justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 545 — Irrigation Districts

ORS 545.532. Increase of assessments to meet defaults; property liable for indebtedness; possession of works upon default. When the amount assessed against any tract of land is not paid, the next assessment against the land in the district shall be increased so as to take care of the default. All the property of the district, including irrigation and other works, shall be liable for the indebtedness of the district. The holder of bonds, or the United States or the State of Oregon when a contract has been executed by the United States or the State of Oregon, may, if a default occurs in the payment of interest or principal on the bonds, or the amount due on the contract, upon the order of the circuit court, take possession of the irrigation and other works of the district and operate those works until the amount in default is fully paid. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.535. Lien against assessed lands; priority. Any assessment upon land shall be a lien against the property assessed. The lien for all payments due under any contract with the United States or the State of Oregon or for the payment of principal or interest of bonds deposited with the United States or the State of Oregon shall be a preferred lien to any assessments for bonds issued subsequent to the date of the contract or the issuance of the bonds deposited with the United States or the State of Oregon. A district assessment lien shall not be removed until the assessments are paid with interest and penalties or the property sold for the payment of the assessments, together with interest and penalties. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.537. Sale of lands for delinquency; purchase by district. The district shall appear as a bidder at the sale of any lands for delinquent assessments or taxes. The district may purchase and take title to the lands and dispose of the lands like any other purchaser. When at a tax sale there is no other bid for the full amount of the delinquencies, including interest and penalties, the district shall bid and buy in the land to protect its assessments. However, the district shall never bid or pay a greater sum than the total of all delinquent assessments and taxes against the land plus interest and penalties. When purchasing any land at a tax sale, the district shall pay cash for all assessments, taxes, interest and penalties, including the district assessments. Such expenditures shall be deemed operating expenses of the district and may be assessed as maintenance charges. [Formerly 545.210]
ORS Chapter 545 — Irrigation Districts

ORS 545.539. Bond sinking funds; other funds. (1) The district treasurer or the county treasurer of the principal county, as defined in ORS 198.705, if designated in the bonds, shall keep a Bond Fund, a United States or the State of Oregon (as appropriate) Contract Fund or a Bond and United States or the State of Oregon (as appropriate) Contract Fund. All money arising from the sale of refunding bonds and from assessments and levies shall be deposited in the appropriate fund until there is sufficient money in the fund to meet the next installment of principal and interest upon bonds of the district and to meet all payments due to the United States or the State of Oregon for construction and other purposes. From the appropriate fund the district treasurer or the county treasurer shall pay money due as principal and interest on bonds as they mature and the bonds and coupons are presented and shall make payments to the United States or the State of Oregon when due. (2) Money received from the sale of bonds and otherwise for construction or acquisition of works by the district shall be deposited into a Construction Fund. (3) All other money received by the district shall be deposited into a fund known as the General Fund, from which shall be defrayed all obligations of the district other than those described in this section. (4) Each fund listed in subsection (1) of this section shall be used for payment of the obligations of the district that are payable from that fund in the order of the priority of the creation of the obligations. [Formerly 545.212]
ORS Chapter 545 — Irrigation Districts

ORS 545.541. Retirement of bonds prior to maturity. (1) If, after 10 years from the issuance of bonds, the appropriate fund amounts to $10,000, the board of directors may direct the district treasurer or county treasurer of the principal county, as defined in ORS 198.705, if designated in the bonds, to pay that amount of the bonds not due as the money in the fund will redeem at the lowest value at which they may be offered for liquidation, or the board may call bonds at a premium of three percent, as provided in subsection (2) of this section. (2) The board may call for payment and retire before maturity any bonds issued in accordance with ORS 545.511, 545.513, 545.515, 545.517 and 545.519, by paying principal and accrued interest and a premium of three percent upon the principal. Notice of intention to do so shall be given by publication in a newspaper published and regularly circulated in the county in which the district lands are situated. The notice shall be printed at least once a week for four successive weeks, beginning not less than 90 days prior to an interest-paying period. The notice shall state the number and amount of the bonds to be retired, the price to be paid, the date of payment and the place where payment is to be made. Bonds shall be retired in numerical order in the manner specified in the bonds. Newspaper publication of notice of redemption is not required for bonds that are in registered form. Bonds shall not be retired under this section except on a day when interest is payable by the terms of the bonds and on and after the date named in the notice. Interest on bonds described in the notice shall cease after the date named in the notice. (3) Notwithstanding anything contained in this section, the board may issue bonds in the manner prescribed in ORS chapter 287A.
ORS Chapter 545 — Irrigation Districts

ORS 545.542. [Amended by 1995 c.42 108; renumbered 545.473 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.544. [Amended by 1995 c.42 109; renumbered 545.475 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.545. Determination of liability of individual tracts for bonded indebtedness; acceptance of bonds and cash in payment. (1) Upon application by any owner of a tract of land within the district, the board of directors of any irrigation district may determine the proportionate part of the liability of the tract for assessment in payment of the outstanding bonded indebtedness. In determining the amount of liability, the board shall take the total amount of bonds outstanding and divide this sum by the total irrigable acres and multiply the quotient by the total irrigable acres in the tract. In any district in which the cost has been divided into units, the board shall determine the proportionate amount of liability in the same manner, using the total amount of bonded indebtedness apportioned to the unit and the irrigable area in the unit. After determining the total apportioned part of the liability of any tract for the payment of bonded indebtedness, the board of directors may accept the bonds of the district in payment of the total amount of the liability of the tract of land within the district. However, in addition to the bonds, a cash payment of not less than five percent of the total amount of liability on the tract shall be tendered and paid to the district at the time of delivery of the bonds. (2) Except in case of default of the district, the board of directors may enter into an agreement with the owner of the tract of land who makes the payment, relieving the tract of all existing assessments and liens, except warranted indebtedness, state interest, and operation and maintenance. The transaction shall be recorded in the minutes of the board of directors of the district. (3) Any additional cash payment collected by the board under subsection (1) of this section shall be deposited with the treasurer of the district and placed in a separate fund, which shall be used only for the retirement of bonds. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.546. [Amended by 1995 c.42 110; renumbered 545.477 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.548. [Amended by 1995 c.42 111; renumbered 545.479 in 1995] (Issuance of Bonds by Certain Districts)
ORS Chapter 545 — Irrigation Districts

ORS 545.551. Application of ORS 545.553 and 545.555. ORS 545.553 and 545.555 apply to an election to authorize the issuance of bonds by a district formed pursuant to a petition filed under ORS 545.025 (7). [Formerly 545.228]
ORS Chapter 545 — Irrigation Districts

ORS 545.553. Petition for election on authorization and issuance of bonds. When a petition requesting an election is filed with the board of directors, if the petition is signed by all of the owners of all lands within the district, an election shall be held to determine whether bonds of an irrigation district shall be authorized and issued as provided by this section and ORS 545.551, 545.555,
ORS Chapter 545 — Irrigation Districts

ORS 545.555. (2) The board of directors by resolution authorizing the issuance of all or part of a bond authorization may provide: (a) The manner of the sale, public or otherwise, the denominations, the premiums if any for redemption prior to maturity, and whether or not the bonds shall be registerable as to principal or and principal and interest; (b) For the setting aside and maintaining of reserves to secure the payment of the principal of the bonds and interest on the bonds, and reserves to maintain, equip, repair, renew, renovate and replace the improvements, facilities and equipment of the district; (c) For the issuance, under proper terms and conditions, of additional or refunding bonds on a parity with the bonds being issued; (d) For the creation of necessary funds and accounts; or (e) All other terms, conditions, covenants and protective features safeguarding the payment of the bonds that are found necessary by the board. (3) The bonds may be sold at not less than 90 percent of face value, and may bear interest, evidenced by coupons, at a rate not to exceed six percent per annum. (4) The board may select a trustee for the owners and holders of the bonds, and also a trustee to safeguard and disburse the proceeds of the sale of the bonds. The rights, duties, powers and obligations of the trustee or trustees shall be fixed by the board. [Formerly 545.234]
ORS Chapter 545 — Irrigation Districts

ORS 545.557. authorized, the purposes for which the bonds are to be issued and the maximum time in which they may mature. Upon the filing of a petition under this section, the board shall proceed to call an election which shall be held within 20 days after the filing of the petition. [Formerly 545.230]
ORS Chapter 545 — Irrigation Districts

ORS 545.559. Bonds and coupons to be negotiable instruments. Any bearer bonds and the coupons attached thereto issued under ORS 545.557 are fully negotiable instruments under the laws of the State of Oregon. [Formerly 545.236]
ORS Chapter 545 — Irrigation Districts

ORS 545.564. [Repealed by 1995 c.42 184] ALTERNATIVE METHOD OF ISSUING BONDS
ORS Chapter 545 — Irrigation Districts

ORS 545.565. Refunding bonds; procedure. Any irrigation district desiring to refund its outstanding indebtedness or issue bonds for any purpose may use the procedure provided by ORS 545.565 to 545.621 instead of other procedures provided by law. Before any decision is made to issue bonds under those sections the board of directors shall enter a resolution stating the purpose for which the bonds are to be issued and, if the bonds are to be used for refunding indebtedness, describing the bonds and indebtedness to be retired by the refunding bonds or from the proceeds of the sale of the refunding bonds. [Formerly 545.242]
ORS Chapter 545 — Irrigation Districts

ORS 545.567. Determination of liability for assessment to pay bonds; determination on basis of irrigable area or benefits accrued. After bonds have been authorized under ORS 545.565 to 545.621 but before they are offered for sale, the board of directors shall make a preliminary determination of the area and description of irrigable land in each legal subdivision or other described tract if held in separate ownership within the district. The board shall also make a preliminary determination of the proportionate share or liability of each tract for assessment in payment of the total amount of the bonds issued. The determinations shall be for the purpose of fixing the irrigable area or, if the assessment is based on benefits, the total benefits accruing from the existing or proposed improvement to each ownership and tract, and of fixing the assessment in proportion to the benefits or irrigable area. The determination of benefits or irrigable area shall include a description of the land, name of the ownership, number or irrigable acres of each tract, proposed assessment against each tract, and such other data as may be necessary to identify the land and ownership. [Formerly 545.244]
ORS Chapter 545 — Irrigation Districts

ORS 545.569. Amounts paid to owners for property or rights. In fixing the proportionate part of the cost of reclamation that each owner of land shall pay, the amount to be paid to any owner for easements, rights of way, water rights or other property or rights required by the district shall be shown in a separate column and deducted from the amount that the owner would otherwise be required to pay. Assessments for the payment of the cost of reclamation and interest thereon shall be made accordingly. [Formerly 545.246]
ORS Chapter 545 — Irrigation Districts

ORS 545.571. Notice of determination; publication; contents. The board of directors shall give notice by publication of the preliminary determination provided for in ORS 545.567, once a week for four successive weeks in a newspaper published in each county in which the district lands are situated. The board shall also post a notice in three public places in the district at least 30 days prior to the date of hearing. The notice shall state: (1) The time and place for hearing objections or remonstrances and entertaining suggestions as to the proposed assessment; (2) The proposed determination of the benefits accruing from the existing or proposed improvement; (3) The place where the record of the determination may be inspected; and (4) That upon conclusion of the hearing the board will by resolution determine the proper assessment to be charged against each legal subdivision or other described tract if held in separate ownership and the total benefit accruing from the existing or proposed improvement to each legal subdivision or other described tract, but will exclude from the determination of benefits any benefits to accrue from the future operation and maintenance of the improvement. [Formerly 545.248]
ORS Chapter 545 — Irrigation Districts

ORS 545.573. Equalization of assessments; hearings. The board of directors shall sit as a board of equalization at the time and place stated in the notice, and shall continue in session from day to day as long as may be necessary to hear and determine any objections, remonstrances or suggestions by any interested persons to the proposed assessment and apportionment or to the proposed determination of the total benefits accruing to a legal subdivision or other described tract. The board shall change its assessments and apportionment or determination of the total benefits accruing as the board considers necessary and proper so as to make the assessments, apportionment and determination of benefits legal, just and in accordance with the facts. The secretary of the board shall be present during these sessions and shall note all changes made in the assessments or determination of total benefits. [Formerly 545.250]
ORS Chapter 545 — Irrigation Districts

ORS 545.575. Order determining benefits; order of assessment; benefit surplus defined. (1) Upon completion of the hearing, the board of directors shall enter an order approving and adopting the determination of benefits resulting from the existing or proposed improvement, but excluding any benefits to accrue from the future operation and maintenance of the improvement. The order shall also fix the proposed assessments, the amount of assessments against each legal subdivision or other tract of land, and the total amount of benefits accruing to each legal subdivision or other tract held in separate ownership from the existing or proposed improvement. (2) The order issued under subsection (1) of this section shall describe: (a) The lands assessed; (b) The name of the record owner of the lands assessed; (c) The total amount of assessment, which shall be the proper pro rata share of the lands based upon the total proposed assessment; (d) The installments in which the assessment may be paid; (e) The rate of interest the assessment shall bear; (f) The amount of the total benefit which will accrue to each legal subdivision or other described tract if held in separate ownership; (g) The amount of benefit surplus; and (h) Any other matters that are pertinent, necessary or considered expedient by the board of directors. (3) As used in subsection (2) of this section, benefit surplus means the excess of the benefits accruing to each legal subdivision or other described tract, over and above the assessment against each. (4) An error in the name of the owner of record described in an order entered under subsection (1) of this section shall not affect the validity of an assessment. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.579. Pleadings; trial; appeal; finality of assessment order. (1) The appellant and all persons appearing shall make a statement in writing of the grounds of appeal, and no further pleadings shall be necessary. The cause shall be tried in one action by the circuit court as an action not triable by right to a jury. (2) Upon the entry of a judgment, any person aggrieved by the judgment may appeal to the Court of Appeals in the manner provided for other cases in equity. Notice of appeal shall be served on those appearing in the circuit court or their attorneys. Notwithstanding ORS 19.415 (3), the cause shall be tried de novo by the Court of Appeals as expeditiously as possible after the appeal is perfected. Upon the effective date of decision of the Court of Appeals, the circuit court shall enter such judgment as is directed by the Court of Appeals. (3) If the resolution of the board of directors is affirmed it shall be considered an assessment against all the lands described in the resolution for the amount of the assessment and payable at the times specified in the resolution, as well as a final determination of the total benefits accruing from the existing or proposed improvements to the parcels of land described in the resolution. If the resolution is modified in any respect, the court shall specify the proper resolution to be entered, which shall be entered accordingly. If no appeal is taken from the resolution, it shall become final.
ORS Chapter 545 — Irrigation Districts

ORS 545.581. Assessment installments. When amortizing bonds are issued as authorized by ORS
ORS Chapter 545 — Irrigation Districts

ORS 545.584. [Amended by 1995 c.42 11; renumbered 545.057 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.585. Bonds; issuance; purposes; form; amortization; maturities; negotiability; numbering; interest; denomination; registration; amount maturing annually; retirement. (1) When the assessments have become final, the board of directors may authorize the issuance of bonds for the construction or acquisition of irrigation works or to refund the indebtedness of the district, including warrant indebtedness, bond indebtedness and interest certificates of indebtedness issued to the state. The bonds may be issued either in serial form or in a form providing for the annual payment of interest and principal in a single amount represented by coupons. However, the amortization of both interest and principal on the refunding bonds must be accomplished within the 50-year period immediately following the date of issue. All refunding bonds issued under ORS 545.565 to 545.621 shall be negotiable in form. If in serial form the bonds issued shall be numbered consecutively, commencing with number 1. The bonds shall mature serially in annual amounts so as to be approximately equal, principal and interest, in not less than five years nor more than 50 years after date of issue, as the board of directors determines. If the board of directors considers it advisable to submit the question of maturities at the bond election, then the bond shall mature as the electors determine. (2) The bonds shall bear interest at a rate determined by the board of directors, payable semiannually on the first day of January and July of each year. The principal and interest shall be payable at the places designated in the bonds and coupons which may be the office of the county treasurer of the principal county, as defined in ORS 198.705. Except as otherwise provided by ORS 545.565 to 545.621, each of the bonds shall be in a denomination of not less than $100 or more than $1,000; shall be signed by the president and secretary; shall have the seal of the board of directors affixed to the bond; and shall bear on the back the registration certificate of the county treasurer, who shall sign as county treasurer and as ex officio treasurer of the district. Coupons for interest shall be attached to each bond and shall be signed with the engraved facsimile signature of the secretary. (3) The county treasurer and the secretary of the district shall register the bonds in books kept in their offices for that purpose, and shall note in the books the number, date of issuance and sale, amount of bond, time of payment, rate of interest, number of coupons attached, and any other description proper for future identification of each bond. This section shall not be construed to require that any bond of the district must bear a registration certificate by the secretary. (4) The total sum of bonds maturing in any one year, together with the interest due, shall not exceed the total of the maximum annual assessment for the retirement of the bonds and the payment of interest. Upon payment of the principal, the board of directors may call for payment and retire before maturity any bond issued in accordance with ORS 545.565 to 545.621. [Formerly
ORS Chapter 545 — Irrigation Districts

ORS 545.586. [Amended by 1995 c.42 12; renumbered 545.059 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.588. [Amended by 1995 c.42 13; renumbered 545.061 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.589. Recording of assessments; bond lien docket; payment by bonds or coupons; interest on unpaid assessments; lien on land; priority. (1) Upon delivery of the bonds, the secretary of the irrigation district shall furnish to the county clerk of each county in which lands of the district are situated, a duly certified copy of the resolution of assessment. The resolution shall be promptly recorded in the records of deeds of the county. The county clerk shall provide a book, which shall be considered a bond lien docket of the irrigation district for the lands situated in that county, for the purpose of recording in the book the matters contained in the resolution, by setting forth, in separate columns, the description of the lands assessed, the total amount of the assessment, the yearly installments, when the installments become due, the rate of interest the installments shall bear, the amount of the total benefit which shall accrue to each legal subdivision or other described tract if held in separate ownership, and the amount of the benefit surplus, as defined in ORS
ORS Chapter 545 — Irrigation Districts

ORS 545.592. [Amended by 1995 c.42 15; renumbered 545.071 in 1995]
ORS Chapter 545 — Irrigation Districts

ORS 545.594. [Amended by 1995 c.42 17; renumbered 545.079 in 1995]