(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.
Structure 2021 Oregon Revised Statutes
Volume : 07 - Public Facilities and Finance
Chapter 261 - People’s Utility Districts
Section 261.010 - Definitions.
Section 261.050 - Taxation of district property.
Section 261.105 - Powers of district; formation; annexation; consolidation.
Section 261.110 - Areas includable in district; description of district in petition for election.
Section 261.115 - Contents of electors’ petition; certification.
Section 261.141 - Formation, annexation or consolidation by resolution; contents of resolution.
Section 261.161 - Hearing by county governing body; notice; determination of boundaries.
Section 261.171 - County governing body to call election; notice; dates.
Section 261.180 - Effect of annexation or consolidation on title to property and indebtedness.
Section 261.190 - Election of first board of directors; qualifications; tenure.
Section 261.210 - Payment of election expenses; security deposit.
Section 261.225 - State agencies and private utilities to provide new district certain information.
Section 261.235 - Definitions for ORS 261.235 to 261.255.
Section 261.240 - Policy; construction.
Section 261.250 - District liability; application of moneys; use of power of eminent domain.
Section 261.305 - General powers of district.
Section 261.315 - Acquisition of distribution facilities outside district.
Section 261.335 - Districts subject to public contracting and purchasing requirements.
Section 261.355 - Procedure for issuance and sale of revenue bonds.
Section 261.360 - Authority to issue general obligation bonds.
Section 261.365 - Bond requirements.
Section 261.375 - Election to authorize district bond issue.
Section 261.380 - Refunding district indebtedness.
Section 261.385 - Levy and collection of taxes for certain purposes.
Section 261.405 - Board of directors; election; qualifications.
Section 261.410 - Nomination and election of directors of established districts.
Section 261.415 - Vacancy in office of director.
Section 261.425 - Officers of board.
Section 261.430 - Board meetings.
Section 261.460 - Legislative function of board.
Section 261.465 - Board supervision and regulation of district utilities; fixing rates.
Section 261.470 - Accounting system adopted by board; annual reports; annual audit.
Section 261.605 - Testing validity of certain commission and board proceedings.
Section 261.610 - Nature of proceeding; notice; appearance to contest; court determinations.
Section 261.630 - Institution of proceeding by elector; directors as parties; notice.
Section 261.710 - Call of election; effect of favorable vote.