reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 fix a place and time for a public hearing to consider the removal of such parcels from the district.
(2) Notice stating the time and place of the hearing shall be published in accordance with ORS 261.161 (1). The hearing may be adjourned from time to time, but shall not exceed four weeks in length. Public testimony shall be taken at the hearing.
(3) Upon conclusion of the public hearing the board may by resolution remove such parcels, or any of them, from the district. The resolution shall become effective 30 days after passage, unless written requests for an election are filed as provided by subsection (4) of this section.
(4) If written requests for an election are filed with the board within 30 days after passage of the resolution by not less than 15 percent of the electors or 100 electors registered in the parcels to be removed, whichever is the lesser number, an election on the question of removal of the parcels described in the resolution shall be held on the next scheduled general or special election date.
(5) The electors eligible to vote in the election described in subsection (4) of this section shall be those electors who reside on the parcels described in the resolution.
(6) From the date of removal, liability of the territory removed from the district for assessments and taxes levied after the date of removal by the district and for bonded and other indebtedness shall be in accordance with ORS 198.880 and 198.882. [1987 c.824 §3]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 a copy of the resolution or petition, without signatures attached, to the Director of the State Department of Energy. Not less than 30 days after receipt of the petition or resolution copy, the director shall hold a hearing within the proposed district for the purpose of receiving public testimony on the proposed district formation. Notice of the hearing, stating the time and place of the hearing, together with the electors’ petition, when applicable, without the signatures attached, shall be published at least two times prior to the date of the meeting. The first publication shall not be more than 25 days nor less than 15 days preceding the hearing and the last publication shall not be more than 14 days nor less than eight days preceding the hearing. Within 60 days after receipt of the petition or resolution copy, the director, with the advice and assistance of the Public Utility Commission of Oregon, shall prepare and publish a concise report showing the availability and cost of power resources, potential tax consequences and any other information considered by the director to be relevant to the proposed formation of the district. A copy of the report shall be mailed, upon publication, by the director to the county governing body. [1979 c.558 §12a; 2003 c.186 §10]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 body, the county governing body shall, within 10 days, fix a date for a hearing on the boundaries described in the electors’ petition or resolution of the county governing body for inclusion in the proposed or established district. The hearing shall be held by the county governing body not less than 60 days nor more than 90 days after certification of the petition or passage of the resolution. Notice of the hearing, stating the time and place of the meeting, together with the electors’ petition, when applicable, without the signatures attached, shall be published at least two times prior to the date of the meeting. The first publication shall not be more than 25 days nor less than 15 days preceding the hearing and the last publication shall not be more than 14 days nor less than eight days preceding the hearing. Notice of the hearing, and all other publications required by this chapter, shall be published in at least one newspaper of general circulation in the proposed or established district. The hearing may be adjourned from time to time, but shall not exceed four weeks in total length. Public testimony shall be taken at the hearing.
(2) Based upon the record of the hearing prescribed in subsection (1) of this section on the proposed boundaries and, if district formation is proposed, the report of the Director of the State Department of Energy under ORS 261.151, the county governing body within 10 days of the last date of hearing shall determine the boundaries of the proposed or established district.
(3) No lands shall be included in the boundaries fixed by the governing body lying outside the boundaries described in the electors’ petition unless the owners of that land request inclusion in writing before the hearing under subsection (1) of this section is completed.
(4) An electors’ petition shall not be denied by a county governing body because of any deficiency in the description of the boundaries of the proposed district, but the county governing body shall correct those deficiencies. [1979 c.558 §13]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 people’s utility district or city that the county governing body finds to be in compliance with this chapter shall, at the earliest practical date submit the question of district formation, annexation or consolidation and, if for formation, the question of a special levy, to the electors within the affected territory at a special election. The special election may be held on the same date as a primary election or general election.
(2) The notice of the election shall state the purpose of the election, describe in general terms the boundaries of the affected territory and in all other respects comply with the general laws of this state governing the time and manner of holding elections.
(3) The county governing body shall call no more than one election for formation of a district comprising substantially the same area within the same calendar year. [1979 c.558 §14; 1995 c.712 §96; 2003 c.14 §122; 2003 c.802 §71]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 annexation or consolidation shall not affect or impair the title to any property owned or held by the district or districts, or any property owned or held by the annexed city, or in trust therefor, or any debts, demands, liabilities or obligations existing in favor of or against either the district or city so annexed.
(2) The acceptance of any indebtedness at the election to determine the question of annexation shall not include any indebtedness except such as has been incurred or assumed on account of development or purchase of a utility, including the replacement value of the unreimbursed investment of an investor owned utility in energy efficiency measures and installations within the annexed area. [Amended by 1991 c.358 §3; 2003 c.802 §72]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 district.
(2) Candidates for the office of director must be electors of this state, must have resided in the proposed district continuously for not less than two years next preceding the date of the election, and must continue to reside in the district during their term of office.
(3) All electors of the proposed district shall have the right to vote for five candidates at the election.
(4) The five candidates receiving the highest number of votes in the area approved by the electors and declared by the county governing body to be a district shall be elected to serve until the first Monday in January after the first regular general election which occurs not less than one year following the election to create the district, and until their successors are elected and qualified. [Amended by 1973 c.796 §11; 1975 c.598 §4; 1979 c.558 §16; 2003 c.14 §123]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 a district and election of a board of directors shall be paid from the general fund of the county in the same manner that other claims against the county are paid.
(2) When formation of a district is initiated by electors’ petition, the county court may require a bond, a cash deposit or other security deposit from the chief petitioners as provided in ORS 198.775.
(3) When preparing the county budget for the fiscal year following an election described in subsection (1) of this section, the county court shall include an item in the budget to reimburse the general fund for the disbursement for the election, unless the costs of the election are paid from a bond, a cash deposit or other security deposit under subsection (2) of this section. This item shall be assessed to and paid by the assessable property of the territory in which the election is held in the same manner that other taxes are assessed and paid. [Amended by 1983 c.567 §21]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 the district named and specified in the proclamation. The inhabitants thereof shall be a corporation by the name and style of the utility district specified in the proclamation, and as such shall have perpetual succession, and by such name shall exercise and carry out the corporate powers and objects conferred and declared by this chapter. [Amended by 2003 c.802 §74]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 of any election or issue the required proclamation, any elector may apply within 10 days after the refusal to the circuit court for the county in which the proposed district, or its greater portion, is located for a writ of mandamus to compel the county governing body to perform its duty. [Amended by 1975 c.647 §19; 1979 c.558 §18]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 information and data as requested by a people’s utility district for construction or acquisition of the initial utility system.
(2) As requested, the State Department of Energy and the Public Utility Commission of Oregon shall provide copies of records on file pertinent to the operation of a utility system.
(3) As requested, the privately owned utility serving the affected territory shall provide data and records regarding the affected territory including:
(a) Peak load and monthly variations of load required to serve the territory;
(b) Load requirements of various classifications of users;
(c) Gross revenue;
(d) Distribution costs, including operation, maintenance and debt retirement;
(e) Inventory of assets by type and value;
(f) List of customers with customer addresses;
(g) Amount of money loaned to each customer for conservation activity; and
(h) Replacement value of an investor owned utility’s unreimbursed investment in energy efficiency measures and installations within the territory. [1979 c.558 §15; 1991 c.358 §4]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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, Nevada, Oregon or Washington and owning and operating an electric light and power system.
(2) "Common facilities" means any property used for the generation, transmission, distribution or marketing of electricity and related goods and services that are owned or operated jointly by a people’s utility district organized under this chapter and at least one other city, district, electric cooperative or person.
(3) "District" means a people’s utility district organized under this chapter or a similar public utility district organized under the law of California, Idaho, Montana, Nevada or Washington.
(4) "Electric cooperative" means a cooperative corporation organized under the law of California, Idaho, Montana, Nevada, Oregon or Washington and owning and operating an electric distribution system. [1967 c.603 §8; 1979 c.151 §3; 1999 c.865 §38; 2007 c.301 §33; 2007 c.895 §4a]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 electric utility companies participate as authorized in ORS 261.235 to 261.255 jointly and with other persons to:
(a) Achieve economies of scale in the generation of electricity;
(b) Meet the future power needs of this state and its inhabitants; and
(c) Participate in transactions useful for the development of an efficient system for the transmission and distribution or marketing of electric power and related goods and commodities.
(2) ORS 261.235 to 261.255 shall be construed liberally to effectuate the purposes set out in subsection (1) of this section. [1967 c.603 §9; 1999 c.865 §39]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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, acquiring, operating, owning or maintaining property used for the generation and associated transmission of electricity within or outside this state. A district may not become a stockholder in, or lend the credit of the district to, an electric cooperative or a limited liability company. If a district becomes a member of an electric cooperative or of a limited liability company, the district may not exercise the power of eminent domain for the benefit of the electric cooperative or limited liability company. [2007 c.301 §35 and 2007 c.895 §6]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 plan, finance, construct, acquire, operate, own and maintain an undivided interest in common facilities within or without the state jointly with one or more other districts, with one or more cities, with one or more electric cooperatives, or with one or more other persons or with any combination of such districts, cities, electric cooperatives or persons, and may make such plans and enter into contracts and agreements as are necessary or appropriate for such joint planning, financing, construction, acquisition, operation, ownership or maintenance. [1967 c.603 §10; 1979 c.151 §4; 1999 c.865 §40]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 regard to the planning, financing, construction, acquisition, operation, ownership or maintenance of common facilities. No moneys or other contributions supplied by a district of this state for the planning, financing, construction, acquisition, operation or maintenance of common facilities shall be credited or applied otherwise to the account of any other participant in the common facilities.
(2) A district shall not exercise its power of eminent domain to acquire a then existing thermal power plant or any part thereof. [1967 c.603 §11; 2007 c.301 §36; 2007 c.895 §7]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 obligation on the electric utility that is party to the contract unless the terms and conditions of the contract are subject to approval and are approved by the electors of the people’s utility district or city that owns the electric utility.
(2) Nothing in subsection (1) of this section is intended to affect provisions of law requiring approval of electors for any particular type of public contract that are in effect on October 15, 1983, or that are later enacted.
(3) Nothing in subsection (1) of this section is intended to conflict with ORS 279C.650 to 279C.670.
(4) This section does not apply to a public contract executed in connection with:
(a) The acquisition of renewable energy certificates;
(b) The acquisition, construction, improvement or equipping of, or the financing of any interest in, a renewable energy facility; or
(c) The acquisition or financing of any interest in electrical capacity needed to shape, firm or integrate electricity from a renewable energy facility.
(5) As used in this section:
(a) "Public contract" includes a contract, note, general obligation bond or revenue bond by which the people’s utility district or city or any subdivision of any of them is obligated to pay for or finance the acquisition of goods, services, materials, real property or any interest therein, improvement, betterments or additions from any funds, including receipts from rates or charges assessed to or collected from its customers.
(b) "Unconditional and unlimited financial obligation" means a public contract containing a provision that the people’s utility district or city that is party to the contract is obligated to make payments required by the contract whether or not the project to be undertaken thereunder is undertaken, completed, operable or operating notwithstanding the suspension, interruption, interference, reduction or curtailment of the output or product of the project. [1983 c.811 §1; 2003 c.794 §221; 2003 c.802 §75; 2007 c.301 §37]
Note:
261.253 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 261 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 to the extent and in the manner provided by ORS 261.355 issue and sell revenue bonds pledging revenues of its electric system and its interest or share of the revenues derived from the common facilities and any additions or betterments thereto, in order to pay its respective share of the cost of the planning, financing, acquisition and construction thereof. All moneys paid or property supplied by any such district for the purpose of carrying out the powers conferred by ORS 261.235 to 261.255 are declared to be for a public purpose. [1967 c.603 §12; 1999 c.865 §41]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 and do any and all things necessary or incident to the purchase, generation and distribution of electric power under the terms of this chapter without the necessity of reorganizing and complying with the organization procedure prescribed in this chapter, if the qualification is approved by a majority of the persons qualified to vote at a district election who vote on that question.
(2) Drainage districts qualifying under the provisions of this chapter may elect additional directors to make a board of five directors. [Amended by 1979 c.558 §20; 1983 c.83 §33; 2003 c.802 §77]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 of the distribution system within the district, as determined by the county governing body after a public hearing, no facilities then being used for the distribution of electric energy outside the boundaries of the district shall be acquired by it until the acquisition thereof is approved by a majority of the electors registered in the territory in which the facilities are located, voting on that question at an election duly called for that purpose as provided in this section. If a part of the facilities is located within a city, the election shall be conducted so that the electors of the city may vote separately and have their votes counted separately, and the part within any city may not be acquired unless a majority of the electors of the city voting on the question approves.
(2) When a district desires to acquire facilities outside its boundaries for distribution of electric energy, the board of directors shall pass a resolution declaring that purpose, specifying the facilities that it desires to acquire and describing the boundaries of the territory served by the facilities so as to include all those receiving service or can be reasonably served through the facilities.
(3) A certified copy of the resolution shall be filed with the county governing body. Within 90 days thereafter, the county governing body shall designate the boundaries of the territory served by the facilities, and certify the boundaries to the counties in which they are located. The county governing body shall at the same time notify each of the counties of the call of an election for the purpose of authorizing acquisition of the facilities. This certification and notification shall be given to the county clerks of the respective counties. The notice shall state the time of the election and contain a ballot title stated in clear and concise language.
(4) The provisions of ORS 261.200 shall be complied with insofar as applicable. Ballots cast by electors of cities shall be separately kept and counted for each city. [Amended by 1973 c.796 §13a; 1979 c.558 §21; 1983 c.83 §34; 2003 c.802 §78]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 with the laws of this state. [Amended by 1955 c.707 §34; 1979 c.54 §1; 1979 c.558 §22]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 district shall compensate the owner of the facilities, in addition to any other amounts otherwise due, an amount equal to the replacement value of the investor owned utility’s unreimbursed investment in energy efficiency measures and installations within the affected territory. [1991 c.358 §7]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 by the district shall be reserved to the district and shall not be subject to appropriation by any other person, city or corporation, unless it is judicially determined that such filing exceeds the reasonable present and future requirements of the district, in which event the surplus or excess may be by judgment of a court of competent jurisdiction released and discharged from such filing. Proceedings in court for the determination of whether or not the filing by any utility district exceeds its reasonable present and future requirements may be instituted by the State of Oregon, by the Water Resources Commission in the name of and for the State of Oregon, or by any other applicant for the right to the use of the waters involved. [Amended by 1955 c.707 §35; 2003 c.576 §407; 2003 c.802 §79]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 279.835 to 279.855, 279C.005, 279C.100 to 279C.125 and 279C.300 to 279C.470 and ORS chapters 279A and 279B, except ORS 279A.140 and 279A.250 to 279A.290.
(2) The public contracting and purchasing requirements of ORS 279.835 to 279.855, 279C.005, 279C.100 to 279C.125 and 279C.300 to 279C.470 and ORS chapters 279A and 279B do not apply to contracts entered into by districts for the acquisition, construction, improvement or equipping of a renewable energy facility or for the purchase or sale of electricity, electrical capacity or renewable energy certificates. [Amended by 1957 c.334 §2; 1961 c.409 §1; 1985 c.474 §5; 2003 c.794 §222; 2007 c.301 §39; 2007 c.895 §10]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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, 653.268 and 653.269.
(2) The minimum scale of wages to be paid by a people’s utility district or by any contractor or subcontractor for such district shall be not less than the prevailing wage for the character of work in the same trade in the largest city having a population of 5,000 or more in the district, or if there is none, the nearest to the district.
(3) The board of directors of any utility district may negotiate, sign and maintain collective bargaining agreements concerning employment, rates of pay and working conditions with the representatives of its employees. Notice in writing of any intended change in rates of pay, or working conditions, or both, shall be given in accordance with the provisions of the agreements. The provisions of ORS 243.650 to 243.809 shall govern the negotiation of a collective bargaining agreement and any changes to an existing agreement. The mutual rights and obligations of the board and the employees or their representatives shall be those provided under ORS 243.650 to 243.809.
(4) Whenever any district acquires any utility which at the time of acquisition is in private ownership:
(a) The district shall, within financial and organizational limitations, offer employment to all employees of the private utility whose work primarily served the affected territory.
(b) Where the employees of the private utility are, at the time of acquisition, covered by any collective bargaining contract, plan for individual annuity contracts, retirement income policies, group annuity contract or group insurance for the benefit of employees, the district shall maintain any benefits or privileges that employees of the acquired utility would receive or be entitled to had the acquisition not occurred by:
(A) Assuming for one year all of the rights, obligations and liabilities of the acquired private utility in regard to that collective bargaining contract or plan for the employees covered thereby at the time of acquisition; or
(B) Substituting a similar plan or contract under an agreement with a majority of the affected employees.
(c) The district may pay all or part of the premiums or other payments required under paragraph (b) of this subsection out of the revenue derived from the operation of its properties.
(d) The district shall recognize the collective bargaining agent of the employees if the district retains a majority of the employees of the private utility working in the affected territory. [Amended by 1979 c.558 §23; 1985 c.474 §2; 2003 c.794 §223]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 or delivery of electricity on an economic, dependable and cost-effective basis, including financial products contracts and other service contracts that reduce the risk of economic losses in the transactions. This subsection does not authorize any transaction that:
(a) Constitutes the investment of surplus funds for the purpose of receiving interest or other earnings from the investment; or
(b) Is intended or useful for any purpose other than the production, supply or delivery of electricity on a cost-effective basis.
(2) Nothing in subsection (1) of this section prohibits a people’s utility district or a municipal electric utility from entering into any transaction for the acquisition, construction, improvement or equipping of a renewable energy facility or for the purchase or sale of electricity, electrical capacity or renewable energy certificates. [1999 c.683 §1; 2007 c.301 §40; 2007 c.895 §11]
Note:
261.348 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 261 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 the benefits or requirements of the district or its inhabitants, the district may enter into agreements, upon terms and conditions satisfactory to the board, for renting, leasing or otherwise using the available portion or parts of such facilities, works or utilities. In connection with any such agreement, renting or leasing, the district may undertake or perform any services incidental thereto. [Amended by 1981 c.758 §3]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 election not less than 25 percent of the electors of the district voted on the question, any district may issue and sell general obligation bonds so conditioned that the district shall therein and thereby unconditionally undertake, promise and agree to pay the same in whole or in part from revenue or from taxes or both.
(2) The general obligation bonds of the district outstanding at any time shall not exceed two and one-half percent (0.025) of the real market value of all taxable property within the limits of the district.
(3) General obligation bonds may be made payable primarily from and secured by a lien on and pledge of the revenues derived by the district from its operations remaining after paying from such revenues all expenses of operation and maintenance, and secondarily from taxes. [Amended by 1959 c.548 §2; 1967 c.293 §24; 1983 c.83 §35; 1987 c.267 §72; 1991 c.459 §356; 1993 c.18 §45; 1995 c.712 §98; 2003 c.14 §126]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 operations, remaining after paying from said revenues all expenses of operation and maintenance, including taxes.
(2) Such bonds may be issued from time to time, shall be of such denominations, and shall run for a period not exceeding 40 years, all as the board of directors may determine.
(3) Every issue of bonds shall be in serial form, with definite maturities, and shall mature in annual or semiannual installments. The first installment of principal shall fall due and be payable not later than five years, and the last installment not later than 40 years, after the date of issue. The combined installments of principal and interest due each year during such period shall be in such amounts as the board of directors may determine so as to permit maturity in accordance with anticipated revenues.
(4) All such bonds, at the discretion of the board of directors, shall contain provisions for call and redemption by the district of all or any part of the issue, at the option of the district, on any interest-paying date after the date of issuance, upon payment of the principal and accrued interest to the date of call.
(5) The bonds shall be signed on behalf of the district by its president or chairperson and be countersigned by its secretary. The seal of the district shall be affixed to each bond, but not to the coupon. The coupon, in lieu of being signed, may have printed thereon the facsimile signature of such officers.
(6) The bonds shall be payable at a place therein named, to their bearer or registered holder in the principal amount named therein, at maturity thereof, in lawful money of the United States, at the rate per annum therein named, payable semiannually on such dates as the board of directors may determine, in accordance with the tenor and terms of interest coupons thereto attached. [Amended by 1957 c.334 §3; 1969 c.76 §1; 1971 c.392 §1; 1981 c.94 §13]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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. [1975 c.642 §7 (enacted in lieu of 261.370); 1979 c.558 §25; 1981 c.584 §1; 2007 c.783 §82]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 general obligation refunding, revenue refunding or advance refunding bonds, the question of whether the bonds shall be issued shall be submitted to the electors of the district, either at any general, state or county election or at a special election called for that purpose by the board of the district to be held on a date specified in ORS 255.345.
(2) At the election the notice and ballots shall contain a statement of the amount of bonds to be voted on and the purpose for which the bonds are to be used. If a majority of those voting on the question vote "yes," the board of directors is authorized to issue bonds of the character and in the amount designated by the election ballot. [Amended by 1973 c.796 §14; 1975 c.598 §5; 1979 c.558 §26; 1991 c.572 §5]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 adoption of a resolution providing therefor. It shall not be necessary for the board to submit the question of the proposed refunding to the electors of the district at an election or otherwise, but revenue bonds shall not be refunded into general obligation bonds, nor shall general obligation bonds be refunded into revenue bonds without approval of the electors of the district given at an election duly called and legally held therein.
(2) The issuance and sale of refunding bonds, the maturity dates and other details thereof, the rights of the holders thereof, and the duties of the board with respect thereto, shall be governed by ORS 261.305 and 261.355 to 261.375 in so far as they are applicable. Bonds may be issued and sold to refund bonds issued pursuant to this chapter, including bonds outstanding on April 10, 1951, and to refund bonds issued for refunding purposes under authority of this chapter.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 law taxable for state and county purposes. Such taxes shall be levied and collected at the time and in the manner provided for levy and collection of state and county taxes, and shall be by the county officers collecting them paid to the treasurer of the district.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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, merger and after each decennial United States Census, the board of directors shall by ordinance divide the district into five subdivisions, as nearly equal in population as possible, and where practicable fix the boundaries in conformance with adjacent precinct boundaries. One director shall be elected from each of the five subdivisions.
(3) Directors shall be electors, shall reside in the subdivision from which they are respectively nominated and elected and shall have resided in the district continuously for two years immediately preceding the date of their election as directors. [Amended by 1977 c.210 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 of holding the next general election.
(2) Nominating petitions must be furnished by the district. [Amended by 1973 c.796 §15; 1975 c.598 §6; 1989 c.503 §30; 2003 c.14 §127]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 it not later than 30 days after the time the term of office commences;
(b) Upon the occurrence of any event listed in ORS 236.010; or
(c) Upon the incumbent’s absence from meetings of the board for 60 days without the consent of the board and upon the declaration by the board of the vacancy.
(2) Vacancies in the office of director occurring between elections shall be filled by the remaining members of the board, but when a vacancy exists for 30 days, or if the office is considered or declared vacant under subsection (1)(a) or (b) of this section, the Governor may fill the vacancy.
(3) Any person appointed to fill such vacancy by the board or the Governor shall hold office until the next general election and until a successor is elected and qualified. [Amended by 1959 c.142 §1; 1969 c.669 §4; 1989 c.503 §31; 2003 c.14 §128]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 shall hold office for two years, and until their successors are elected and qualified, the length of the respective terms to be determined by lot. Thereafter, at each general election, a number of directors corresponding to the number whose terms of office expire shall be elected for the term of four years. The terms of directors shall commence on the first Monday in January next following their election. [Amended by 1973 c.796 §16; 1975 c.598 §7; 1989 c.503 §32; 2003 c.14 §129]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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, who may or may not be a member of the board. In the absence or disability of the president, the vice president shall act as president.
(2) The treasurer shall be custodian of all funds of the district, and pay them out only on order of the board. [Amended by 1967 c.451 §20; 1969 c.345 §3]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 the board shall be deemed to be the act or decision of the board. No vacancy of less than a majority of members of the board shall impair the right of the remaining board members to exercise all powers of the board.
(2) The board of directors shall adopt rules to govern its meetings.
(3) All legislative sessions of the board of directors, whether regular or special, shall be open to the public.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 261 - People’s Utility Districts › Section 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 be an experienced executive with administrative ability. The manager shall be appointed for an indefinite time and be removable at the action of the board. Appointments and removals shall be by resolutions adopted by a majority vote. The manager shall receive such salary as the board shall fix by resolution.
(2) In case of absence or temporary disability of the manager, the board shall designate some competent person as acting manager.
(3) The manager shall be chief administrative officer of the people’s utility district, shall have control of administrative functions of the district and shall be responsible to the board for efficient administration of all affairs of the district placed in charge of the manager. The manager may attend meetings of the board and its committees and take part in discussion of any matters pertaining to duties of the department, but shall have no vote. The manager shall:
(a) Carry out orders of the board to see that all laws of this state pertaining to matters within the functions of the department are duly enforced.
(b) Keep the board advised as to the financial condition and needs of the district.
(c) Prepare an annual estimate for the ensuing fiscal year of the probable expenses of the department, and recommend to the board what development work should be undertaken, and any extensions and additions which should be made during the ensuing fiscal year, with an estimate of the costs of such development work, extensions and additions.
(d) Certify to the board all bills, allowances and payrolls, including claims due contractors of public works.
(e) Recommend to the board salaries of the employees of the office of the manager, and a scale of salaries or wages to be paid for different classes of service required by the district.
(f) Hire and discharge clerks, laborers and other employees under direction of the manager.
(g) Perform such other duties as may be imposed upon the manager by the board.
(4) The manager shall not contribute any money in aid of or in opposition to the election of any candidate for people’s utility district director, or advocate or oppose any such election.