Oregon Statutes - Chapter 261 - People's Utility Districts

261.005 Short title.
This chapter shall be known as the People�s Utility District Law.
261.007 Policy.
The purpose of this chapter is to implement the intent and purpose of section 12, Article XI, of the Oregon Constitution including authorization for the...
261.010 Definitions.
As used in this chapter, unless otherwise required by the context: (1) �Affected territory� means that territory proposed to be formed into, annexed to or...
261.015 [Renumbered 261.121]
261.020 [Repealed by 1973 c.796 §79]
261.025 Statutory provisions cumulative.
The provisions of this chapter are additional and cumulative to the provisions of any other law now or hereafter existing for the holding of elections...
261.030 Limit of authority to control existing utilities of electric cooperatives or cities.
Nothing contained in this chapter authorizes or empowers the board of directors of any people�s utility district to interfere with or exercise any control over...
261.035 Effect of chapter on charter provisions of cities and acquisition of plants.
Nothing in this chapter modifies in any manner any charter provisions of any city, or prohibits any city from acquiring and operating its own plant....
261.040 [Amended by 1979 c.558 §6; renumbered 261.118]
261.045 Procedure in absence of specific provision.
Where the procedure for formation of a district, annexation of territory to a district, consolidation of two or more districts, issuance of bonds and levying...
261.050 Taxation of district property.
(1) All property, real and personal, owned, used, operated or controlled by any people�s utility district, in or for the production, transmission, distribution or furnishing...
261.055 Special elections called by board.
When any people�s utility district desires to hold an election for the purpose of submitting to the electors of the district any question that may...
261.060 Election procedure.
Except as otherwise specifically provided in this chapter, every district election shall be conducted in accordance with ORS 255.005 to 255.035, 255.055, 255.075, 255.085, 255.215...
261.065 Application of initiative, referendum and recall laws.
The laws of this state regarding initiative, referendum and recall shall apply to people�s utility districts. [1979 c.558 §3] FORMATION; BOUNDARY CHANGES
261.105 Powers of district; formation; annexation; consolidation.
(1) People�s utility districts may be created as provided in this chapter. A people�s utility district may exercise all powers conferred by this chapter. (2)...
261.110 Areas includable in district; description of district in petition for election.
(1) People�s utility districts may consist of territory, contiguous or otherwise, within one or more counties, and may consist of one or more cities, or...
261.113 Petition or resolution for formation to propose special levy for certain purposes.
Electors� petitions and resolutions for formation of a district shall include a proposal for the authorization of the district to impose a special levy of...
261.115 Contents of electors� petition; certification.
(1) All electors� petitions shall contain a statement as to whether or not the petitioners are desirous of forming a utility district, or to annex...
261.118 Withdrawal from petition.
After a petition has been filed with the county clerk, no person may withdraw that person�s name from it. [Formerly 261.040]
261.120 [Amended by 1975 c.647 §17; repealed by 1979 c.558 §30]
261.121 Basis of computing percentage of petition signatures.
When the boundaries described in any petition include a part of a precinct, the vote of the entire precinct shall be used as a basis...
261.125 [Repealed by 1979 c.558 §30]
261.130 [Repealed by 1979 c.558 §30]
261.131 Period for county clerk to certify petition.
Within 10 days after receipt of an electors� petition the county clerk shall certify the sufficiency of signatures to the county governing body. [1979 c.558
261.135 [Repealed by 1979 c.558 §30]
261.140 [Repealed by 1979 c.558 §30]
261.141 Formation, annexation or consolidation by resolution; contents of resolution.
(1) In addition to the initiation of a people�s utility district formation, annexation or consolidation by electors� petition: (a) Formation of a district may be...
261.145 [Repealed by 1979 c.558 §30]
261.147 Resolution to remove territory not served by district; hearing; notice; election on question of removal; effect of removal.
(1) When any parcels of territory within an existing district are not being served by the district, the board of directors of the district may...
261.150 [Repealed by 1979 c.558 §30]
261.151 Hearing by Director of State Department of Energy on district formation; notice; report by director.
Upon certification of a petition for formation or adoption of a resolution by the county governing body for district formation, the county clerk shall submit...
261.155 [Repealed by 1979 c.558 §30]
261.160 [Repealed by 1979 c.558 §30]
261.161 Hearing by county governing body; notice; determination of boundaries.
(1) After certification of a petition, or passage of the resolution when the formation, annexation or consolidation proposal is by resolution of the county governing...
261.165 [Repealed by 1979 c.558 §30]
261.170 [Repealed by 1979 c.558 §30]
261.171 County governing body to call election; notice; dates.
(1) Upon its own resolution, the county governing body may, and upon receipt of an electors� petition or resolution of the governing body of a...
261.175 [Repealed by 1979 c.558 §30]
261.180 Effect of annexation or consolidation on title to property and indebtedness.
(1) If a parcel of territory or a city is annexed to an existing people�s utility district, or two or more districts are consolidated, such...
261.185 [Amended by 1973 c.796 §10; repealed by 1975 c.647 §53]
261.190 Election of first board of directors; qualifications; tenure.
(1) At all elections where the creation of a district is authorized, five directors shall be elected to manage and transact the business of the...
261.195 [Amended by 1973 c.796 §12; repealed by 1975 c.647 §53]
261.200 Proclamation of district formation or boundary change; special levy; property owner petition.
(1) If a majority of votes cast at the election favors formation of the people�s utility district and authorization of the district to impose a...
261.205 [Repealed by 1975 c.647 §53]
261.210 Payment of election expenses; security deposit.
(1) Except as provided in subsection (2) of this section, all expenses in any county of any election held under this chapter for formation of...
261.215 When district formed; designation; district as corporation.
From the date of the proclamation relative to formation of a people�s utility district the territory shall be a separate district to be known as...
261.220 Mandamus to compel performance of its duties by county governing body.
If the county governing body refuses to call an election, or hold a hearing, as provided in this chapter, or refuses to declare the results...
261.225 State agencies and private utilities to provide new district certain information.
(1) The State Department of Energy, the Public Utility Commission of Oregon and any privately owned utility serving the affected territory shall cooperate in providing...
261.235 Definitions for ORS 261.235 to 261.255.
As used in ORS 261.235 to 261.255, unless the context requires otherwise: (1) �City� means a city organized under the law of California, Idaho, Montana,...
261.240 Policy; construction.
(1) The Legislative Assembly finds and declares it to be in the public interest and for a public purpose that districts, cities, electric cooperatives, and...
261.241 Membership in electric cooperative or limited liability corporation.
A people�s utility district may become a member of an electric cooperative, or of a limited liability company, for the purposes of planning, financing, constructing,...
261.245 Authority of district to acquire interest in power facilities.
In addition to the powers otherwise conferred on districts of this state, such a district owning and operating an electric light and power system may...
261.250 District liability; application of moneys; use of power of eminent domain.
(1) In carrying out the powers granted in ORS 261.241 and 261.245, a district of this state is liable only for its own acts with...
261.253 Restriction on public contract imposing unconditional or unlimited financial obligation on electric utility.
(1) A public contract entered into by a noninvestor-owned electric utility may not contain a clause or condition that imposes an unconditional and unlimited financial...
261.255 Use of district money or property; revenue bonds.
Any district of this state participating in common facilities under ORS 261.235 to 261.255 may furnish money and provide property, both real and personal, and...
261.305 General powers of district.
People�s utility districts shall have power: (1) To have perpetual succession. (2) To adopt a seal and alter it at pleasure. (3) To sue and...
261.310 Irrigation, drainage, other districts given power of utility district in certain cases.
(1) Any existing irrigation, drainage or other district in good standing and duly organized under the laws of this state shall be eligible to qualify...
261.315 Acquisition of distribution facilities outside district.
(1) Except as to distribution facilities located in unincorporated territory at or near the boundaries of the people�s utility district and forming an interconnected part...
261.320 [Repealed by 1971 c.741 §38]
261.325 Acquisition of water rights.
Any utility district created under this chapter may acquire in its own name the right to use the unappropriated waters of this state in accordance...
261.327 Acquisition of distribution facilities of private utility; compensation for energy efficiency measures.
When a district acquires from an investor owned utility, by eminent domain or otherwise, facilities for the distribution of energy within an affected territory, the...
261.330 District water right appropriation exclusive if not excessive.
Any filing made by any people�s utility district upon the unappropriated waters of this state for use in the future development of a hydroelectric plant...
261.335 Districts subject to public contracting and purchasing requirements.
(1) Except as otherwise provided in subsection (2) of this section, people�s utility districts are subject to the public contracting and purchasing requirements of ORS...
261.340 [Repealed by 1979 c.558 §30]
261.345 Employment of labor; pay and conditions; agreements; rights of previous employees of private utility.
(1) All labor employed by a district, directly or indirectly, shall be employed under and in pursuance of the provisions of ORS 279B.235, 279C.540, 279C.545,...
261.348 Transactions for production, supply or delivery of electricity; financial products contracts.
(1) Notwithstanding any other law, people�s utility districts and municipal electric utilities may enter into transactions with other persons or entities for the production, supply...
261.350 Agreements for use of excess district facilities.
Whenever any of the facilities, works or utilities of the district, or any part thereof, are not used or employed to its fullest capacity for...
261.355 Procedure for issuance and sale of revenue bonds.
(1) For the purpose of carrying into effect the powers granted in this chapter, any district may issue and sell revenue bonds, when authorized by...
261.360 Authority to issue general obligation bonds.
(1) When authorized by a majority of its electors voting at any primary election or general election or at a special election, at which special...
261.365 Bond requirements.
(1) All revenue bonds issued under ORS 261.355 shall contain a clause that they are payable solely from revenues derived by the district from its...
261.370 [Repealed by 1975 c.642 §6 (261.371 enacted in lieu of 261.370)]
261.371 Authority to issue and sell revenue bonds.
Notwithstanding any other provision of law, revenue bonds issued and sold under this chapter may be issued and sold as prescribed in ORS chapter 287A....
261.375 Election to authorize district bond issue.
(1) Except as provided in ORS 261.355 (3) and subject to ORS 261.355 (10), before any district issues general obligation or revenue bonds, other than...
261.380 Refunding district indebtedness.
(1) The power to refund indebtedness approved by the electors of the district is vested in the board of directors and may be exercised by...
261.385 Levy and collection of taxes for certain purposes.
(1) Subject to the limitations of section 11, Article XI, Oregon Constitution, the board may levy and collect, or cause to be levied and collected,...
261.390 Property taxable; time and manner of tax levy and collection.
All taxes provided for in this chapter shall be levied upon all real and personal property situated within the boundaries of the district and by...
261.405 Board of directors; election; qualifications.
(1) The management of a people�s utility district shall be vested in a board of five directors. (2) Upon formation of a district, annexation, consolidation,...
261.410 Nomination and election of directors of established districts.
(1) Except as otherwise provided in this chapter, directors shall be nominated and elected by the electors of the subdivision such director represents at time...
261.415 Vacancy in office of director.
(1) The office of director shall be considered vacant: (a) Upon the failure of the person elected or appointed to the office to qualify for...
261.420 Terms of office of directors.
Of the board of directors elected at the next general election following creation of the district, three shall hold office for four years, and two...
261.425 Officers of board.
(1) The board shall choose one of its members president, one vice president, and one treasurer. The board shall choose a secretary of the district,...
261.430 Board meetings.
(1) A majority of members of the board of directors shall constitute a quorum for transaction of official business. The decision of a majority of...
261.435 [Amended by 1953 c.284 §2; 1957 c.334 §4; 1959 c.118 §1; 1967 c.168 §1; repealed by 1979 c.558 §30]
261.440 [Repealed by 1969 c.325 §4]
261.445 Appointment and removal of district manager; qualifications; salary; acting manager; powers and duties.
(1) The board, before or at the time the district commences construction or operation of any utility or service, shall appoint a manager, who shall...
261.450 [Repealed by 1969 c.345 §20]
261.455 [Repealed by 1969 c.344 §8]
261.460 Legislative function of board.
(1) The board of directors shall constitute the legislative body of the district, and shall determine all questions of policy. (2) All legislative acts of...
261.465 Board supervision and regulation of district utilities; fixing rates.
(1) The board shall supervise and regulate every utility owned, operated or owned and operated by the district, including the fixing and adjusting of rates,...
261.470 Accounting system adopted by board; annual reports; annual audit.
(1) The board shall adopt the effective uniform system of accounts prescribed by the Federal Energy Regulatory Commission and require that accounting for receipts and...
261.505 [Amended by 1973 c.796 §17; 1975 c.647 §21; renumbered 261.055]
261.510 [Amended by 1959 c.72 §1; repealed by 1973 c.796 §79]
261.515 [Repealed by 1973 c.796 §79]
261.605 Testing validity of certain commission and board proceedings.
(1) The board of directors of a people�s utility district may by petition commence proceedings in the circuit court of the county in which the...
261.610 Nature of proceeding; notice; appearance to contest; court determinations.
(1) The proceedings shall be in the nature of a proceeding in rem, and the practice and procedure therein shall follow the practice and procedure...
261.615 Appeal to Court of Appeals.
Either party may appeal to the Court of Appeals at any time within 30 days after the rendering of the general judgment, which appeal must...
261.620 Guidance for court determination.
The court, in inquiring into the regularity, legality or correctness of any such proceedings, must disregard any error, irregularity or omission which does not affect...
261.625 Costs of proceeding.
The costs of the special proceedings may be allowed and apportioned between the parties in the discretion of the court.
261.630 Institution of proceeding by elector; directors as parties; notice.
(1) Any elector of the district within 30 days after the entry of any order, or the performance of any act mentioned in ORS 261.605,...
261.635 Procedure exclusive.
No contest of any proceeding, matter or thing by this chapter provided to be had or done by the board of directors, by the district,...
261.705 Authority to dissolve district; vote authorizing dissolution.
Any people�s utility district which has not received voter authorization within five years of its formation election to issue bonds in an amount sufficient to...
261.710 Call of election; effect of favorable vote.
(1) The dissolution election may be called by the board of directors on their own motion or by a petition filed with the directors of...
261.715 Directors as trustees.
Upon dissolution the directors then in office shall be deemed to be, and thereafter be referred to as, the trustees of the district, with power...
261.720 Inventory and sale of district property.
The trustees shall proceed at once to take, or cause to be taken, an inventory of all property of the district, its assets and liabilities,...
261.725 Disposal of sale proceeds.
(1) The proceeds derived from the sale shall be used to pay the indebtedness of the district. (2) If, after payment of all debts of...
261.730 Disposal of district books and records; termination of corporate existence.
After the affairs of the district have been fully settled, all books and records of the district shall be deposited by the trustees in the...
261.900 Construction.
(1) The rule of strict construction shall have no application to ORS 261.007, 261.010, 261.030, 261.065 to 261.118, 261.131 to 261.171, 261.190, 261.200, 261.220, 261.225,...

Last modified: August 7, 2008