Chapter 264 — Chapter 264

ORS 264.360 Cooperative agreements; bonding power. (1) Districts may enter into cooperative agreements with each other providing for the joint acquisition, construction, ownership, use or control of facilities for the collection, treatment, distribution or supply of water

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ORS 264.362 Initiation of proceedings; survey and report of project. Whenever the district board considers it necessary, upon its own motion, or upon the petition of the owners of one-half of the property that benefits specially from the improvement, to make any improvement to be paid for in whole or in part by special assessment according to benefits, the board shall, by motion, cause a survey and written report for such project to be made and filed with the secretary. Unless the district board directs otherwise, the report shall contain

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ORS 264.364 Board action on report. After the report has been filed with the secretary, the district board may by motion approve the report, modify the report and approve it as modified, require additional or different information for the improvement, or it may abandon the improvement. [1969 c.686 §3]

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ORS 264.366 Declaration of intention; notice of improvement and hearing. After the district board approves the report as submitted or modified, the board shall, by resolution, declare its intention to make the improvement, provide the manner and method of carrying out the improvement and direct the secretary to give notice of the improvement. Such notice shall be given by two publications one week apart in a newspaper of general circulation within the district, and by mailing copies of the notice by registered or certified mail to the owners to be assessed for the costs of the improvement. The notice shall contain the following

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ORS 264.368 Manner of doing work. The district board may provide in the improvement resolution that the construction work will be done in whole, or in part, by the district, by a contract or by any other governmental agency, or by any combination thereof. [1969 c.686 §5]

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ORS 264.370 Hearing; assessment ordinance. (1) At the time of the public hearing on the proposed improvement, if the written remonstrances represent less than the amount of property required to defeat the proposed improvement, if such an improvement is one that can be remonstrated against, then on the basis of such hearing of written remonstrances and oral objections, if any, the district board may, by motion, at the time of the hearing or within 60 days thereafter, order the improvement to be carried out in accordance with the resolution, or the district board may, on its own motion, abandon the improvement

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ORS 264.372 Methods of assessment; alternative financing. The district board in adopting a method of assessment of the costs of the improvement may

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ORS 264.374 Appeal from assessment. Any person feeling aggrieved by the assessments made under an assessment ordinance may, within 20 days after the passage of the ordinance levying the assessment by the district board, appeal to the circuit court for the county in which the district is located. The appeal and the requirements and formalities thereof shall be heard, governed and determined, and the judgment thereon rendered and enforced, in the manner provided for appeals from assessments in ORS 223.005 to 223.105 and 223.205 to 223.930. The result of the appeal shall be a final and conclusive determination of the matter of the assessment, except with respect to the district right of reassessment provided by ORS 264.390. [1969 c.686 §9]

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ORS 264.376 Notice of assessment. Within 10 days after the ordinance levying assessments is adopted, the secretary of the district shall send by registered or certified mail a notice of assessment to the owner of the assessed property, and shall publish notice of the assessment twice in a newspaper of general circulation in the district, the first publication of which shall be made not later than 10 days after the date of the assessment ordinance. The notice of assessment shall recite the date of the assessment ordinance and shall state that upon the failure of the owner of the property assessed to make application to pay the assessment in installments within 10 days from the date of the first publication of notice, or upon the failure of the owner to pay the assessment in full within 30 days after the date of the assessment ordinance, then interest will commence to run on the assessment and the property assessed will be subject to foreclosure. The notice shall also set forth a description of the property assessed, the name of the owner of the property and the amount of each assessment. [1969 c.686 §10]

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ORS 264.378 Assessment lien records; foreclosure proceedings. After passage of the assessment ordinance by the district board, the secretary shall enter in the docket of district liens a statement of the amounts assessed upon each particular lot, parcel of land or portion thereof, together with a description of the improvement, the name of the owners and the date of the assessment ordinance. Upon such entry in the lien docket, the amount so entered shall become a lien upon the respective lots, parcels of land or portions thereof, which have been assessed for such improvement. All assessment liens of a district shall be superior and prior to all other liens or encumbrances on property in so far as the laws of the state permit. Interest shall be charged at such rate as the governing body of the district may provide on all unpaid assessments, together with an amount sufficient to pay a proportionate part of the cost of administering the bond assessment program and issuing the bonds authorized under ORS 264.250, including, but not limited to, legal, printing and consultant’s fees, such amount to be determined by the governing body, until paid on all amounts not paid within 30 days from the date of an assessment ordinance. After expiration of 30 days following the date of an assessment ordinance the district may proceed to foreclose or enforce collection of the assessment liens in the amount provided by the general law of the state. However, the district may, at its option, enter a bid for the property being offered at a foreclosure sale, which bid shall be prior to all bids except those made by persons who would be entitled under the laws of the state to redeem the property. [1969 c.686 §11; 1981 c.322 §7]

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ORS 264.380 Errors in assessment calculations. Claimed errors in the calculation of assessments shall be called to the attention of the secretary of the district, who shall determine whether there has been an error in fact. If the secretary finds that there has been an error in fact, the secretary shall recommend to the district board an amendment to the assessment ordinance to correct the error. Upon enactment of the amendment, the secretary shall make the necessary correction in the lien docket and send a correct notice of assessment by registered or certified mail. [1969 c.686 §12]

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ORS 264.382 Deficit assessment. In the event that an assessment is made before the total cost of the improvement is ascertained, and if it is found that the amount of the assessment is insufficient to defray the expenses of the improvement, the district board may, by motion, declare such deficit and prepare a proposed deficit assessment. The board shall set a time for a hearing of objections to such deficit assessment and shall direct the secretary to publish one notice thereof in a newspaper of general circulation in the district. After the hearing the board shall make a just and equitable deficit assessment by ordinance, which shall be entered in the lien docket as provided by ORS 264.362 to 264.394. Notices of the deficit assessment shall be published and mailed and the collection of the assessment shall be made in accordance with ORS 264.376 and 264.378. [1969 c.686 §13]

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ORS 264.384 Excess assessment; rebate. Upon the completion of the improvement project, if it is found that the assessment previously levied upon any property is more than sufficient to pay the costs of the improvements, the district board shall ascertain and declare the amount of the excess by ordinance. When declared, the excess amounts shall be entered on the lien docket as a credit upon the appropriate assessment. If any assessment has been paid, the person who paid it, or the legal representative of the person, shall be entitled to the repayment of the rebate credit, or the portion thereof which exceeds the amount unpaid on the original assessment. [1969 c.686 §14]

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ORS 264.386 Abandonment of proceedings. The district board may abandon proceedings for an improvement at any time prior to the final completion of the improvement. If liens have been assessed upon any property under ORS 264.362 to 264.394, they shall be canceled, and any payments made on such assessments shall be refunded to the person paying the same, the assigns or legal representatives of the person. [1969 c.686 §15]

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ORS 264.388 Guides in testing validity of proceedings; proceedings to correct. No improvement assessment shall be rendered invalid by reason of a failure of the improvement report to contain all of the information required by ORS 264.362, or by reason of a failure to have all of the information required to be in the improvement resolution, the assessment ordinance, the lien docket or notices required to be published and mailed, nor by the failure to list the name of, or mail notice to, the owner of any property as required by ORS 264.362 to 264.394, or by reason of any other error, mistake, delay, omission, irregularity or other act, jurisdiction or otherwise, in any of the proceedings or steps specified, unless it appears that the assessment is unfair or unjust in its effect upon the person complaining. The district board may remedy and correct all such matters by suitable action and proceedings. [1969 c.686 §16]

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ORS 264.390 Reassessment. Whenever any assessment, deficit assessment or reassessment for any improvement which has been made by the district is set aside, or its enforcement restrained by any court having jurisdiction thereof, or when the district board is in doubt as to the validity of an assessment, deficit assessment or reassessment, or any part thereof, the district board may make a reassessment in the manner provided by ORS 223.405 to 223.485. [1969 c.686 §17]

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ORS 264.392 [1969 c.686 §18; repealed by 1995 c.333 §37]

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ORS 264.394 Enforcement of assessment lien. (1) In case the whole or any portion of the cost of an improvement is assessed against the property directly benefited and the owner of the property fails to pay the amount of the lien, or any portion thereof, or the interest thereon, when they become due, the board may proceed to foreclose the lien in any manner provided by law for the collection of liens by municipalities and may provide by ordinance a general procedure for the collection of liens in any manner not inconsistent with law

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ORS 264.410 Board; qualification; terms. (1) Except as otherwise provided by this chapter, the power and authority given to districts is vested in and shall be exercised by a board of five commissioners, each of whom shall be an elector of the district. However, if there are fewer than 100 electors of the district, then any individual who owns and maintains real property within the district, pays taxes levied thereon by the district and is an elector registered anywhere in this state may serve as a commissioner. Except as provided by subsection (2) of this section, each commissioner shall be elected for a term of four years

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ORS 264.415 [Formerly subsection (3) of 264.410; 1971 c.647 §40; 1973 c.796 §20; 1975 c.647 §23; renumbered 264.190]

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ORS 264.417 Position numbers for commissioners; certification of position number. (1) Each office of commissioner shall be designated by number as Position No. 1, Position No. 2 and so forth

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ORS 264.420 Calling of special elections. The board of commissioners at any regular meeting may call a special election of the electors of the district. [Amended by 1969 c.666 §31; 1971 c.647 §41]

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ORS 264.430 Proceedings of board; election of officers; employment of personnel. (1) The board of commissioners shall hold meetings at such time and place within the district as it may determine. The board shall hold at least one regular meeting in each month on a day to be fixed by it, and may hold special meetings under such rules as it may make

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ORS 264.440 [Repealed by 1969 c.666 §70]

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ORS 264.450 [Amended by 1969 c.666 §33; repealed by 1969 c.666 §68 and by 1969 c.669 §21]

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ORS 264.455 [1961 c.564 §2; amended by 1969 c.666 §57; repealed by 1969 c.325 §4 and by 1969 c.666 §67]

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ORS 264.460 [Amended by 1969 c.666 §58; 1975 c.647 §24; repealed by 1983 c.350 §331a]

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ORS 264.470 Deposit and withdrawal of moneys; annual reports; records. (1) The money of a district shall be deposited in one or more qualified depositories, as defined in ORS 295.001, to be designated by the board of commissioners. The money shall be withdrawn or paid out only when previously ordered by vote of the board, and upon checks signed by the treasurer or such other person as may be authorized by resolution of the board. Receipts or vouchers, showing clearly the nature and items covered by each check drawn, shall be kept on file

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ORS 264.480 Board of commissioners after merger or consolidation; duties; terms; filing boundary change with county assessor and Department of Revenue. (1) Notwithstanding ORS 198.910 and 198.915, when, at an election on consolidation or merger, a majority of the votes cast in each affected district is in favor of merger or consolidation or when merger or consolidation of districts is approved by a final order of a local government boundary commission, if all but one of the affected districts together contain fewer than 20 percent of the electors or owners of land within the successor or surviving district, the district board of the district containing the largest number of electors or owners of land shall serve as the district board of the surviving or successor district. The terms of office of members of the district board of the surviving or successor district chosen under this subsection shall not be affected by the merger or consolidation

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ORS 264.505 Agreement to supply additional water prior to approval of annexation petition. Before approval of the board of commissioners is given to a petition for annexation, the board shall secure from the independent water supply source of the district, if any, an agreement to supply such additional water as may be needed. [1953 c.682 §§2,3,4,5,6; 1967 c.436 §1; 1969 c.79 §1; 1969 c.666 §35; 1971 c.727 §81]

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ORS 264.510 [Repealed by 1953 c.682 §7]

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ORS 264.511 [1969 c.79 §3; 1969 c.666 §69; repealed by 1971 c.727 §203]

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ORS 264.520 [Amended by 1955 c.163 §3; 1969 c.666 §36; repealed by 1971 c.727 §203]

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ORS 264.530 [Amended by 1969 c.666 §37; repealed by 1971 c.727 §203]

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ORS 264.540 Fire hydrants in city joined or annexed to district; reversion of water system in city to district. (1) If a city has been annexed to a district under ORS 198.866 and 198.867 or has been joined to a district under ORS 198.910, the city may designate the location and type of fire hydrants to be installed within the territory of the city. The board of commissioners shall establish the rates for the use of water therefrom as provided in ORS 264.330. The city and the district may by contract determine the entire matter of installation of hydrants and use of water therefrom and payment therefor

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ORS 264.550 Contracts between district and city joined or annexed to district. If a city has been annexed to a district under ORS 198.866 and 198.867 or has been joined to a district under ORS 198.910, the city and the district may

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ORS 264.560 Permissible services; agreement required. A domestic water supply district may perform services related to the administration or operation of a corporation organized to supply water for domestic purposes, including maintenance, repair or replacement of infrastructure owned or operated by the corporation, pursuant to an agreement entered into by the domestic water supply district with

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ORS 264.575 [1961 c.476 §§2, 3; 1965 c.135 §1; 1969 c.666 §39; repealed by 1971 c.727 §203]

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ORS 264.580 [1961 c.476 §4; 1969 c.666 §60; repealed by 1971 c.727 §203]

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ORS 264.585 [1961 c.476 §6; 1969 c.666 §61; repealed by 1971 c.727 §203]

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ORS 264.590 [1961 c.476 §5; 1969 c.666 §62; repealed by 1971 c.727 §203]

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ORS 264.610 [Amended by 1969 c.666 §40; 1971 c.601 §1; repealed by 1971 c.727 §203]

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ORS 264.620 [Amended by 1969 c.666 §41; repealed by 1971 c.727 §203]

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ORS 264.630 [Amended by 1969 c.666 §42; 1971 c.601 §3; repealed by 1971 c.727 §203]

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ORS 264.710 [1953 c.683 §1; repealed by 1969 c.666 §70]

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ORS 264.715 [1953 c.683 §2; 1969 c.666 §43; repealed by 1971 c.727 §203]

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ORS 264.720 [1953 c.683 §3; 1969 c.666 §63; repealed by 1971 c.727 §203]

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ORS 264.725 [1953 c.683 §§4,5; 1969 c.666 §44; repealed by 1971 c.727 §203]

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ORS 264.730 [1953 c.683 §6; 1969 c.666 §45; repealed by 1971 c.727 §203]

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ORS 264.735 [1953 c.683 §7; 1969 c.666 §46; repealed by 1971 c.727 §203]

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