Chapter 264 — Chapter 264

ORS 264.010 Definitions. As used in this chapter, unless the context requires otherwise

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ORS 264.015 Application of ORS chapter 255. (1) ORS chapter 255 governs the following

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ORS 264.020 [1955 c.676 §3; 1969 c.666 §49; repealed by 1971 c.647 §149]

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ORS 264.110 Formation of domestic water supply district; sale of surplus water; exemptions. A domestic water supply district may be formed for the purpose of supplying inhabitants of the district with water for domestic purposes as provided by this chapter; and, in connection therewith, may supply, furnish and sell for any use any surplus water over and above the domestic needs of its inhabitants to persons living outside the district, or to other water districts, school districts or other local governments as defined in ORS 174.116. All railroad rights of way or improvements thereon or rolling stock moving thereover shall be excluded from districts organized after June 9, 1943, and for purposes of ORS 264.210 to 264.320, 264.410, 264.420, 264.430, 264.470 and this section shall not be considered as property within the boundaries of such districts, unless the owner of the railroad property expressly consents to its inclusion. [Amended by 1969 c.666 §2; 2003 c.802 §81]

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ORS 264.114 Annexation where water supply affected by wildfire emergency; petition; provision of water. (1) Notwithstanding ORS 198.750, 198.755, 198.760, 198.765, 198.775, 198.850, 198.855 and 198.857, land may be annexed to a district as provided in this section

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ORS 264.115 [1953 c.681 §2; 1955 c.213 §1; 1969 c.666 §3; repealed by 1971 c.727 §203]

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ORS 264.118 [1953 c.681 §3; 1955 c.110 §1; 1969 c.666 §4; repealed by 1971 c.727 §203]

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ORS 264.120 [Repealed by 1953 c.681 §13]

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ORS 264.121 [1953 c.681 §4; 1969 c.666 §5; repealed by 1971 c.727 §203]

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ORS 264.124 [1953 c.681 §§5,7; 1969 c.666 §6; repealed by 1971 c.727 §203]

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ORS 264.127 [1953 c.681 §6; 1969 c.666 §50; repealed by 1971 c.647 §149 and by 1971 c.727 §203]

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ORS 264.130 [Repealed by 1953 c.681 §13]

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ORS 264.140 [Amended by 1955 c.213 §2; repealed by 1971 c.647 §149]

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ORS 264.142 [1953 c.681 §8; 1969 c.666 §7; repealed by 1971 c.647 §149]

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ORS 264.144 [1953 c.681 §9; 1969 c.666 §8; repealed by 1971 c.647 §149]

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ORS 264.148 [1953 c.681 §10; repealed by 1971 c.647 §149 and by 1971 c.727 §263]

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ORS 264.150 [Repealed by 1953 c.681 §13]

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ORS 264.154 [1953 c.681 §11; 1969 c.666 §9; repealed by 1971 c.727 §203]

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ORS 264.156 [1953 c.681 §12; 1969 c.666 §10; repealed by 1971 c.647 §149 and by 1971 c.727 §203]

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ORS 264.160 [Amended by 1969 c.666 §11; repealed by 1971 c.727 §203]

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ORS 264.170 [Amended by 1955 c.676 §1; 1961 c.369 §1; 1969 c.666 §12; repealed by 1971 c.647 §149]

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ORS 264.180 [1955 c.676 §4; 1969 c.666 §13; repealed by 1971 c.647 §149 and by 1971 c.727 §203]

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ORS 264.190 [Formerly 264.415; repealed by 1983 c.350 §331a]

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ORS 264.210 General powers of district. A district formed under this chapter shall have the power to make contracts, hold and receive and dispose of real and personal property within and without its described boundaries and do all other acts and things which may be requisite, necessary or convenient in carrying out the objects of the district or exercising the powers conferred upon it by this chapter, sue and be sued, plead and be impleaded in all actions and suits or other proceedings brought by or against it. [Amended by 1969 c.666 §51; 1971 c.727 §79]

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ORS 264.220 Disposal of taxes levied when organization declared invalid. When an attempt has been made to organize a district under the provisions of this chapter and subsequently by a judgment of a court of competent jurisdiction it has been declared that the organization is invalid, but prior to such judgment the invalid organization has levied taxes, the funds derived from the levy shall be disposed of as follows

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ORS 264.230 [Amended by 1969 c.666 §52; repealed by 1971 c.727 §203]

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ORS 264.240 Eminent domain authority; acquisition of property and property rights; obtaining or laying water pipelines. A domestic water supply district created under this chapter may exercise the power of eminent domain both inside and outside of its boundaries, and may purchase, sell, condemn and appropriate real property, water, water rights and riparian rights. A district also has the right to purchase or obtain from other local governments as defined in ORS 174.116, water or water rights, or an interest in water or water rights, or an interest in a water pipeline owned or operated by any such local government, or to obtain jointly with any such local government, any right, or to lay and own individually or jointly with any local government, any water pipeline for the purposes specified in ORS 264.110. [Amended by 1969 c.666 §53; 2003 c.802 §82]

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ORS 264.250 Authority to borrow money and issue general obligation bonds; place of payment. (1) For the purpose of carrying into effect all or any powers granted by this chapter, the district, when authorized at any properly called election held for that purpose, may borrow money and sell and dispose of general obligation bonds. Except as otherwise provided by this section, the bonds shall never exceed in the aggregate two and one-half percent of the real market value of all taxable property within the boundaries of the district, computed in accordance with ORS 308.207

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ORS 264.260 Issuance of revenue bonds. In addition to the authority to issue general obligation bonds, the district, when authorized at any properly called election, shall have the power to sell and dispose of revenue bonds, and to pledge as security therefor all or any part of the unobligated net revenue of the district or system, to purchase, acquire, lay out, construct, reconstruct, extend, enlarge or improve a water system, or to install hydrants for fire protection along its mains, or to perform any of those acts in combination, for the purpose of obtaining water for the domestic use of consumers, or for fire protection, or both, within or without the boundaries of the district. The revenue bonds shall be issued in the same manner and form as are general obligation bonds of the district, but they shall be payable, both as to principal and interest, from revenues only, as specified by this section. The revenue bonds shall not be subject to the percentage limitation applicable to general obligation bonds and shall not be a lien upon any of the taxable property within the boundaries of such district, but shall be payable solely from such part of the revenues of the district as remain after payment of obligations having a priority and of all expenses of operation and maintenance of the district, including any taxes levied against it. All revenue bonds shall contain a clause reciting that both the principal and interest are payable solely from operating revenues of the district remaining after paying such obligations and expenses. [Amended by 1969 c.666 §15; 2003 c.802 §84]

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ORS 264.270 Issuance of refunding bonds. Refunding bonds of the same character and tenor as those replaced thereby may be issued pursuant to a resolution duly adopted by the board of commissioners without submitting to the electors the question of authorizing the issuance of such bonds. [Amended by 1969 c.666 §16]

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ORS 264.280 Bond sale procedure. All general obligation and revenue bonds, including refunding bonds, issued under ORS 264.250 to 264.270 shall be advertised and sold in the manner prescribed in ORS chapter 287A for the sale of bonds of cities of this state. [Amended by 2009 c.538 §11]

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ORS 264.290 [Amended by 1969 c.666 §17; repealed by 1971 c.647 §149]

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ORS 264.300 Tax assessment, levy and collection. (1) A district may assess, levy and collect taxes in an amount each year not to exceed one-fourth of one percent (0.0025) of the real market value of all taxable property within the limits of the district, computed in accordance with ORS 308.207. The proceeds of the tax shall be applied by it in carrying out the objects and purposes of ORS 264.110, 264.210 to 264.280 and 264.330 and for the purpose of financing the employees’ retirement system

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ORS 264.306 Regulations concerning use of water and district property; shutoff of water for noncompliance; notice. (1) Any district may adopt and promulgate regulations concerning the use of water and the property of the district. The board of commissioners may refuse to supply any building, place or premises with water where the user fails after five days’ written notice to comply with the regulations. The written notice shall be by first-class mail or shall be posted in some conspicuous place on the building, place or premises to which the supply of water may be shut off. When the notice is mailed, it shall be deemed given when it is deposited in the United States Post Office properly addressed with postage prepaid

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ORS 264.308 Requiring cash deposits of water users. Any district may require a reasonable cash deposit to insure payment for the use or rent of water to be furnished by the district. [1953 c.660 §1; 1969 c.666 §19]

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ORS 264.310 Rates for water furnished; contracts to sell surplus water. A district shall charge consumers for the water furnished and fix and collect the rates therefor. Rates charged may be fixed and classified according to the type of use and according to the amount of water used. Any contract entered into by a district with persons other than domestic users shall provide for immediate cancellation whenever no surplus supply of water exists over and above any and all demands of domestic users. A district also may contract with any person, or enter into intergovernmental agreements under ORS chapter 190, to supply, furnish and sell surplus water on such terms and conditions and at such rates as the board of commissioners considers advisable. [Amended by 1969 c.666 §55; 2003 c.802 §85]

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ORS 264.312 Increasing water rates; hearing; notice. (1) Whenever any increase is proposed in the existing rates charged water consumers by a district pursuant to ORS 264.310, the board of commissioners shall first provide for a public hearing on such proposal before any increased rates are ordered into effect

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ORS 264.314 Shutting off water if delinquent in payment of water bill. In case prompt payment of water rent or charge is not made, a district may shut off the water supply to the building, place or premises to which the district supplied the water. [1953 c.660 §2; 1969 c.666 §56]

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ORS 264.320 Refund of cost of water main extension. If any person is required by a district to pay the cost of extending a water main adjacent to property other than the person’s own so that water service for domestic use is provided for such other property without further extension of the water main, the district shall require the owner of the other property, prior to providing water service to that property, to refund to the person required to pay the cost of extending the water main, a pro rata portion of the cost of the extension. The right to require such refund shall not continue for more than 10 years after the date of installation of the extension of the water main. The amount to be refunded shall be determined by the district and such determination shall be final. [Amended by 1969 c.666 §21]

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ORS 264.330 Hydrants for fire protection; regulations; rates. Any district may install hydrants for fire protection along its mains at such points as its board of commissioners may determine, and furnish water for such purpose. The board shall establish, from time to time, regulations governing such installations, and furnishing of water therefrom and any rates and charges thereon. No equipment other than the hydrants and water therefor shall be furnished at the general expense. [Amended by 1969 c.666 §22]

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ORS 264.335 Authority to exercise powers of sanitary district. In addition to the other powers granted to districts under this chapter, after holding a public hearing on the question, a district may exercise the powers granted to sanitary districts under ORS 450.005 to 450.245 if

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ORS 264.336 Exercise of sanitary district powers in territory covered by 2020 major disaster declaration related to wildfires. Notwithstanding ORS 264.335, a district may exercise the powers granted to sanitary districts under ORS 450.005 to 450.245 if

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ORS 264.340 Purchase and maintenance of fire equipment; contracting for fire protection; elections to authorize; tax levy to defray expense; application of section. (1) Any district, when authorized by the electors as provided by this subsection, may purchase fire apparatus and equipment and maintain, service and operate the same, and may enter into intergovernmental agreements under ORS chapter 190 for fire protection for its inhabitants, or do either or any combination of the foregoing. Such power shall only be given the board of commissioners by a majority of the votes cast by electors of the district at a special election called for such purpose by the board

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ORS 264.342 Adoption of fire prevention code. A district which has provided fire protection under ORS 264.340 may, in accordance with ORS 198.510 to 198.600, adopt a fire prevention code. [1953 c.206 §1; 1969 c.666 §24; 1971 c.268 §23; 1971 c.647 §39]

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ORS 264.344 Scope of fire prevention code. The fire prevention code referred to in ORS 264.342 may provide reasonable regulations relating to

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ORS 264.346 Violation of code or failure to remove hazards prohibited. When a fire prevention code has been adopted as provided in ORS 264.342, no person shall violate the provisions of the code or fail to remove hazards found on inspection within the time set by the inspecting officer, after written notice to either the owner or occupant of such premises, or burn waste materials or trash in an unguarded manner without a permit, if a permit is required by the code. [1953 c.206 §3]

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ORS 264.348 Copies of code to be filed with Department of State Fire Marshal and posted at fire stations. Copies of the fire prevention code referred to in ORS 264.342 shall be filed with the Department of the State Fire Marshal and a copy shall be posted at each fire station within the domestic water supply district. [1953 c.206 §4; 2003 c.802 §87; 2021 c.539 §110]

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ORS 264.349 Revoking authority to furnish fire protection services; consequences. (1) The authority of a district to furnish fire protection service under ORS 264.340 may be revoked by a majority vote of the electors voting at a special election called for that purpose

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ORS 264.350 Street lighting system; contracts for electricity; tax levy and service charges to maintain and purchase electric energy. (1) Any district, when authorized by the electors, may install, maintain and operate a system, or systems, of street, road and highway lights. Lights shall be maintained upon streets, roads, intersections or other places as, in the judgment of the board of commissioners, will furnish the best lighting service to the residents within the district

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ORS 264.352 Drainage work. Any district may perform drainage work for the purpose of reclaiming real property located within the district, protecting real or personal property located within the district from the effects of water, promoting sanitation, providing for the public health, convenience and welfare or providing services of public utility or benefit. The district may use all applicable powers granted to it by this chapter, including the rights and powers of eminent domain, in performing the drainage work authorized by this section. [1959 c.381 §2; 1969 c.666 §27]

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