ORS Chapter 264

Chapter 264 — DomesticWater Supply Districts

2009 EDITION

DOMESTICWATER SUPPLY DISTRICTS

PUBLICORGANIZATIONS FOR COMMUNITY SERVICE

GENERALPROVISIONS

264.010 Definitions

264.015 Applicationof ORS chapter 255

FORMATION

264.110 Formationof domestic water supply district; sale of surplus; exemptions

POWERS

264.210 Generalpowers of district

264.220 Disposalof taxes levied when organization declared invalid

264.240 Eminentdomain authority; acquisition of property and property rights; obtaining orlaying water pipelines

264.250 Powerto borrow money and issue general obligation bonds; place of payment

264.260 Issuanceof revenue bonds

264.270 Issuanceof refunding bonds

264.280 Bondsale procedure

264.300 Taxassessment, levy and collection

264.306 Regulationsconcerning use of water and district property; shutoff of water fornoncompliance; notice

264.308 Requiringcash deposits of water users

264.310 Ratesfor water furnished; contracts to sell surplus water

264.312 Increasingwater rates; hearing; notice

264.314 Shuttingoff water if delinquent in payment of water bill

264.320 Refundof cost of water main extension

264.330 Hydrantsfor fire protection; regulations; rates

264.335 Authorityto exercise powers of sanitary district

264.340 Purchaseand maintenance of fire equipment; contracting for fire protection; electionsto authorize; tax levy to defray expense; application of section

264.342 Adoptionof fire prevention code

264.344 Scopeof fire prevention code

264.346 Violationof code or failure to remove hazards prohibited

264.348 Copiesof code to be filed with State Fire Marshal and posted at fire stations

264.349 Revokingauthority to furnish fire protection services; consequences

264.350 Streetlighting system; contracts for electricity; tax levy and service charges tomaintain and purchase electric energy

264.352 Drainagework

264.360 Cooperativeagreements; bonding power

IMPROVEMENTSAND ASSESSMENTS

264.362 Initiationof proceedings; survey and report of project

264.364 Boardaction on report

264.366 Resolutionof intention; notice of improvement and hearing

264.368 Mannerof doing work

264.370 Hearing;assessment ordinance

264.372 Methodsof assessment; alternative financing

264.374 Appealfrom assessment

264.376 Noticeof assessment

264.378 Assessmentlien records; foreclosure proceedings

264.380 Errorsin assessment calculations

264.382 Deficitassessment

264.384 Excessassessment; rebate

264.386 Abandonmentof proceedings

264.388 Guidesin testing validity of proceedings; proceedings to correct

264.390 Reassessment

264.394 Enforcementof assessment lien

BOARDOF COMMISSIONERS

264.410 Board;qualification; terms

264.417 Positionnumbers for commissioners; certification of position number

264.420 Callingof special elections

264.430 Proceedingsof board; election of officers; employment of personnel

264.470 Depositand withdrawal of moneys; annual reports; records

264.480 Boardof commissioners after merger or consolidation; duties; terms; filing boundarychange with county assessor and Department of Revenue

CONTRACTS

264.505 Agreementto supply additional water prior to approval of annexation petition

264.540 Firehydrants in city joined or annexed to district; reversion of water system incity to district

264.550 Contractsbetween district and city joined or annexed to district

EMPLOYEES’RETIREMENT SYSTEM

264.810 Employees’retirement system authorized

264.820 Districtto budget for retirement system

264.830 Employeecontributions

264.840 Limitationon membership

MISCELLANEOUS

264.875 Assumptionof debts and obligations of district upon dissolution

PENALTIES

264.990 Penalties

GENERALPROVISIONS

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

(1)“Board” or “board of commissioners” means the governing body of a district.

(2)“District” means a domestic water supply district formed under this chapter.

(3)“County” means the county in which the district, or the greater portion of thetaxable assessed value of the district, is located.

(4)“County board” means the county court or board of county commissioners of thecounty.

(5)“County clerk” means the county clerk of the county.

(6)“Owner” means the holder of the record title to real property or the vendeeunder a land sale contract, if there is such a contract. [Amended by 1969 c.666§1; 1983 c.83 §38]

264.015Application of ORS chapter 255. (1) ORS chapter 255 governs thefollowing:

(a)The nomination and election of commissioners.

(b)The conduct of district elections.

(2)The electors of a district may exercise the powers of the initiative andreferendum regarding a district measure, in accordance with ORS 255.135 to255.205. [1983 c.350 §105]

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

FORMATION

264.110Formation of domestic water supply district; sale of surplus; exemptions. A domesticwater supply district may be formed for the purpose of supplying inhabitants ofthe district with water for domestic purposes as provided by this chapter; and,in connection therewith, may supply, furnish and sell for any use any surpluswater over and above the domestic needs of its inhabitants to persons livingoutside the district, or to other water districts, school districts or otherlocal governments as defined in ORS 174.116. All railroad rights of way orimprovements thereon or rolling stock moving thereover shall be excluded fromdistricts organized after June 9, 1943, and for purposes of ORS 264.210 to264.320, 264.410, 264.420, 264.430, 264.470 and this section shall not beconsidered as property within the boundaries of such districts, unless theowner of the railroad property expressly consents to its inclusion. [Amended by1969 c.666 §2; 2003 c.802 §81]

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

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

264.120 [Repealed by1953 c.681 §13]

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

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

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

264.130 [Repealed by1953 c.681 §13]

264.140 [Amended by1955 c.213 §2; repealed by 1971 c.647 §149]

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

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

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

264.150 [Repealed by1953 c.681 §13]

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

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

264.160 [Amended by1969 c.666 §11; repealed by 1971 c.727 §203]

264.170 [Amended by1955 c.676 §1; 1961 c.369 §1; 1969 c.666 §12; repealed by 1971 c.647 §149]

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

264.190 [Formerly264.415; repealed by 1983 c.350 §331a]

POWERS

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