2021 Oregon Revised Statutes
Chapter 261 - People’s Utility Districts
Section 261.305 - General powers of district.


(1) To have perpetual succession.
(2) To adopt a seal and alter it at pleasure.
(3) To sue and be sued, to plead and be impleaded.
(4) To acquire and hold, including by lease-purchase agreement, real and other property necessary or incident to the business of the districts, within or without, or partly within or partly without, the district, and to sell or dispose of that property; to acquire, develop and otherwise provide for a supply of water for domestic and municipal purposes, waterpower and electric energy, or electric energy generated from any utility, and to distribute, sell and otherwise dispose of water, waterpower and electric energy, within or without the territory of such districts.
(5) To acquire, own, trade, sell or otherwise transfer renewable energy certificates.
(6) To exercise the power of eminent domain for the purpose of acquiring any property, within or without the district, necessary for the carrying out of the provisions of this chapter.
(7) To borrow money and incur indebtedness; to issue, sell and assume evidences of indebtedness; to refund and retire any indebtedness that may exist against or be assumed by the district or that may exist against the revenues of the district; to pledge any part of its revenues; and to obtain letters of credit or similar financial instruments from banks or other financial institutions. Except as provided in ORS 261.355 and 261.380, no revenue or general obligation bonds shall be issued or sold without the approval of the electors. The board of directors may borrow from banks or other financial institutions such sums as the board of directors deems necessary or advisable. No indebtedness shall be incurred or assumed except for the development, purchase and operation of electric utility facilities or for the purchase of electricity, electrical capacity or renewable energy certificates.
(8) To exercise the powers otherwise granted to districts by ORS 271.390.
(9) To levy and collect, or cause to be levied and collected, subject to constitutional limitations, taxes for the purpose of carrying on the operations and paying the obligations of the district as provided in this chapter.
(10) To make contracts, to employ labor and professional staff, to set wages in conformance with ORS 261.345, to set salaries and provide compensation for services rendered by employees and by directors, to provide for life insurance, hospitalization, disability, health and welfare and retirement plans for employees, and to do all things necessary and convenient for full exercise of the powers herein granted. The provision for life insurance, hospitalization, disability, health and welfare and retirement plans for employees shall be in addition to any other authority of people’s utility districts to participate in those plans and shall not repeal or modify any statutes except those that may be in conflict with the provision for life insurance, hospitalization, disability, health and welfare and retirement plans.
(11) To enter into contracts with any person, any public or private corporation, the United States Government, the State of Oregon, or with any other state, municipality or utility district, and with any department of any of these, for carrying out any provisions of this chapter.
(12) To enter into agreements with the State of Oregon or with any local governmental unit, utility, special district or private or public corporation for the purpose of promoting economic growth and the expansion or addition of business and industry within the territory of the people’s utility district. Before spending district funds under such an agreement, the board of directors shall enter on the written records of the district a brief statement that clearly indicates the purpose and amount of any proposed expenditure under the agreement.
(13) To fix, maintain and collect rates and charges for any water, waterpower, electricity or other commodity or service furnished, developed or sold by the district.
(14) To construct works across or along any street or public highway, or over any lands which are property of this state, or any subdivision thereof, and to have the same rights and privileges appertaining thereto as have been or may be granted to cities within the state, and to construct its works across and along any stream of water or watercourse. Any works across or along any state highway shall be constructed only with the permission of the Department of Transportation. Any works across or along any county highway shall be constructed only with the permission of the appropriate county court. Any works across or along any city street shall be constructed only with the permission of the city governing body and upon compliance with applicable city regulations and payment of any fees called for under applicable franchise agreements, intergovernmental agreements under ORS chapter 190 or contracts providing for payment of such fees. The district shall restore any such street or highway to its former state as near as may be, and shall not use the same in a manner unnecessarily to impair its usefulness.
(15) To elect a board of five directors to manage its affairs.
(16) To enter into franchise agreements with cities and pay fees under negotiated franchise agreements, intergovernmental agreements under ORS chapter 190 and contracts providing for the payment of such fees.
(17) To take any other actions necessary or convenient for the proper exercise of the powers granted to a district by this chapter and by section 12, Article XI of the Oregon Constitution. [Amended by 1953 c.627 §2; 1957 c.334 §1; 1979 c.558 §19; 1985 c.474 §1; 1987 c.245 §4; 1993 c.97 §1; 1995 c.333 §15; 2003 c.802 §76; 2007 c.301 §38; 2007 c.895 §9]

Structure 2021 Oregon Revised Statutes

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 261.147 - Resolution to remove territory not served by district; hearing; notice; election on question of removal; effect of removal.

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 261.200 - Proclamation of district formation or boundary change; special levy; property owner petition.

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 261.253 - Restriction on public contract imposing unconditional or unlimited financial obligation on electric utility.

Section 261.305 - General powers of district.

Section 261.310 - Irrigation, drainage, other districts given power of utility district in certain cases.

Section 261.315 - Acquisition of distribution facilities outside district.

Section 261.335 - Districts subject to public contracting and purchasing requirements.

Section 261.345 - Employment of labor; pay and conditions; agreements; rights of previous employees of private utility.

Section 261.348 - Transactions for production, supply or delivery of electricity; financial products contracts.

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 261.445 - Appointment and removal of district manager; qualifications; salary; acting manager; powers and duties.

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.

Section 261.725 - Disposal of sale proceeds.

Section 261.900 - Construction.