Oregon Revised Statutes

Or. Rev. Stat. § 328.260 (2026)

Tax levy to pay interest and principal of bonds; use of funds derived from tax

✓ current as of May 2026

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328.260 Tax levy to pay interest and principal of bonds; use of funds derived from tax. (1) The district school board shall ascertain and levy annually, in addition to all other taxes, a direct ad valorem tax on all the taxable property in the school district, sufficient to pay the maturing interest and principal of all serial school district bonds promptly when and as such payments become due. The amount of the tax may be increased by an amount sufficient to retire any bonds that may be callable. The board shall in each year include the taxes in the school district budget for such year. The taxes shall in each year be certified, extended upon the tax rolls and collected by the same officers in the same manner and at the same time as the taxes for general county purposes.

(2) The funds derived from the tax levies may be retained by the county treasurer or county fiscal officer without being paid to the school district or may be held in trust by an insured institution or trust company, as defined in ORS 706.008, designated by the district to hold the funds. The funds shall be kept in a separate fund to be known as and designated “School District No. ___ Bond Interest and Sinking Fund,” which shall be irrevocably pledged to and used solely for the payment of the interest accruing on and the principal of the bonds when due, so long as any of the bonds or the coupons thereto appertaining remain outstanding and unpaid. The interest earnings of the fund shall be credited thereto and become a part thereof. For failure to retain and account for such funds, as provided in this section, the county treasurer, county fiscal officer or insured institution or trust company designated by the district shall be liable upon the official bond of the treasurer, other officer or institution, respectively.

(3) The fund shall not be diverted or used for any other purpose; but if a surplus remains after all interest and principal have been paid on all serial school district bonds then outstanding and unpaid, the surplus may be transferred to such other fund as the district school board may direct. [Amended by 1955 c.467 §1; 1965 c.100 §57a; 1981 c.441 §2; 1985 c.762 §184; 1997 c.631 §461]

Notes of Decisions

Cited in 3 cases, 1969–1988 · leading case: Smith v. Colton Sch. Dist. No. 53, 10 Or. Tax 295 (Or. T.C. 1986).

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Smith v. Colton Sch. Dist. No. 53, 10 Or. Tax 295 (Or. T.C. 1986). · cites it 4× “Defendant contends that ORS 328.260, which requires that debt service be paid from a special sinking fund, does not mean that the only source of money to go into such fund is from a tax levy.”

State Ex Rel. Mallicoat v. Coe, 460 P.2d 357 (Or. 1969). · cites it 3× “Defendant holds the redemption fund pursuant to ORS 328.260(2), which provides: “The funds derived from such tax levies shall be retained by the county treasurer or county fiscal officer without being paid to the school district or to any officer thereof, and shall be kept by…”

Bowman v. Falls City Sch. Dist., 11 Or. Tax 22 (Or. T.C. 1988). · cites it 2× “ORS 328.260. The Local Budget Law, ORS ch 294, sets forth the procedures and standards which must be complied with by municipal corporations.”

— Or. Rev. Stat. § 328.260(1) — 1 case

Smith v. Colton Sch. Dist. No. 53, 10 Or. Tax 295 (Or. T.C. 1986). “Defendant contends that ORS 328.260, which requires that debt service be paid from a special sinking fund, does not mean that the only source of money to go into such fund is from a tax levy.”

— Or. Rev. Stat. § 328.260(2) — 1 case

State Ex Rel. Mallicoat v. Coe, 460 P.2d 357 (Or. 1969). “Defendant holds the redemption fund pursuant to ORS 328.260(2), which provides: “The funds derived from such tax levies shall be retained by the county treasurer or county fiscal officer without being paid to the school district or to any officer thereof, and shall be kept by…”

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