8 chapters · 335 sections in this title.
ORS 264.110 Formation of domestic water supply district; sale of surplus water; exemptions
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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 domest…
ORS 264.114 Annexation where water supply affected by wildfire emergency; petition; provision of water
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(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. (2) The owner of a parcel of land may petition the county board to annex the land to a district if: (a) The land is su…
ORS 264.210 General powers of district
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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…
ORS 264.220 Disposal of taxes levied when organization declared invalid
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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 taxe…
ORS 264.240 Eminent domain authority; acquisition of property and property rights; obtaining or laying water pipelines
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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…
ORS 264.250 Authority to borrow money and issue general obligation bonds; place of payment
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(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 sect…
ORS 264.260 Issuance of revenue bonds
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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 distr…
ORS 264.270 Issuance of refunding bonds
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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]
ORS 264.280 Bond sale procedure
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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]
ORS 264.300 Tax assessment, levy and collection
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(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 …
ORS 264.306 Regulations concerning use of water and district property; shutoff of water for noncompliance; notice
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(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 r…
ORS 264.308 Requiring cash deposits of water users
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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]
ORS 264.310 Rates for water furnished; contracts to sell surplus water
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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 dome…
ORS 264.312 Increasing water rates; hearing; notice
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(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. (2) The public heari…
ORS 264.314 Shutting off water if delinquent in payment of water bill
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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]
ORS 264.320 Refund of cost of water main extension
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If any person is required by a district to pay the cost of extending a water main adjacent to property other than the persons 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 th…
ORS 264.330 Hydrants for fire protection; regulations; rates
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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 th…
ORS 264.335 Authority to exercise powers of sanitary district
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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: (1) The district obtains all or part of its supply of water f…
ORS 264.336 Exercise of sanitary district powers in territory covered by 2020 major disaster declaration related to wildfires
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Notwithstanding ORS 264.335, a district may exercise the powers granted to sanitary districts under ORS 450.005 to 450.245 if: (1) The district meets the requirements of ORS 264.335 (1), (3) and (4) (2023 Edition); (2) Any part of the territory of the district is covered by the m…
ORS 264.340 Purchase and maintenance of fire equipment; contracting for fire protection; elections to authorize; tax levy to defray expense; application of section
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(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, o…
ORS 264.342 Adoption of fire prevention code
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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]
ORS 264.344 Scope of fire prevention code
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The fire prevention code referred to in ORS 264.342 may provide reasonable regulations relating to: (1) Prevention of fires. (2) Storage and use of combustibles and explosives. (3) Construction, maintenance and regulation of fire escapes. (4) Means and adequacy of exit in case of…
ORS 264.346 Violation of code or failure to remove hazards prohibited
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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 pr…
ORS 264.348 Copies of code to be filed with Department of State Fire Marshal and posted at fire stations
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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]
ORS 264.349 Revoking authority to furnish fire protection services; consequences
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(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. (2) Upon revocation of the authority of a district to furnish fire protection service under…
ORS 264.350 Street lighting system; contracts for electricity; tax levy and service charges to maintain and purchase electric energy
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(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 fur…
ORS 264.352 Drainage work
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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 welfa…
ORS 264.360 Cooperative agreements; bonding power
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(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. (2) Each district may issue and sell general obligation, …
ORS 264.362 Initiation of proceedings; survey and report of project
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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 bene…
ORS 264.364 Board action on report
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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]
ORS 264.366 Declaration of intention; notice of improvement and hearing
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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 not…
ORS 264.368 Manner of doing work
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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]
ORS 264.370 Hearing; assessment ordinance
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(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 hearin…
ORS 264.372 Methods of assessment; alternative financing
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The district board in adopting a method of assessment of the costs of the improvement may: (1) Use any just and reasonable method of determining the extent of any improvement district consistent with the benefits derived. (2) Use any method of apportioning the sum to be assessed …
ORS 264.374 Appeal from assessment
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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 …
ORS 264.376 Notice of assessment
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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 cir…
ORS 264.378 Assessment lien records; foreclosure proceedings
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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 …
ORS 264.380 Errors in assessment calculations
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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 distr…
ORS 264.382 Deficit assessment
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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 p…
ORS 264.384 Excess assessment; rebate
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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…
ORS 264.386 Abandonment of proceedings
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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 refun…
ORS 264.388 Guides in testing validity of proceedings; proceedings to correct
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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 or…
ORS 264.390 Reassessment
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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, de…
ORS 264.394 Enforcement of assessment lien
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(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 t…
ORS 264.410 Board; qualification; terms
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(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…
ORS 264.417 Position numbers for commissioners; certification of position number
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(1) Each office of commissioner shall be designated by number as Position No. 1, Position No. 2 and so forth. (2) The secretary of a district shall assign a position number to each office on the board. The number so assigned shall be certified by the secretary to the commissioner…
ORS 264.420 Calling of special elections
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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]
ORS 264.430 Proceedings of board; election of officers; employment of personnel
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(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. (2) The bo…
ORS 264.470 Deposit and withdrawal of moneys; annual reports; records
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(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 t…
ORS 264.480 Board of commissioners after merger or consolidation; duties; terms; filing boundary change with county assessor and Department of Revenue
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(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 governm…