Oregon Revised Statutes
Chapter 550 — Urban Flood Safety and Water Quality District
47 sections550.010 [Amended by 1957 c.636 §1; part renumbered 550.005; repealed by 1969 c.50 §1]
550.020 [Repealed by 1969 c.50 §1]
550.030 [Repealed by 1969 c.50 §1]
550.040 [Amended by 1957 c.636 §2; repealed by 1969 c.50 §1]
550.050 [Amended by 1957 c.636 §3; repealed by 1969 c.50 §1]
550.060 [Amended by 1957 c.636 §4; repealed by 1969 c.50 §1]
550.070 [Amended by 1957 c.636 §5; repealed by 1969 c.50 §1]
550.080 [Amended by 1957 c.636 §6; repealed by 1969 c.50 §1]
550.090 [Repealed by 1969 c.50 §1]
550.100 [Repealed by 1969 c.50 §1]
550.110 [Repealed by 1969 c.50 §1]
550.120 [Repealed by 1969 c.50 §1]
550.130 [Repealed by 1969 c.50 §1]
550.140 [Amended by 1957 c.636 §7; repealed by 1969 c.50 §1]
550.150 Purpose of ORS 550.150 to 550.410
The Legislative Assembly declares the lands protected by the Columbia River levee system in northern Multnomah County to be of statewide and regional significance because they contain significant industrial and economic lands, one of the state’s most important transportation hubs, the Portland International Airport, the second largest source of drinking wate…
550.160 Definitions
As used in ORS 550.150 to 550.410, unless the context requires otherwise: “Board of directors” means the nine-member board of directors of the urban flood safety and water quality district selected under ORS 550.195. “District” means the urban flood safety and water quality district created under ORS 550.170. “Elector” means an individual qualified to vot…
550.170 Urban flood safety and water quality district; boundaries; vested water rights unimpaired
An urban flood safety and water quality district is created for the purpose of acquiring, purchasing, constructing, improving, operating and maintaining works in order to: Reduce the risk of flooding; Protect people and property from flood risk; Respond to flood emergencies; Convey water for the purpose of flood safety; Contribute to improved water qual…
550.180 District electors and landowners authorized to contest validity of board proceeding, action, order, contract, decision or enactment
Any elector or owner of land within the district may bring any proceeding that the board of directors is authorized to bring under ORS 33.710. The proceeding shall be governed by ORS 33.720, except as otherwise provided in this section. For purposes of this section, the district shall be considered a municipal corporation as defined in ORS 33.710. The pro…
550.190 Initial district board
The initial district board of the urban flood safety and water quality district shall consist of 17 directors appointed as follows: One director representing the City of Portland appointed by the Portland city council. One director representing the City of Gresham appointed by the Gresham city council. One director representing the City of Fairview appoin…
550.195 Board of directors
The board of directors shall consist of nine voting directors selected as follows: One director shall be elected at large by the electors. A candidate for this position must be an elector. Four directors shall be elected at large by the electors. A candidate for any of these positions must be an elector who: Resides within the managed floodplain; Regardl…
550.196 Terms of first directors
Notwithstanding ORS 550.195 (2), the first directors elected at a regular district election shall determine their terms by lot so that the terms of two directors expire on the first June 30 that occurs at least two years after the date of the regular district election at which they were elected and the terms of three directors expire on the first June 30 tha…
550.200 Organizational meeting of board of directors; oath; officers; meetings; quorum
As soon as practicable after the election and appointment of the directors to the board of directors, the directors shall meet to qualify all individuals elected or appointed as directors by administering an oath of office and to elect the officers of the board of directors. The directors shall elect from their number a chair and vice chair. Such officers h…
550.210 Duties of board of directors
The board of directors shall: Manage and conduct the affairs of the district. Employ and appoint agents and employees and prescribe the duties and fix the compensation of the agents and employees. Establish reasonable bylaws and rules for the administration of the affairs of the district. Adopt ordinances under ORS 198.510 to 198.600 that the directors c…
550.220 Stakeholder advisory committees
The board of directors may appoint stakeholder advisory committees to: Advise the board of directors on aspects of the operation of the district; Assist with community outreach and citizen participation; and Advise on such other matters as the board of directors deems necessary or beneficial to the district.
550.230 General powers of district
To carry out the purposes for which it was created, the urban flood safety and water quality district is a body corporate and has the power to, without limitation: Have and use a seal. Have perpetual succession. Sue and be sued in its own name. Acquire by condemnation, purchase, devise, gift or voluntary grant real and personal property, or any interest …
550.240 Eminent domain
Except as otherwise provided in this section, the exercise of the power of eminent domain by the urban flood safety and water quality district pursuant to ORS 550.230 (4) shall be governed by ORS 35.015 to 35.530. The district’s authority to condemn property is limited to property located: Within the managed floodplain; or Outside the managed floodplain i…
550.250 District activities as urban services
Activities of the urban flood safety and water quality district are deemed to be urban services, as defined in ORS 195.065, if the district engages in the activities to manage flood control and safety, water quality or surface water.
550.260 Plan for watershed and habitat improvement and landscape resilience; decennial review
The urban flood safety and water quality district shall prepare a plan for watershed and habitat improvement and landscape resilience within the managed floodplain. The watershed improvement plan shall be coordinated with plans or programs of other jurisdictions with authority over watershed management within the managed floodplain. The urban flood safety a…
550.270 Construction of district works
The urban flood safety and water quality district may undertake construction of works upon approval of the proposed works by the board of directors. The board of directors shall obtain engineering plans for any works that require engineering.
550.280 District contracts subject to Public Contracting Code
The urban flood safety and water quality district is a contracting agency as defined in ORS 279A.010 for all applicable requirements of the Public Contracting Code.
550.290 Construction on public land or right of way or along public watercourse
The urban flood safety and water quality district may construct works: Across or along any street or public highway, or over any lands, that are the property of the state or of any political subdivision of the state. Across or along any stream of water or watercourse, any ground water resource or any affected lands that are the property of the state or of …
550.300 Financing construction, operation or maintenance of district works; local option taxes prohibited
The board of directors may finance the construction, operation or maintenance of district works by the following means: Assessments made under ORS 550.310 against the benefited lands in the district, with or without the issuance of works bonds. Service and user charges imposed under ORS 550.330, with or without the issuance of revenue bonds. Issuance of g…
550.310 Assessments against benefited lands for district works; apportionment; hearing; works bonds
All or part of the cost of building, constructing, purchasing, operating, maintaining or improving works of the urban flood safety and water quality district may be assessed against the lands to be benefited by the works. The board of directors shall determine the portion of the cost, if any, that is to be paid from the general fund of the district and the p…
550.312 Annual charge payable by benefited lands for district works; apportionment; assessment and collection
The board of directors of the urban flood safety and water quality district may impose an annual charge to pay the costs of operating and maintaining district works that directly benefit lands situated within the managed floodplain of the district. If the board of directors elects to impose the charge, it shall determine the total amount of revenues require…
550.314 Fee on cities and counties for district operations and works; amount based on population; indexing; local charge to pay fee
The board of directors of the urban flood safety and water quality district may adopt an ordinance imposing a flood safety intergovernmental fee on incorporated cities and counties with territory situated within the district boundaries. The purpose of this fee is to compensate the district for the overall fixed costs of operating the district and operating …
550.320 Ad valorem property taxes; Local Budget Law applicable
The urban flood safety and water quality district may annually impose, assess and collect a tax on all taxable property located in the district in an amount sufficient to pay the principal and interest due in the fiscal year on outstanding general obligation bonds issued by the district. The tax imposed pursuant to this subsection shall be applied only in p…
550.330 Service and user charges for district works; collection agreements; revenue bonds
To pay the costs of acquiring, purchasing, constructing, improving, operating and maintaining district works, the board of directors may adopt an ordinance to: Impose and collect service charges, fees or rates on the owners or occupants of property served by the works of the district. Impose and collect user charges, fees and tolls for connection to or use…
550.340 General obligation bonds
Upon approval of the electors of the urban flood safety and water quality district, the district may issue general obligation bonds. The district may not issue or have outstanding at the time of issuance general obligation bonds in a principal amount that exceeds two percent of the real market value of all taxable property in the district, calculated as prov…
550.350 Loan agreements with state and federal agencies; enforcement by order of circuit court; filing of loan certificate
The urban flood safety and water quality district may enter into a loan agreement with a state or federal agency. The loan agreement shall be in such form and contain such terms as the district and the agency may agree to. The district may agree to impose and collect assessments against each tract of land benefited by the works or services financed by the l…
550.360 Dissolution of drainage or water control district or corporation; transfer of assets and liabilities to district; debt distribution plan; zone committee for continuity
Notwithstanding any other provision of law, the urban flood safety and water quality district may, by resolution of the board of directors, dissolve any drainage district formed and operating under ORS chapter 547, any drainage district organized and operating under ORS 548.005 to 548.120 or any corporation incorporated for any of the purposes listed in ORS …
550.362 Continuity of initial district board membership following dissolution of district or corporation under ORS 550.360
Following dissolution under ORS 550.360 of a district or corporation, the members of the initial district board appointed under ORS 550.190 (1)(i), (j) or (k) by the board of supervisors of the dissolved drainage district, or under ORS 550.190 (1)(L) by the board of directors of the dissolved corporation, shall continue to serve on the initial district board…
550.370 Notice requirements
Except as provided in subsection (2) of this section, when notice is required to be given by publication under ORS 550.150 to 550.410, the notice must be published in a newspaper of general circulation within the boundaries of the urban flood safety and water quality district, or if there is no such newspaper, in a newspaper of general circulation in Multnom…
550.380 Election laws applicable
ORS chapter 255 governs the nomination and election of the board of directors of the urban flood safety and water quality district and the conduct of all district elections. The electors may exercise the powers of the initiative and referendum regarding a district measure in accordance with ORS 255.135 to 255.205.
550.390 Waterway pollution; penalty
A person commits the crime of waterway pollution if the person: Throws, dumps or otherwise places, or permits to be thrown, dumped or otherwise placed, any rubbish, refuse or any other matter or object in any ditch, lateral, canal, slough or other waterway or conduit used in connection with any works or waterway under the control of the urban flood safety a…
550.400 Civil liability for remediation costs
Regardless of any criminal prosecution or the result of a prosecution under ORS 550.390, the urban flood safety and water quality district or any other person injured by a violation of ORS 550.390 may bring a civil action to secure an injunction, damages or other appropriate relief against any and all persons whose actions caused the injury to a waterway des…
550.410 Additional cause of action for certain impairments of district works
As used in this section, “actionable condition” means a condition on public or private property that obstructs, clogs, damages, injures, reduces the efficiency of, impairs the usefulness of or otherwise has a negative impact on the district’s works. In addition to the remedies provided under ORS 550.390 and 550.400, when an actionable condition exists, the …