2007 Oregon Code - Chapter 266 :: Chapter 266 - Park and Recreation Districts
Chapter 266 —
Park and Recreation Districts
2007 EDITION
PARK AND RECREATION DISTRICTS
PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
GENERAL PROVISIONS
266.010Â Â Â Â Definitions
266.040Â Â Â Â Application
of ORS chapter 255 to district
266.110Â Â Â Â Petition
for formation
DISTRICT BOARD
266.310Â Â Â Â Officers
of district; qualifications
266.320Â Â Â Â Number
of board members elected at formation election; terms of office
266.325Â Â Â Â Changing
number of board members; election; notice to Secretary of State
266.330Â Â Â Â Election
of board members; terms
266.335Â Â Â Â Continuing
schedule of biennial elections after change in number of board members; powers
of Secretary of State
266.340Â Â Â Â Oath
of office of board members
266.370Â Â Â Â Board
as governing power; president and secretary; signing documents; meetings
266.375Â Â Â Â Manner
of electing board members
266.380Â Â Â Â Changing
manner of electing board members; requirements; election
266.385Â Â Â Â Boundaries
of zones for board members; adjustment for population and boundary changes;
filing of boundary change with county assessor and Department of Revenue
POWERS AND DUTIES
266.410Â Â Â Â General
district powers
266.420Â Â Â Â Levy
of taxes
266.430Â Â Â Â Sinking
funds
266.440Â Â Â Â Deposit
and disbursement of district moneys
266.450Â Â Â Â Regulations
and orders adopted by board; penalty for violating regulation
266.460Â Â Â Â District
attorney to aid board; special counsel
266.470Â Â Â Â Disposition
of fines
266.480Â Â Â Â Power
to contract bonded indebtedness for certain purposes
266.490Â Â Â Â Bond
election at discretion of board or on petition
266.512Â Â Â Â Authority
for general obligation bonds; issuance and sale of general obligation bonds and
revenue bonds
266.514Â Â Â Â Revenue
bonds; issuance; conditions
266.516Â Â Â Â Refunding
bonds
266.518Â Â Â Â Contracts
with
266.530Â Â Â Â Registration
and delivery of bonds; disposition of proceeds
266.540Â Â Â Â Additional
taxes for payment of bond interest and principal; bond sinking fund
266.550Â Â Â Â Procedure
in event board fails to levy bond tax
266.560Â Â Â Â Redemption
of bonds; notice
266.580Â Â Â Â Payment
of bond principal and interest; payment of collection commission
266.590Â Â Â Â Validation
of certain bond issues
GENERAL PROVISIONS
     266.010
Definitions. As used in this
chapter:
     (1) “County board” means county court or
board of county commissioners of the county.
     (2) “County” means the county in which the
district, or the greater portion of the taxable assessed value of the district,
is located.
     (3) “District” means park and recreation
district formed under this chapter.
     (4) “District board” means the governing
body of a district.
     (5) “Owner” means the holder of record
title to real property or the vendee under a land sale contract, if there is
such a contract. [Subsection (2) (1967 Replacement Part) enacted as 1967 c.574 §2;
1969 c.668 §1; 1983 c.83 §41]
     266.020 [Repealed by 1971 c.647 §149]
     266.030 [1961 c.587 §4; 1969 c.668 §2; repealed by
1971 c.727 §203]
     266.040
Application of ORS chapter 255 to district. (1) ORS chapter 255 governs the following:
     (a) The nomination and election of board
members.
     (b) The conduct of all elections in the
district.
     (2) The electors of a district may
exercise the powers of the initiative and referendum regarding a district
measure, in accordance with ORS 255.135 to 255.205. [1983 c.350 §118]
     266.110
Petition for formation. (1)
A community may form a municipal corporation to provide park and recreation
facilities for the inhabitants.
     (2) In addition to other required matters,
the petition for formation shall state the number of members to be on the
district board and the method of election of the board of the proposed district
from among the methods described in ORS 266.375. [Amended by 1957 c.57 §1; 1961
c.587 §1; 1969 c.668 §3; 1971 c.727 §91; 1975 c.249 §5]
     266.115 [1961 c.587 §3; 1969 c.668 §4; repealed by
1971 c.727 §203]
     266.120 [Amended by 1969 c.668 §5; repealed by 1971
c.727 §203]
     266.130 [Amended by 1969 c.668 §6; repealed by 1971
c.727 §203]
     266.140 [Amended by 1969 c.668 §7; repealed by 1971
c.727 §203]
     266.150 [Repealed by 1971 c.647 §149 and by 1971
c.727 §203]
     266.160 [Amended by 1969 c.668 §8; repealed by 1971
c.647 §149]
     266.170 [Amended by 1969 c.668 §9; repealed by 1971
c.647 §149]
     266.180 [Amended by 1969 c.668 §10; repealed by 1971
c.727 §203]
DISTRICT
BOARD
     266.310
Officers of district; qualifications. (1) The officers of the district shall be a board of three or five
members, to be elected by the electors of the district, and a secretary, to be
appointed by the board.
     (2) Every elector of a district is
qualified to be a member of the board or officer of the district. [Amended by
1957 c.57 §2; 1969 c.668 §11; 1983 c.83 §42; 1983 c.350 §113]
     266.320
Number of board members elected at formation election; terms of office. (1) The number of district board members to
be elected shall be three or five, according to the number set forth in the
petition for formation. The terms of the first board members shall be
determined as provided in subsections (2) and (3) of this section.
     (2) If a three-member board is to be
elected:
     (a) The candidates receiving the highest
and the second highest vote shall be elected to a term expiring June 30 next
following the second regular district election.
     (b) The candidate receiving the third
highest vote shall be elected to a term expiring June 30 next following the
first regular district election.
     (3) If a five-member board is to be
elected:
     (a) The candidates receiving the first,
second and third highest vote shall be elected to a term expiring June 30 next
following the second regular district election.
     (b) The candidates receiving the fourth
and fifth highest vote shall be elected to a term expiring June 30 next
following the first regular district election. [Amended by 1957 c.57 §3; 1969
c.668 §12; 1971 c.647 §56; 1971 c.727 §192; 1983 c.350 §114]
     266.325
Changing number of board members; election; notice to Secretary of State. (1) This section establishes the procedure
for determining the following questions:
     (a) Whether a district having a
three-member board shall increase the number of members to five.
     (b) Whether a district having a five-member
board shall decrease the number of members to three.
     (2) The question of increasing or
decreasing the membership of the district board shall be determined at a
regular district election. The district board shall order that the question be
submitted to the electors when a petition is filed with the secretary of the
board requesting that the electors of the district be permitted to vote on the
question. The requirements for preparing, circulating and filing the petition
shall be as provided for an initiative petition in ORS 255.135 to 255.205. The
board shall be increased to five members or decreased to three members if a
majority of the votes cast on the question favors the increase or decrease. At
an election to increase the membership, electors shall vote for candidates to
fill the additional positions.
     (3) Not later than the 40th day before the
regular district election at which a question under this section will be
submitted, the district elections authority shall notify the Secretary of State.
If the electors favor the increase or decrease in board membership, not later
than the 30th day after the election, the Secretary of State by rule shall
allocate and stagger the terms of the board members under ORS 266.335. [1957
c.57 §7; 1983 c.350 §115; 1985 c.808 §75]
     266.330
Election of board members; terms. (1) At the regular district election, successors to the board members
whose terms expire shall be elected as follows:
     (a) In an unzoned district, if one board
member is to be elected, the candidate receiving the highest vote shall be
elected. If two or three board members are to be elected, the candidates
receiving the first and second or first, second and third highest vote shall be
elected.
     (b) In a district that is zoned under ORS
266.380:
     (A) If a board member is to be elected by
the electors of a zone, the candidate who receives the highest vote from the
zone shall be elected.
     (B) If a board member is to be elected by
the electors of the entire district, the candidate receiving the highest vote
among the candidates nominated from the same zone shall be elected.
     (2) Except as provided in ORS 266.320 and
266.335, the term of a board member is four years. [Amended by 1957 c.57 §4;
1969 c.668 §13; 1973 c.796 §24; 1975 c.647 §28; 1983 c.350 §116]
     266.335
Continuing schedule of biennial elections after change in number of board
members; powers of Secretary of State. (1) When a district under ORS 266.325 expands the membership of its
district board from three to five members or reduces the membership of its
board from five to three members, the Secretary of State by rule shall provide
for continuing the schedule of biennial elections of board members as follows:
     (a) If the board is reduced to three
members, at least one member shall be elected at each regular district
election.
     (b) If the board is expanded to five
members, at least two members shall be elected at each regular district
election.
     (2) The Secretary of State may adjust and
stagger the terms of board members as necessary in order to continue regular
biennial elections under subsection (1) of this section.
     (3) The Secretary of State shall take into
consideration and, as much as possible, provide for the continued method of
representation adopted by the district under ORS 266.375. [1983 c.350 §112]
     266.340
Oath of office of board members. A district board member when elected shall take the oath of office
within 10 days after receiving the certificate of election. [Amended by 1969
c.345 §6; 1969 c.668 §§14,45]
     266.350 [Repealed by 1971 c.403 §18]
     266.360 [Amended by 1957 c.57 §5; 1969 c.668 §15;
repealed by 1969 c.668 §46 and by 1969 c.669 §21]
     266.370
Board as governing power; president and secretary; signing documents; meetings. (1) The park and recreation board shall be
the governing power of the district and shall exercise all powers of the
district.
     (2) At its first meeting or as soon
thereafter as may be practicable, the board shall choose one of its members as
president and shall appoint a secretary who need not be a member of the board.
In case of the absence, or inability to act, of the president or secretary, the
board shall, by order entered upon the minutes, choose a president pro tempore,
or secretary pro tempore, or both, as the case may be.
     (3) All contracts, deeds, warrants,
releases, receipts and documents of every kind shall be signed in the name of
the district by its president and shall be countersigned by its secretary.
     (4) The board shall hold such meetings
either in the day or evening, as may be necessary.
     (5) The board shall fill any vacancy on
the board as provided in ORS 198.320. [Amended by 1983 c.350 §119]
     266.375
Manner of electing board members. (1) The board members may be elected in one of the following methods
or a combination thereof:
     (a) Elected by the electors of zones as
nearly equal in population as possible according to the latest federal census.
     (b) Elected at large by position number by
the electors of the district.
     (2) Candidates for election from zones
shall be nominated by electors of the zones. Candidates for election at large
may be nominated by electors of zones or by electors of the district, as
determined under subsection (3) of this section.
     (3) Where the method selected under
subsection (2) of this section includes a combination of nomination of
candidates from zones and of nomination of candidates at large, the number of
candidates to be nominated in each manner shall be specified in the petition
submitted under ORS 266.110 or in the petition or resolution under ORS 266.380.
[1975 c.249 §2]
     266.380
Changing manner of electing board members; requirements; election. (1) This section establishes the procedure
for determining whether the method adopted in a district for nominating and
electing board members should be changed to another method. The question shall
be decided by election. The district board:
     (a) May order the election on its own
resolution; or
     (b) Shall order the election when a
petition is filed as provided in this section.
     (2) Except as otherwise provided in this
section, the requirements for preparing, circulating and filing a petition
under this section shall be as provided for an initiative petition in ORS
255.135 to 255.205.
     (3) If the question proposes creation of
zones or a change in the boundaries or the number of existing zones, the
following requirements shall apply:
     (a) The petition shall contain a map
indicating the proposed zone boundaries. The map shall be attached to the cover
sheet of the petition and shall not exceed 14 inches by 17 inches in size.
     (b) Notwithstanding ORS 250.035, the
statement summarizing the measure and its major effect in the ballot title
shall not exceed 150 words. The statement:
     (A) Shall specify the method of nomination
and election of board members from among the methods described in ORS 266.375.
The statement also shall specify whether, in filling each position on the
board, an elector of the district may sign a petition of nomination or vote for
a candidate from any zone or only for a candidate from the zone in which the
elector resides.
     (B) Shall include a general description of
the proposed boundaries of the zones, using streets and other generally
recognized features.
     (c) The order calling the election shall
contain a map of the proposed zone boundaries and a metes and bounds or legal
description of the proposed zone boundaries. The map and description shall be
prepared by the county surveyor or county assessor and shall reflect any
adjustments made in the boundaries under subsection (6) of this section.
     (4) The map to be contained in the
petition under subsection (3) of this section shall be prepared by the county
surveyor or county assessor. The chief petitioners shall pay the county for the
cost of preparing the map, as determined by the county surveyor or county
assessor. The county clerk shall not accept the prospective petition for filing
until the chief petitioners have paid the amount due.
     (5) Subsection (3) of this section does
not apply if the question proposes abolition of all zones.
     (6) Before submitting to election a
question to which subsection (3) of this section applies, the district board
shall adjust the proposed boundaries of the zones to make them as nearly equal
in population as feasible according to the latest federal census. The district
board shall amend the ballot title as necessary to reflect its adjustment of
the boundaries.
     (7) If the electors of the district
approve the establishment of zones or a change in the boundaries or the number
of existing zones, board members shall continue to serve until their terms of
office expire. As vacancies occur, positions to be filled by nomination or
election by zone shall be filled by persons who reside within zones which are
not represented on the board. If more than one zone is not represented on the
board when a vacancy occurs, the zone entitled to elect a board member shall be
decided by lot. [1975 c.249 §3; 1983 c.350 §120; 1995 c.79 §92; 1995 c.534 §14]
     266.385
Boundaries of zones for board members; adjustment for population and boundary
changes; filing of boundary change with county assessor and Department of Revenue. (1) The board shall adjust zones established
within a district as necessary to make them as nearly equal in population as is
feasible according to the latest federal census. The board also shall adjust
boundaries of zones as necessary to reflect boundary changes of the district.
     (2) For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225. [1975 c.249 §4; 1983
c.350 §121; 2001 c.138 §10]
POWERS AND
DUTIES
     266.410
General district powers.
Every district shall have power:
     (1) To have and use a common seal.
     (2) To sue and be sued in its name.
     (3) To construct, reconstruct, alter,
enlarge, operate and maintain such lakes, parks, recreation grounds and
buildings as, in the judgment of the district board, are necessary or proper,
and for this purpose to acquire by lease, purchase, gift, devise, condemnation
proceedings or otherwise such real and personal property and rights of way,
either within or without the limits of the district as, in the judgment of the
board, are necessary or proper, and to pay for and hold the same.
     (4) To make and accept any and all
contracts, deeds, leases, releases and documents of any kind which, in the
judgment of the board, are necessary or proper to the exercise of any power of
the district, and to direct the payment of all lawful claims or demands.
     (5) To assess, levy and collect taxes to
pay the cost of acquiring sites for and constructing, reconstructing, altering,
operating and maintaining any lakes, parks, recreation grounds and buildings
that may be acquired, or any lawful claims against the district, and the
running expenses of the district.
     (6) To employ all necessary agents and
assistants, and to pay the same.
     (7) To make and enforce regulations:
     (a) For the removal of garbage and other
deleterious substances, and all other sanitary regulations not in conflict with
the Constitution, the laws of Oregon or the regulations of the Environmental
Quality Commission.
     (b) Governing the conduct of the users of
the facilities of lakes, parks, recreational grounds and buildings within the
district.
     (8) To prohibit any person violating any
rule or regulation from thereafter using the facilities of the district for
such period as the board may determine.
     (9) To call necessary or proper elections
after the formation of the district.
     (10) To enlarge the boundaries of the
district as provided by ORS 198.705 to 198.955.
     (11) To compel all residents and owners
within the district to connect their houses and habitations with the street
sewers, drains or other sewage disposal system.
     (12) To establish and collect reasonable
charges for the use of the facilities of the district and issue appropriate
evidence of the payment of such charges.
     (13) Generally to do and perform any and
all acts necessary and proper to the complete exercise and effect of any of its
powers or the purposes for which it was formed. [Amended by 1961 c.587 §5; 1969
c.668 §16; 1971 c.647 §57; 1971 c.727 §193; 1983 c.350 §122; 2001 c.104 §81]
     266.420
Levy of taxes. Each year the
district board shall determine and fix the amount of money to be levied and
raised by taxation, for the purposes of the district. The total amount in
dollars and cents shall not exceed one-half of one percent (0.0050) of the real
market value of all taxable property within the district, computed in
accordance with ORS 308.207. [Amended by 1963 c.9 §11; 1969 c.668 §17; 1983
c.773 §3; 1991 c.459 §362]
     266.430
Sinking funds. The park and
recreation board, by resolution duly adopted, may establish sinking funds for
the purpose of defraying the costs of acquiring land for park and recreation
sites, and for acquiring or constructing buildings or facilities thereon or
therein. Any such fund may be created through the inclusion annually within the
tax budget of the district of items representing the yearly installments to be
credited thereto. The amount of these items shall be collected and credited to
the proper fund in the same manner in which taxes levied or revenues derived
for other purposes for the district are collected and credited. The balances to
the credit of the funds need not be taken into consideration or deducted from
budget estimates by the levying authority in preparing the annual budget of the
district. None of the moneys in such funds shall be diverted or transferred to
other funds, but if unexpended balances remain after disbursement of the funds
for the purpose for which they were created, such balances, upon approval by
resolution of the park and recreation board, shall be transferred to the
operation and maintenance fund of the district.
     266.440
Deposit and disbursement of district moneys. (1) Except as otherwise provided by ORS 266.530 to 266.580, the money
of the district shall be deposited, in the discretion of the district board,
either with the county treasurer of the county, in accordance with subsections
(2) to (4) of this section, or in one or more banks or savings and loan
associations to be designated by the board. Funds deposited in a bank or
savings and loan association shall be withdrawn or paid out only upon proper
order and warrant or check signed by the secretary and countersigned by the
president of the district board. The board may by resolution designate a
secretary pro tempore or a president pro tempore who may sign warrants or
checks on behalf of the secretary and president, respectively.
     (2) If district funds are deposited with
the county treasurer, when the tax collector pays over to the county treasurer
moneys collected for a district, the county treasurer shall keep the moneys in
the county treasury as follows:
     (a) The county treasurer shall place and
keep in a fund called the operation and maintenance fund of the district
(naming it) the moneys levied by the district board for that fund.
     (b) The county treasurer shall place and
keep in a fund called the construction fund of the district (naming it) the
moneys levied by the board for construction, reconstruction and alteration.
     (3) The county treasurer shall pay out
moneys from the funds only upon the written order of the board, signed by the
president and countersigned by the secretary. The order shall specify the name
of the person to whom the money is to be paid and the fund from which it is to
be paid, and shall state generally the purpose for which the payment is made.
The order shall be entered in the minutes of the board.
     (4) The county treasurer shall keep the
order as a voucher, and shall keep a specific account of receipts and
disbursements of money for the district. [Amended by 1969 c.668 §18; 1973 c.220
§1]
     266.450
Regulations and orders adopted by board; penalty for violating regulation. (1) Any general regulation of the district
board shall be adopted in accordance with ORS 198.510 to 198.600.
     (2) Orders not establishing a general
regulation need not be published or posted, unless otherwise provided by this
chapter, but shall be entered in the minutes, and the entry shall be signed by
the secretary of the board. An ordinary order shall take effect upon the entry
in the minutes.
     (3) Violation of a regulation enacted
under ORS 266.410 (7) is a misdemeanor punishable upon conviction by a fine not
to exceed $100 or imprisonment not to exceed five days, or both. [Amended by
1969 c.668 §19; 1971 c.268 §13]
     266.460
District attorney to aid board; special counsel. The district board may call upon the
district attorney for advice as to any district business. The district attorney
shall give advice when called on therefor by the board. The board may at any
time employ special counsel for any purpose. [Amended by 1969 c.668 §20; 1971
c.268 §14]
     266.470
Disposition of fines. All
fines for violation of any regulation or order of the district board shall,
when paid to the secretary of the board, be deposited by the district in the
operation and maintenance fund of the district. [Amended by 1969 c.668 §21;
1971 c.268 §15; 1973 c.220 §2]
     266.480
Power to contract bonded indebtedness for certain purposes. A district has the power to contract a
bonded indebtedness for the purpose of providing funds:
     (1) To acquire land, rights of way,
interests in land, buildings and equipment.
     (2) To improve land and develop parks and
recreation grounds.
     (3) To construct, reconstruct, improve,
repair and furnish buildings, gymnasiums, swimming pools, golf courses, driving
ranges, boat marinas and recreational facilities of every kind.
     (4) To acquire equipment of all types,
including vehicular equipment necessary for and in the use, development and
improvement of the lands and facilities of the district.
     (5) To pay the costs, expenses and
attorney fees incurred in the issue and sale of the bonds.
     (6) To fund or refund outstanding
indebtedness, or for any one or combination of any such purposes. [Amended by
1969 c.668 §22]
     266.490
Bond election at discretion of board or on petition. (1) For the purpose of providing funds with
which to put into effect one or any combination of any of the purposes
authorized under ORS 266.480, the district board, when authorized by a majority
of those voting at an election called for that purpose, may borrow money and
sell and dispose of general obligation bonds.
     (2) The district board:
     (a) May order an election under this
section on its own resolution; or
     (b) Shall order an election under this
section when a petition is filed as provided in this section.
     (3) A petition shall specify a dollar
amount for carrying out any one or more of the purposes authorized by ORS
266.480. The requirements for preparing, circulating and filing a petition
under this section shall be as provided for an initiative petition in ORS
255.135 to 255.205. [Amended by 1967 c.609 §4; 1969 c.668 §23; 1975 c.627 §3;
1979 c.190 §410; 1983 c.350 §123]
     266.500 [Amended by 1969 c.668 §24; repealed by 1971
c.647 §149]
     266.510 [Amended by 1963 c.9 §12; repealed by 1969
c.668 §25 (266.512 enacted in lieu of 266.510 and 266.520)]
     266.512
Authority for general obligation bonds; issuance and sale of general obligation
bonds and revenue bonds. (1)
Whenever authorized by the electors, the district board may issue general
obligation bonds of the district, not exceeding the principal amount stated in
the notice of election and for the purpose therein named.
     (2) The aggregate amount of general
obligation bonds issued and outstanding at any one time shall in no case exceed
two and one-half percent of the real market value of all taxable property of
the district, computed in accordance with ORS 308.207.
     (3) General obligation or revenue bonds
must recite that they are issued under this chapter. All bonds shall be signed
by the president of the district board and attested by the secretary. The
interest coupons thereto annexed shall be signed by the president and
secretary, by their original or engraved facsimile signatures.
     (4) All general obligation and revenue
bonds issued, including refunding bonds, shall be issued as prescribed in ORS
chapter 287A. [1969 c.668 §26 (enacted in lieu of 266.510 and 266.520); 1981
c.94 §15; 1991 c.459 §363; 2007 c.783 §83]
     266.514
Revenue bonds; issuance; conditions. In addition to the authority to issue general obligation bonds, a
district, when authorized by a majority of those voting at an election called
for that purpose, may sell and dispose of revenue bonds, and pledge as security
therefor all or any part of the unobligated net revenue of the district or a
recreational facility of the district, to purchase, acquire, construct,
reconstruct or improve a facility, or to perform any of those acts in
combination, for any authorized purpose. Revenue bonds shall be issued in the
same manner and form as are general obligation bonds of the district, but they
shall be payable, both as to principal and interest, from revenues only.
Revenue bonds shall not be subject to the limitation provided by ORS 266.512
applicable to general obligation bonds and shall not be a lien upon any of the
taxable property within the limits of the district. Revenue bonds shall be payable
solely from such part of the revenue of the district as remains after payment
of obligations having a priority and of all expenses of operation and
maintenance of the district, including any taxes levied against it. All revenue
bonds shall contain a clause reciting that both the principal and interest are
payable solely from operating revenues of the district remaining after paying
such obligations and expenses. [1969 c.668 §26a]
     266.516
Refunding bonds. Refunding
bonds of the same character and tenor as those replaced thereby may be issued
pursuant to a resolution duly adopted by the district board without submitting
to the electors the question of authorizing the issuance of such bonds. [1969
c.668 §26b]
     266.518
Contracts with
     (2) Contract provisions for repayment of
any loan from the United States, and the bonds securing the payment of the
same, if any are issued, may be of such denomination, for such term not
exceeding 50 years and may call for the payment of such interest not exceeding
seven percent per annum, may provide for such installments and for repayment of
the principal at such times, as may be required by the federal laws and as may
be agreed upon between the district board and the United States agency. [1969
c.668 §26c; 1973 c.86 §1]
     266.520 [Repealed by 1969 c.668 §25 (266.512 enacted
in lieu of 266.510 and 266.520)]
     266.530
Registration and delivery of bonds; disposition of proceeds. (1) The county treasurer shall register each
bond issued pursuant to ORS 266.480 in a book kept for that purpose in the
office of the county treasurer, noting the district, amount, date, time and
place of payment, rate of interest and such other facts as may be deemed
proper.
     (2) The county treasurer shall cause the
bonds to be delivered promptly to the purchasers upon payment therefor, and
shall hold the proceeds of the sale of the bonds subject to the order of the
district board to be used solely for the purpose for which the bonds were
issued.
     (3) When the bonds have been so executed,
registered and delivered, their legality shall not be open to contest by the
district or by any person or corporation for or on its behalf, for any reason
whatever. [Amended by 1969 c.668 §27]
     266.540
Additional taxes for payment of bond interest and principal; bond sinking fund. (1) The district board shall ascertain and
levy annually, in addition to all other taxes, a direct annual ad valorem tax
on all taxable property in the district, which tax shall be outside of and in
addition to the annual levy limitation contained in ORS 266.420, and which tax
shall be for an amount sufficient:
     (a) To pay the interest accruing on the
bonds promptly as it becomes due.
     (b) To raise a percentum of the principal
of the bonds as will, in equal annual installments, be sufficient to retire all
the bonds as they mature.
     (2) The funds derived from such tax levies
shall be retained by the county treasurer, and kept by the county treasurer in
a separate fund to be known as and designated “______Park and Recreation District
bond interest and sinking fund.” The fund 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. [Amended by 1969 c.668 §28]
     266.550
Procedure in event board fails to levy bond tax. If the district board fails or refuses to
levy the tax necessary for the interest, principal or sinking fund, the county
treasurer shall ascertain and certify the amount necessary to the county board.
The county board shall then levy a tax sufficient to raise the sum so required
and ascertained by the county treasurer. The proper county officer having power
to extend county taxes shall extend such tax upon the tax roll of the county
upon the taxable property of the district. The proper county officer whose duty
it is to collect taxes shall collect such tax according to law, and shall pay
the funds so collected into the county treasury to the credit of the bond
interest and sinking fund of the district to be used in the payment of the
bonds and interest. [Amended by 1969 c.668 §29]
     266.560
Redemption of bonds; notice.
(1) Whenever the amount of any sinking fund created under ORS 266.480 and
266.540 equals the amount, principal and interest, of any bond then due or
subject under the pleasure or option of the district to be paid or redeemed,
the county treasurer of the county in which the district is located shall
notify the holder of the bond and shall publish a notice in the newspaper
published nearest to the district.
     (2) The county treasurer shall, within 30
days from the date of the notice, redeem and pay any bond then redeemable and
payable, giving priority according to the date of issuance numerically, upon
presentation of the bond at the place of payment specified therein.
     (3) In case any holder of such bonds fails
to present them at the time mentioned in the notice the interest thereon shall
cease, and the county treasurer shall thereafter pay only the amount of the
bond and the interest accrued thereon up to the last day of the time of
redemption mentioned in the notice.
     (4) When any bonds are so redeemed or
paid, the county treasurer shall cause them to be canceled and write across the
face thereof “redeemed” and the date of redemption, and shall deliver them to
the district board, taking its receipt therefor. [Amended by 1969 c.668 §30]
     266.570 [Repealed by 1969 c.668 §47]
     266.580
Payment of bond principal and interest; payment of collection commission. (1) The principal of and the interest on the
bonds shall be payable in lawful money of the United States of America at the
office of the treasurer of the county or at the fiscal agency of the State of
Oregon in the city of New York, at the option of the purchaser thereof.
     (2) The county treasurer must cause to be
paid out of any money in the hands of the county treasurer belonging to the
district the interest on or principal of any bond issued pursuant to ORS
266.480 promptly when and as the same becomes due at the place of payment
designated in the coupons or bonds.
     (3) All coupons or bonds so paid must be
immediately reported to the district board.
     (4) No county treasurer or district board
shall pay to the purchaser of any bond issued pursuant to ORS 266.480 or to any
agency representing such purchaser, any commission whatsoever for collection of
the interest on or principal of any bond so issued.
     (5) The county treasurer shall not be
required to remit to the purchaser of any bonds or coupons the amount necessary
to redeem such bonds or coupons until the day they are due. [Amended by 1969
c.668 §31]
     266.590
Validation of certain bond issues. All proceedings taken prior to March 18, 1949, in the authorization
and issuance of bonds by any district pursuant to ORS 266.480 to 266.512 and
266.530 to 266.580 hereby are validated, ratified, confirmed and approved,
notwithstanding any defects and irregularities in the proceedings or any part
thereof, and notwithstanding that the amount of the bonded indebtedness to be
incurred was not stated upon the ballot used in the election authorizing the
issuance of the bonds. [Amended by 1969 c.668 §32]
     266.610 [1967 c.574 §3; 1969 c.668 §33; repealed by
1971 c.727 §203]
     266.620 [1967 c.574 §4; 1969 c.668 §34; repealed by
1971 c.727 §203]
     266.630 [1967 c.574 §5; 1969 c.668 §35; repealed by
1971 c.727 §203]
     266.640 [1967 c.574 §6; 1969 c.668 §36; repealed by
1971 c.727 §203]
     266.650 [1967 c.574 §7; repealed by 1971 c.727 §203]
     266.660 [1969 c.668 §38; repealed by 1971 c.727 §203]
     266.670 [1969 c.668 §39; repealed by 1971 c.727 §203]
     266.680 [1969 c.668 §40; repealed by 1971 c.727 §203]
     266.710 [1967 c.574 §8; 1969 c.668 §42; repealed by
1971 c.727 §203]
     266.720 [1967 c.574 §§9, 10; 1969 c.668 §43;
repealed by 1971 c.727 §203]
     266.730 [1967 c.574 §11; 1969 c.668 §44; repealed by
1971 c.727 §203]
     266.740 [1967 c.574 §12; 1971 c.647 §61; repealed by
1971 c.727 §203]
     266.750 [1967 c.574 §13; repealed by 1971 c.727 §203]
_______________
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