Powers of drainage district.

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(2) A drainage district in a county with a population greater than 700,000 persons may adopt ordinances consistent with sanitary, agricultural, public health or public safety purposes under ORS 198.510 to 198.600 to carry out its powers and duties under the Drainage District Act, including ordinances related to:

(a) Flood protection, drainage control or management, including provisions for enforcement of the regulations;

(b) Rates, fees, fines and charges for the operation of the district and construction, maintenance, repair and improvement of the works of the district;

(c) A delegation of authority to the chief executive officer of the district to manage and administer the district; and

(d) Other matters determined by the board of supervisors to be necessary or convenient to exercise the authority granted to the district or to comply with the requirements of state and federal law.

(3) A drainage district shall provide written notice to any city in which all or a portion of the drainage district is located not more than 21 days and not less than 10 days prior to the first reading of a proposed ordinance described in subsection (2) of this section. The notice must include a brief description of the proposed ordinance and a copy of the proposed ordinance and must list the time, date and place of the public meeting at which the drainage district will consider the proposed ordinance. The date of notice shall be the date of mailing.

(4)(a) Notwithstanding subsection (2)(b) of this section, a drainage district may not impose on a city a rate, fee or charge unless the rate, fee or charge is a provision of an intergovernmental or urban services agreement between the drainage district and the city.

(b) A drainage district may levy a city an assessment, rate, fee, fine or charge as a property owner within the drainage district that is not a provision of an intergovernmental or urban services agreement, provided the drainage district levies the assessment, rate, fee, fine or charge against the city pursuant to the same terms and conditions as levied against other property owners within the drainage district.

(5) The drainage district shall consult and coordinate with all governmental units with authority to exercise similar powers and duties within the boundaries of the drainage district if the exercise of those powers and duties has the potential to conflict. In the event that an exercise of powers or duties by the drainage district conflicts with the exercise of similar powers by a governmental unit, the drainage district and governmental unit shall execute an intergovernmental or urban services agreement to resolve the conflict. [2015 c.544 §4]

Note: See note under 547.063.


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