(a) Cause to be prepared and approve and adopt detailed plans and specifications for the works and improving of the lands under the plan described in the articles of incorporation;
(b) Make a report upon the same, including an estimate of the cost; and
(c) File the plans, specifications and report with the secretary of the corporation.
(2) When the owners have acted pursuant to subsection (1) of this section:
(a) The board of directors shall adopt a resolution briefly reciting the facts of the plans, specifications and report and accepting, approving and adopting them as the plan of improvement of the land described in the articles of incorporation.
(b) The plans, and specifications and report shall be the plans of the corporation for the works and improvement of the land.
(3) If the landowners do not adopt plans, specifications and a report thereon by unanimous consent, the plans, specifications and report may be adopted by resolution at a meeting of members as provided in subsections (4) to (6) of this section.
(4) The board of directors at any meeting of the board may adopt a resolution:
(a) Designating and authorizing the expenditures for preliminary investigation and report upon the plans and cost of works and construction, or repair or reconstruction of the same, or purchasing or acquiring any property, ditches, dikes, levees, plants, improvements, easements, rights of way, water rights, or other things necessary, advantageous or beneficial for improving the land under the plan described in the articles of incorporation; or
(b) Determining and declaring that such preliminary investigation and the expense thereof is unnecessary.
(5) Pursuant to action under subsection (4) of this section, the directors shall then:
(a) Secure a competent engineer, if necessary or desirable, who shall make the investigation, and prepare detailed plans and specifications and make a report upon the same, including an estimate of the cost thereof; or
(b) Prepare detailed plans and specifications and report with an estimate of the cost thereof without securing an engineer.
(6) The directors shall submit the detailed plans and specifications and report to a meeting of the members of the corporation for adoption. Adoption must in that case be made by resolution passed by a two-thirds vote of all the votes to which the members may be entitled.
(7) Notwithstanding subsections (1) to (6) of this section, when a corporation formed under ORS chapter 554 takes ownership of existing sanitary sewer facilities under ORS 554.020 (1)(b), the board of directors may adopt as detailed plans and specifications of the corporation the plans and specifications of the former owner or operator of the sanitary sewer facilities without securing a competent engineer. [Amended by 2013 c.284 §4]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 554 - Corporations for Irrigation, Drainage, Water Supply or Flood Control
Section 554.005 - Filing requirements.
Section 554.007 - Effective time and date of document.
Section 554.009 - Correcting filed document.
Section 554.011 - Penalty for signing false document.
Section 554.015 - Filing duty of Secretary of State.
Section 554.018 - Evidentiary effect of copy of filed document.
Section 554.019 - Certificate of existence.
Section 554.020 - Articles of incorporation; filing.
Section 554.040 - Contents of articles.
Section 554.060 - Challenge to validity of organization; effect of defects or omissions.
Section 554.070 - Membership; meetings; voting; proxies; voting trusts; quorum; removal of officers.
Section 554.080 - Corporate existence; powers of corporation.
Section 554.082 - Registered office and registered agent.
Section 554.084 - Change of registered office or registered agent.
Section 554.086 - Resignation of registered agent.
Section 554.088 - Service on corporation.
Section 554.110 - Powers of directors.
Section 554.135 - Alternative method for collecting assessments.
Section 554.140 - Directors’ duty to institute proceedings to enforce lien; attorney fees.
Section 554.180 - Landowners’ notice; contents.
Section 554.190 - Recording notice; effect; lien on land; priority.
Section 554.210 - Plans and specifications; how adopted.
Section 554.230 - Bonds; recitals; payment; liability of land.
Section 554.275 - Activity of corporation as urban service.
Section 554.302 - Dissolution of corporation by Secretary of State; conditions.
Section 554.307 - Reinstatement of dissolved corporation.
Section 554.309 - Denial of reinstatement; appeal.
Section 554.315 - Annual report; contents; filing with Secretary of State; amended report.
Section 554.340 - Judicial determination of legality of proceedings.
Section 554.350 - Service to lands outside district; findings; tax exemption.
Section 554.440 - Malheur Improvement Company; exclusion or inclusion of land.
Section 554.530 - Application; contents; deposit; filing.
Section 554.570 - Effect of exclusion on existing debts.
Section 554.580 - Condition of approval of inclusion.
Section 554.590 - Articles of amendment; filing; effective date.