Oregon Statutes 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 district, or the greater portion thereof, is located, for the purpose of having a judicial examination and judgment of the court as to regularity and legality of proceedings in connection with creation of the district, including:
Terms Used In Oregon Statutes 261.605
- board: means the governing body of a people's utility district, elected and functioning under the provisions of this chapter. See Oregon Statutes 261.010
- Contract: A legal written agreement that becomes binding when signed.
- County governing body: means either the county court or board of county commissioners and, if the affected territory is composed of portions of two or more counties, the governing body of that county having the greatest portion of the assessed value of all taxable property within the affected territory, as shown by the most recent assessment roll of the counties. See Oregon Statutes 261.010
- district: means an incorporated people's utility district, created under the provisions of this chapter. See Oregon Statutes 261.010
- petition: means a petition addressed to the county governing body and filed with the county clerk, containing the signatures of electors registered in the affected territory, equal to not less than three percent of the total number of votes cast for all candidates for Governor within the affected territory at the most recent election at which a candidate for Governor was elected to a full term, setting forth and particularly describing the boundaries of the parcel of territory, separate parcels of territory, city and district, or any of them, referred to therein, and requesting the county governing body to call an election to be held within the boundaries of the parcel of territory, separate parcels of territory, city and district, or any of them, for the formation of a district, the annexation of a parcel of territory or a city to a district, or the consolidation of two or more districts. See Oregon Statutes 261.010
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
- Utility: means a plant, works or other property used for development, generation, storage, distribution or transmission of electricity, or development or transmission of water for domestic or municipal purposes, but transmission of water shall not include water for irrigation or reclamation purposes, except as secondary to and when used in conjunction with a hydroelectric plant. See Oregon Statutes 261.010
(a) Any action or proceeding of the county governing body proclaiming the creation of the district, or declaring the result of any general or special election therein.
(b) The proceedings of the board and district providing for and authorizing issue and sale of bonds of the district, whether such bonds or any of them have or have not been sold or disposed of.
(c) Any order of the board levying a tax.
(d) The legality of the authorization of any contract with the United States and the validity of such contract, whether or not it has been executed.
(2) All proceedings of the district may be judicially examined and determined in one special proceeding, or any part thereof may be separately examined and determined by the court. [Amended by 1979 c.558 § 27]