ORS 261.315
Acquisition of distribution facilities outside district


(1)

Except as to distribution facilities located in unincorporated territory at or near the boundaries of the people’s utility district and forming an interconnected part of the distribution system within the district, as determined by the county governing body after a public hearing, no facilities then being used for the distribution of electric energy outside the boundaries of the district shall be acquired by it until the acquisition thereof is approved by a majority of the electors registered in the territory in which the facilities are located, voting on that question at an election duly called for that purpose as provided in this section. If a part of the facilities is located within a city, the election shall be conducted so that the electors of the city may vote separately and have their votes counted separately, and the part within any city may not be acquired unless a majority of the electors of the city voting on the question approves.

(2)

When a district desires to acquire facilities outside its boundaries for distribution of electric energy, the board of directors shall pass a resolution declaring that purpose, specifying the facilities that it desires to acquire and describing the boundaries of the territory served by the facilities so as to include all those receiving service or can be reasonably served through the facilities.

(3)

A certified copy of the resolution shall be filed with the county governing body. Within 90 days thereafter, the county governing body shall designate the boundaries of the territory served by the facilities, and certify the boundaries to the counties in which they are located. The county governing body shall at the same time notify each of the counties of the call of an election for the purpose of authorizing acquisition of the facilities. This certification and notification shall be given to the county clerks of the respective counties. The notice shall state the time of the election and contain a ballot title stated in clear and concise language.

(4)

The provisions of ORS 261.200 (Proclamation of district formation or boundary change) shall be complied with insofar as applicable. Ballots cast by electors of cities shall be separately kept and counted for each city. [Amended by 1973 c.796 §13a; 1979 c.558 §21; 1983 c.83 §34; 2003 c.802 §78]

Source: Section 261.315 — Acquisition of distribution facilities outside district, https://www.­oregonlegislature.­gov/bills_laws/ors/ors261.­html.

261.005
Short title
261.007
Policy
261.010
Definitions
261.025
Statutory provisions cumulative
261.030
Limit of authority to control existing utilities of electric cooperatives or cities
261.035
Effect of chapter on charter provisions of cities and acquisition of plants
261.045
Procedure in absence of specific provision
261.050
Taxation of district property
261.055
Special elections called by board
261.060
Election procedure
261.065
Application of initiative, referendum and recall laws
261.105
Powers of district
261.110
Areas includable in district
261.113
Petition or resolution for formation to propose special levy for certain purposes
261.115
Contents of electors’ petition
261.118
Withdrawal from petition
261.121
Basis of computing percentage of petition signatures
261.131
Period for county clerk to certify petition
261.141
Formation, annexation or consolidation by resolution
261.147
Resolution to remove territory not served by district
261.151
Hearing by Director of State Department of Energy on district formation
261.161
Hearing by county governing body
261.171
County governing body to call election
261.180
Effect of annexation or consolidation on title to property and indebtedness
261.190
Election of first board of directors
261.200
Proclamation of district formation or boundary change
261.210
Payment of election expenses
261.215
When district formed
261.220
Mandamus to compel performance of its duties by county governing body
261.225
State agencies and private utilities to provide new district certain information
261.235
Definitions for ORS 261.235 to 261.255
261.240
Policy
261.241
Membership in electric cooperative or limited liability corporation
261.245
Authority of district to acquire interest in power facilities
261.250
District liability
261.253
Restriction on public contract imposing unconditional or unlimited financial obligation on electric utility
261.255
Use of district money or property
261.305
General powers of district
261.310
Irrigation, drainage, other districts given power of utility district in certain cases
261.315
Acquisition of distribution facilities outside district
261.325
Acquisition of water rights
261.327
Acquisition of distribution facilities of private utility
261.330
District water right appropriation exclusive if not excessive
261.335
Districts subject to public contracting and purchasing requirements
261.345
Employment of labor
261.348
Transactions for production, supply or delivery of electricity
261.350
Agreements for use of excess district facilities
261.355
Procedure for issuance and sale of revenue bonds
261.360
Authority to issue general obligation bonds
261.365
Bond requirements
261.371
Authority to issue and sell revenue bonds
261.375
Election to authorize district bond issue
261.380
Refunding district indebtedness
261.385
Levy and collection of taxes for certain purposes
261.390
Property taxable
261.405
Board of directors
261.410
Nomination and election of directors of established districts
261.415
Vacancy in office of director
261.420
Terms of office of directors
261.425
Officers of board
261.430
Board meetings
261.445
Appointment and removal of district manager
261.460
Legislative function of board
261.465
Board supervision and regulation of district utilities
261.470
Accounting system adopted by board
261.605
Testing validity of certain commission and board proceedings
261.610
Nature of proceeding
261.615
Appeal to Court of Appeals
261.620
Guidance for court determination
261.625
Costs of proceeding
261.630
Institution of proceeding by elector
261.635
Procedure exclusive
261.705
Authority to dissolve district
261.710
Call of election
261.715
Directors as trustees
261.720
Inventory and sale of district property
261.725
Disposal of sale proceeds
261.730
Disposal of district books and records
261.900
Construction
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