2017 ORS 554.210¹
Plans and specifications
  • how adopted

(1) Owners of all the land described in the articles of incorporation may, by unanimous agreement in writing, subscribed and acknowledged by them:

(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 (Articles of incorporation) (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]

Chapter 554

Notes of Decisions

Water improve­ment district formed under this chapter is unit of govern­ment for purposes of filing suit under ORS 305.583 (Interested taxpayer petitions for certain determinations), but is not “govern­mental unit” within meaning of sec­tion 11b, Article XI of Oregon Constitu­tion. Comeaux v. Water Wonderland Improve­ment Dist., 12 OTR 132 (1992), aff’d 315 Or 562, 847 P2d 841 (1993)

Atty. Gen. Opinions

Authority of State Land Board to enter into nonprofit wa­ter supply district corpora­tion, (1978) Vol 38, p 2199

1 Legislative Counsel Committee, CHAPTER 554—Corporations for Irrigation, Drainage, Water Supply or Flood Control, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors554.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 554, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano554.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.