Chapter 550 — Chapter 550
47 sections in this chapter.
ORS 550.005 [Formerly part of 550.010; repealed by 1969 c.50 §1]
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[Repealed or reserved.]
ORS 550.010 [Amended by 1957 c.636 §1; part renumbered 550.005; repealed by 1969 c.50 §1]
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[Repealed or reserved.]
ORS 550.020 [Repealed by 1969 c.50 §1]
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[Repealed or reserved.]
ORS 550.030 [Repealed by 1969 c.50 §1]
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[Repealed or reserved.]
ORS 550.040 [Amended by 1957 c.636 §2; repealed by 1969 c.50 §1]
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[Repealed or reserved.]
ORS 550.050 [Amended by 1957 c.636 §3; repealed by 1969 c.50 §1]
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[Repealed or reserved.]
ORS 550.060 [Amended by 1957 c.636 §4; repealed by 1969 c.50 §1]
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[Repealed or reserved.]
ORS 550.070 [Amended by 1957 c.636 §5; repealed by 1969 c.50 §1]
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[Repealed or reserved.]
ORS 550.080 [Amended by 1957 c.636 §6; repealed by 1969 c.50 §1]
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[Repealed or reserved.]
ORS 550.090 [Repealed by 1969 c.50 §1]
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[Repealed or reserved.]
ORS 550.100 [Repealed by 1969 c.50 §1]
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[Repealed or reserved.]
ORS 550.110 [Repealed by 1969 c.50 §1]
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[Repealed or reserved.]
ORS 550.120 [Repealed by 1969 c.50 §1]
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[Repealed or reserved.]
ORS 550.130 [Repealed by 1969 c.50 §1]
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[Repealed or reserved.]
ORS 550.140 [Amended by 1957 c.636 §7; repealed by 1969 c.50 §1]
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[Repealed or reserved.]
ORS 550.150 Purpose of ORS 550.150 to 550.410. The Legislative Assembly declares the lands protected by the Columbia River levee system in northern Multnomah County to be of statewide and regional significance because they contain significant industrial and economic lands, one of the state’s most important transportation hubs, the Portland International Airport, the second largest source of drinking water in Oregon and a number of important natural assets. This area also represents a significant cultural and community history of flooding, displacement and loss, a history that should be remembered so that it is not repeated. The purpose of ORS 550.150 to 550.410 is to create a new special district that has the legislative authority and financial capability to carry out the purposes set forth in ORS 550.170 (1). [2019 c.621 §1]
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[Repealed or reserved.]
ORS 550.160 Definitions. As used in ORS 550.150 to 550.410, unless the context requires otherwise
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(1) “Board of directors” means the nine-member board of directors of the urban flood safety and water quality district selected under ORS 550.195. (2) “District” means the urban flood safety and water quality district created under ORS 550.170. (3) “Elector” means an individual q…
ORS 550.170 Urban flood safety and water quality district; boundaries; vested water rights unimpaired. (1) An urban flood safety and water quality district is created for the purpose of acquiring, purchasing, constructing, improving, operating and maintaining works in order to
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(a) Reduce the risk of flooding; (b) Protect people and property from flood risk; (c) Respond to flood emergencies; (d) Convey water for the purpose of flood safety; (e) Contribute to improved water quality, fish and wildlife habitat, floodplain restoration and landscape resilien…
ORS 550.180 District electors and landowners authorized to contest validity of board proceeding, action, order, contract, decision or enactment. (1)(a) Any elector or owner of land within the district may bring any proceeding that the board of directors is authorized to bring under ORS 33.710
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(b) The proceeding shall be governed by ORS 33.720, except as otherwise provided in this section. (c) For purposes of this section, the district shall be considered a municipal corporation as defined in ORS 33.710. (2) The proceeding shall be brought in Multnomah County Circuit C…
ORS 550.190 Initial district board. (1) The initial district board of the urban flood safety and water quality district shall consist of 17 directors appointed as follows
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(a) One director representing the City of Portland appointed by the Portland city council. (b) One director representing the City of Gresham appointed by the Gresham city council. (c) One director representing the City of Fairview appointed by the Fairview city council. (d) One d…
ORS 550.195 Board of directors. (1) The board of directors shall consist of nine voting directors selected as follows
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(a) One director shall be elected at large by the electors. A candidate for this position must be an elector. (b) Four directors shall be elected at large by the electors. A candidate for any of these positions must be an elector who: (A) Resides within the managed floodplain; (B…
ORS 550.196 Terms of first directors. (1)(a) Notwithstanding ORS 550.195 (2), the first directors elected at a regular district election shall determine their terms by lot so that the terms of two directors expire on the first June 30 that occurs at least two years after the date of the regular district election at which they were elected and the terms of three directors expire on the first June 30 that occurs at least four years after the date of the regular district election at which they were elected
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(b) Notwithstanding paragraph (a) of this subsection, if the first elected directors are elected at an election other than a regular district election under ORS 255.335, the directors shall take office upon certification of the election under ORS 255.295 (2) and shall serve until…
ORS 550.200 Organizational meeting of board of directors; oath; officers; meetings; quorum. (1) As soon as practicable after the election and appointment of the directors to the board of directors, the directors shall meet to qualify all individuals elected or appointed as directors by administering an oath of office and to elect the officers of the board of directors
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(2) The directors shall elect from their number a chair and vice chair. Such officers have the authority and duties granted them by the board of directors. (3) The board of directors shall meet at times and places that the board of directors considers necessary or convenient. (4)…
ORS 550.210 Duties of board of directors. The board of directors shall
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(1) Manage and conduct the affairs of the district. (2) Employ and appoint agents and employees and prescribe the duties and fix the compensation of the agents and employees. (3) Establish reasonable bylaws and rules for the administration of the affairs of the district. (4) Adop…
ORS 550.220 Stakeholder advisory committees. The board of directors may appoint stakeholder advisory committees to
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(1) Advise the board of directors on aspects of the operation of the district; (2) Assist with community outreach and citizen participation; and (3) Advise on such other matters as the board of directors deems necessary or beneficial to the district. [2019 c.621 §8; 2022 c.16 §8]…
ORS 550.230 General powers of district. To carry out the purposes for which it was created, the urban flood safety and water quality district is a body corporate and has the power to, without limitation
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(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 in such property, located inside or outside the boundaries of the manage…
ORS 550.240 Eminent domain. (1) Except as otherwise provided in this section, the exercise of the power of eminent domain by the urban flood safety and water quality district pursuant to ORS 550.230 (4) shall be governed by ORS 35.015 to 35.530
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(2) The district’s authority to condemn property is limited to property located: (a) Within the managed floodplain; or (b) Outside the managed floodplain if the board of directors deems such property to be necessary for flood control within the managed floodplain. (3) The distric…
ORS 550.250 District activities as urban services. Activities of the urban flood safety and water quality district are deemed to be urban services, as defined in ORS 195.065, if the district engages in the activities to manage flood control and safety, water quality or surface water. [2019 c.621 §11]
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[Repealed or reserved.]
ORS 550.260 Plan for watershed and habitat improvement and landscape resilience; decennial review. (1)(a) The urban flood safety and water quality district shall prepare a plan for watershed and habitat improvement and landscape resilience within the managed floodplain. The watershed improvement plan shall be coordinated with plans or programs of other jurisdictions with authority over watershed management within the managed floodplain
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(b) The urban flood safety and water quality district may seek funding from other sources if the district determines that the watershed improvement plan would benefit the region or the state. (2)(a) A watershed improvement plan prepared pursuant to this section must: (A) Include …
ORS 550.270 Construction of district works. (1) The urban flood safety and water quality district may undertake construction of works upon approval of the proposed works by the board of directors
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(2) The board of directors shall obtain engineering plans for any works that require engineering. [2019 c.621 §13; 2022 c.16 §12]
ORS 550.280 District contracts subject to Public Contracting Code. The urban flood safety and water quality district is a contracting agency as defined in ORS 279A.010 for all applicable requirements of the Public Contracting Code. [2019 c.621 §14]
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[Repealed or reserved.]
ORS 550.290 Construction on public land or right of way or along public watercourse. (1) The urban flood safety and water quality district may construct works
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(a) Across or along any street or public highway, or over any lands, that are the property of the state or of any political subdivision of the state. (b) Across or along any stream of water or watercourse, any ground water resource or any affected lands that are the property of t…
ORS 550.300 Financing construction, operation or maintenance of district works; local option taxes prohibited. (1) The board of directors may finance the construction, operation or maintenance of district works by the following means
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(a) Assessments made under ORS 550.310 against the benefited lands in the district, with or without the issuance of works bonds. (b) Service and user charges imposed under ORS 550.330, with or without the issuance of revenue bonds. (c) Issuance of general obligation bonds under O…
ORS 550.310 Assessments against benefited lands for district works; apportionment; hearing; works bonds. (1) All or part of the cost of building, constructing, purchasing, operating, maintaining or improving works of the urban flood safety and water quality district may be assessed against the lands to be benefited by the works. The board of directors shall determine the portion of the cost, if any, that is to be paid from the general fund of the district and the portion that is to be paid by assessments against the lands benefited
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(2) Assessments shall be apportioned by the board of directors among benefited lands in accordance with the special and peculiar benefit to be received from the district works by each lot or parcel of land. For parcels of land, or any portion of the parcels, in the district that …
ORS 550.312 Annual charge payable by benefited lands for district works; apportionment; assessment and collection. (1)(a) The board of directors of the urban flood safety and water quality district may impose an annual charge to pay the costs of operating and maintaining district works that directly benefit lands situated within the managed floodplain of the district
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(b) If the board of directors elects to impose the charge, it shall determine the total amount of revenues required to pay the costs described in paragraph (a) of this subsection, including the estimated delinquencies on payment of the charge, for the succeeding year. (c) The tot…
ORS 550.314 Fee on cities and counties for district operations and works; amount based on population; indexing; local charge to pay fee. (1)(a) The board of directors of the urban flood safety and water quality district may adopt an ordinance imposing a flood safety intergovernmental fee on incorporated cities and counties with territory situated within the district boundaries
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(b) The purpose of this fee is to compensate the district for the overall fixed costs of operating the district and operating and maintaining district works that are not compensated for by the annual charge imposed under ORS 550.312. (2)(a) The fee shall be imposed by the distric…
ORS 550.320 Ad valorem property taxes; Local Budget Law applicable. (1)(a) The urban flood safety and water quality district may annually impose, assess and collect a tax on all taxable property located in the district in an amount sufficient to pay the principal and interest due in the fiscal year on outstanding general obligation bonds issued by the district
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(b) The tax imposed pursuant to this subsection shall be applied only in payment of the principal and interest due on bonds issued by the district. In addition, the district may apply any otherwise unobligated district funds toward payment of the principal and interest due on the…
ORS 550.330 Service and user charges for district works; collection agreements; revenue bonds. (1) To pay the costs of acquiring, purchasing, constructing, improving, operating and maintaining district works, the board of directors may adopt an ordinance to
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(a) Impose and collect service charges, fees or rates on the owners or occupants of property served by the works of the district. (b) Impose and collect user charges, fees and tolls for connection to or use of works, facilities and services of the district. (2) Charges, fees, rat…
ORS 550.340 General obligation bonds. (1)(a) Upon approval of the electors of the urban flood safety and water quality district, the district may issue general obligation bonds. The district may not issue or have outstanding at the time of issuance general obligation bonds in a principal amount that exceeds two percent of the real market value of all taxable property in the district, calculated as provided under ORS 308.207
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(b) Bonds issued under this section may be issued solely for the purpose of financing: (A) Capital construction or capital improvements within the meaning of Article XI, section 11, of the Oregon Constitution; (B) Capital construction or improvements within the meaning of Article…
ORS 550.350 Loan agreements with state and federal agencies; enforcement by order of circuit court; filing of loan certificate. (1) The urban flood safety and water quality district may enter into a loan agreement with a state or federal agency. The loan agreement shall be in such form and contain such terms as the district and the agency may agree to
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(2) The district may agree to impose and collect assessments against each tract of land benefited by the works or services financed by the loan agreement, to take all actions necessary to impose and collect the assessments, to assign to the lending agency the assessments as secur…
ORS 550.360 Dissolution of drainage or water control district or corporation; transfer of assets and liabilities to district; debt distribution plan; zone committee for continuity. (1)(a) Notwithstanding any other provision of law, the urban flood safety and water quality district may, by resolution of the board of directors, dissolve any drainage district formed and operating under ORS chapter 547, any drainage district organized and operating under ORS 548.005 to 548.120 or any corporation incorporated for any of the purposes listed in ORS 554.020, that is operating entirely within the boundaries of the urban flood safety and water quality district
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(b) The date of dissolution set forth in the resolution may not be later than 180 days following the date on which the board of directors adopts the dissolution resolution. (c) The dissolved district or corporation shall be considered annexed by and merged into the urban flood sa…
ORS 550.362 Continuity of initial district board membership following dissolution of district or corporation under ORS 550.360. (1) Following dissolution under ORS 550.360 of a district or corporation, the members of the initial district board appointed under ORS 550.190 (1)(i), (j) or (k) by the board of supervisors of the dissolved drainage district, or under ORS 550.190 (1)(L) by the board of directors of the dissolved corporation, shall continue to serve on the initial district board until the initial district board is replaced by the board of directors
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(2) If one or more of these initial district board positions becomes vacant before the members of the board of directors take office, the initial district board shall appoint a replacement director who resides or owns property, or represents the owner of property, within the boun…
ORS 550.370 Notice requirements. (1) Except as provided in subsection (2) of this section, when notice is required to be given by publication under ORS 550.150 to 550.410, the notice must be published in a newspaper of general circulation within the boundaries of the urban flood safety and water quality district, or if there is no such newspaper, in a newspaper of general circulation in Multnomah County
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(2) This section does not apply to provision of notice for an election. [2019 c.621 §23]
ORS 550.380 Election laws applicable. (1) ORS chapter 255 governs the nomination and election of the board of directors of the urban flood safety and water quality district and the conduct of all district elections
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(2) The electors may exercise the powers of the initiative and referendum regarding a district measure in accordance with ORS 255.135 to 255.205. [2019 c.621 §24]
ORS 550.390 Waterway pollution; penalty. (1) A person commits the crime of waterway pollution if the person
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(a) Throws, dumps or otherwise places, or permits to be thrown, dumped or otherwise placed, any rubbish, refuse or any other matter or object in any ditch, lateral, canal, slough or other waterway or conduit used in connection with any works or waterway under the control of the u…
ORS 550.400 Civil liability for remediation costs. (1) Regardless of any criminal prosecution or the result of a prosecution under ORS 550.390, the urban flood safety and water quality district or any other person injured by a violation of ORS 550.390 may bring a civil action to secure an injunction, damages or other appropriate relief against any and all persons whose actions caused the injury to a waterway described in ORS 550.390 owned or controlled by the district or person
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(2) Upon prevailing in such civil action, the plaintiff may recover damages measured by the total costs of remediating the injury actually incurred by the district or the person that owns or controls the injured waterway. [2019 c.621 §26]
ORS 550.410 Additional cause of action for certain impairments of district works. (1) As used in this section, “actionable condition” means a condition on public or private property that obstructs, clogs, damages, injures, reduces the efficiency of, impairs the usefulness of or otherwise has a negative impact on the district’s works
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(2) In addition to the remedies provided under ORS 550.390 and 550.400, when an actionable condition exists, the district may bring a civil action in Multnomah County Circuit Court against the person or persons responsible for creating or maintaining the actionable condition. (3)…