Commission and require that accounting for receipts and disbursements for the district be accomplished in accordance with said system of accounts. (2) The board shall fi…
ORS 261.605 Testing validity of certain commission and board proceedings
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(1) The board of directors of a peoples utility district may by petition commence proceedings in the circuit court of the county in which the district, or the greater portion thereof, is located, for the purpose of having a judicial examination and judgment of the court as to re…
ORS 261.610 Nature of proceeding; notice; appearance to contest; court determinations
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(1) The proceedings shall be in the nature of a proceeding in rem, and the practice and procedure therein shall follow the practice and procedure of an action not triable by right to a jury, so far as consistent with the determination sought to be obtained, except as provided in …
ORS 261.615 Appeal to Court of Appeals
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Either party may appeal to the Court of Appeals at any time within 30 days after the rendering of the general judgment, which appeal must be heard and determined within three months from the time of taking such appeal. [Amended by 1979 c.562 §9; 2003 c.576 §408]
ORS 261.620 Guidance for court determination
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The court, in inquiring into the regularity, legality or correctness of any such proceedings, must disregard any error, irregularity or omission which does not affect the substantial rights of the parties to the special proceedings. It may approve the proceedings in part and disa…
ORS 261.625 Costs of proceeding
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The costs of the special proceedings may be allowed and apportioned between the parties in the discretion of the court.
ORS 261.630 Institution of proceeding by elector; directors as parties; notice
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(1) Any elector of the district within 30 days after the entry of any order, or the performance of any act mentioned in ORS 261.605, and for which a contest is provided by that section, may bring a like proceeding in the circuit court of the county where the district, or the grea…
ORS 261.635 Procedure exclusive
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No contest of any proceeding, matter or thing by this chapter provided to be had or done by the board of directors, by the district, by the county governing body or by any elector of the district, shall be had or maintained at any time or in any manner except as provided in ORS 2…
ORS 261.705 Authority to dissolve district; vote authorizing dissolution
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Any peoples utility district which has not received voter authorization within five years of its formation election to issue bonds in an amount sufficient to acquire or build a system to provide service within its district may be dissolved whenever a majority vote of the elector…
ORS 261.710 Call of election; effect of favorable vote
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(1) The dissolution election may be called by the board of directors on their own motion or by a petition filed with the directors of the district, signed by electors of the district equal in number to not less than three percent of the total number of votes cast for all candidat…
ORS 261.715 Directors as trustees
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Upon dissolution the directors then in office shall be deemed to be, and thereafter be referred to as, the trustees of the district, with power and authority in the name and in behalf of the district to sell, transfer and dispose of any and all property and assets of the district…
ORS 261.720 Inventory and sale of district property
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The trustees shall proceed at once to take, or cause to be taken, an inventory of all property of the district, its assets and liabilities, and shall sell the same as a whole or any part thereof upon such terms and conditions as the trustees deem advisable.
ORS 261.725 Disposal of sale proceeds
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(1) The proceeds derived from the sale shall be used to pay the indebtedness of the district. (2) If, after payment of all debts of the district, there remain any surplus funds to the credit of the district, such funds shall be turned over to the county treasurer of each county i…
ORS 261.730 Disposal of district books and records; termination of corporate existence
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After the affairs of the district have been fully settled, all books and records of the district shall be deposited by the trustees in the office of the county clerk of the county wherein the district or its principal part in area thereof is located, and the corporate existence o…
ORS 261.900 Construction
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(1) The rule of strict construction shall have no application to ORS 261.007, 261.010, 261.030, 261.065 to 261.118, 261.131 to 261.171, 261.190, 261.200, 261.220, 261.225, 261.305 to 261.325, 261.345, 261.355, 261.371, 261.375, 261.605, 261.635 and this section; but the same shal…