2007 Oregon Code - Chapter 198 :: Chapter 198 - Special Districts Generally
Chapter 198
Special Districts Generally
2007 EDITION
SPECIAL DISTRICTS GENERALLY
MISCELLANEOUS MATTERS
GENERAL PROVISIONS
198.010 District
defined for chapter
198.115 District
employee as member of governing board
198.180 District
defined for ORS 198.190
198.190 Compensation
and expenses of members of certain boards
198.210 District
defined for ORS 198.220
198.220 Bond
or letter of credit for member of boards of certain districts
198.310 District
defined for ORS 198.320
198.320 Filling
of vacancies on boards of certain districts
DISSOLUTION OF INACTIVE DISTRICTS
198.335 Definitions
for ORS 198.335 to 198.365
198.340 Designation
of registered office and agent
198.345 Effect
of failure to file certain reports
198.350 Financial
statement
198.355 Hearing
on dissolution; notice
198.360 Continuation
or termination of district; proceedings for county service district
198.365 County
board as trustees for inactive district; distribution of assets; levy of tax to
meet debts; delivery of records
RECALL
198.410 Definition
for ORS 198.425 and 198.430
198.425 Recall
of district officers generally
198.430 Recall
of officers of districts other than districts defined in ORS 255.012
198.440 Statement
of justification from affected officer
ORDINANCES AND REGULATIONS
198.510 Definitions
for ORS 198.510 to 198.600
198.530 Procedure
for adopting, amending or repealing ordinances or regulations
198.540 Notice
prior to adoption of ordinance affecting regulation
198.550 Publication
of ordinance; emergency ordinance procedure
198.560 Filing
of ordinance; notice of adoption of emergency ordinance
198.570 When
ordinances take effect
198.590 Petition
to adopt, amend or repeal ordinance
198.600 Penalty
for violation of regulations; jurisdiction; enforcement
MISCELLANEOUS
198.605 Local
service districts
198.608 Unfunded
PERS liability or surplus upon split, consolidation or merger of districts
198.611 Power
of district to contract for purchase or lease of real or personal property
FORMATION; CHANGES OF ORGANIZATION
(Generally)
198.705 Definitions
for ORS 198.705 to 198.955
198.715 Short
title; procedure for formation or change of organization
198.720 Boundaries;
filing boundary change with county assessor and Department of Revenue
198.725 Procedure
when two counties affected
198.727 Merger
or consolidation; procedure when city joined to merged or consolidated
districts
198.730 Notice
198.735 Right
of interested person to appear; written statements
198.740 Election
procedure governed by law under which district operates; omission governed by
district or general election law
198.745 Content
of resolution calling election
198.747 Effective
date of boundary change; filing boundary change with county assessor and
Department of Revenue
198.748 Prospective
petition for formation; filing; content
198.749 Economic
feasibility statement for district formation
198.750 Content
of petition proposing formation or change of organization
198.755 Number
of signatures required
198.760 Requirements
for signers of petition; signers withdrawal prohibited; chief petitioners
designated
198.765 Requirements
for filing petition; validity and certification of signatures
198.770 Method
of determining validity of landowner signatures
198.775 Security
deposit to accompany petition; payment of costs from security deposit; payment
of costs by county or district
198.780 Filing
of duplicates of certain documents
198.782 Documents
to be filed with Secretary of State before business transacted
198.785 Proceeding
to contest validity of formation or change of organization
198.790 Rights
of creditors after change of organization; enforcement
198.792 District
formation or annexation proceedings to relieve public health danger
198.793 Change
of district name
198.794 Effect
of district name change; notification to certain officials
(Formation)
198.795 Jurisdiction
over district formation; duration of jurisdiction
198.800 Formation
petition; hearing; notice of hearing
198.805 Conduct
of hearing; standards for formation; notice to nonappearing landowner; order
for dissolution
198.810 Order
for formation; final hearing; election; voter approval to incur bonded
indebtedness
198.813 Formation
of county service district for water management services in
198.815 Election
on formation; notice; ballot title when dissolution ordered; election of first
board
198.820 Order
by county board; effect of formation
198.825 Election
of first members of board when no formation election required
198.830 Petition
for formation by all landowners in proposed district
198.835 Order
for formation of district in single county; order for exercise of additional
function by county service district; contents of order
198.840 Notice
of hearing
198.845 Costs
(Annexation)
198.850 Annexation
petition or resolution; delayed effective date for certain annexations
198.855 Annexation
election; annexation without election when petition signed by all landowners or
by majority of electors and owners of more than half of land
198.857 Annexation
without election by petition of landowner
198.860 Effect
of annexation order
198.866 Annexation
of city to district; approval of annexation proposal; election
198.867 Approval
of annexation to district by electors of city and district; certification;
effect of annexation
198.869 Annexation
contract; recordation; effect
(Withdrawal)
198.870 Petition
for withdrawal of property from district
198.875 Election
on withdrawal petition
198.880 Effect
on withdrawn area
198.882 Tax
relief to withdrawn area; conditions for relief; ultimate liability
(Merger; Consolidation)
198.885 Merger
of districts; effect
198.890 Consolidation
of districts; effect
198.895 Initiation
of merger and consolidation; procedure when city included in merger or
consolidation
198.900 Content
of petition for merger or consolidation
198.902 Application
of district petition requirements to cities
198.903 Joint
assembly of governing bodies of affected districts or cities; order for election;
contents
198.905 Certification
of election results
198.910 Joint
meeting of governing bodies of merged or consolidated districts and cities;
election of board members for surviving or successor district; terms
198.912 Apportionment
of board members for certain surviving or successor districts
198.915 Election
of board members at regular district election
(Dissolution)
198.920 Dissolution
procedure
198.925 Findings
of fact by district board
198.930 Plan
for dissolution and liquidation
198.935 Election
on dissolution; consent of creditors; content of notice
198.940 Dissolution
without election
198.945 Trustees
for dissolved district; records to county clerk; limitation on further
elections
198.950 Power
of trustees to convey assets
198.955 Disposition
of assets; rules
HERITAGE DISTRICTS
198.973 Definitions
for ORS 198.973 to 198.989
198.974 Creation
of heritage district
198.975 Formation
of multicounty heritage district
198.976 Heritage
district board
198.977 Election
of first heritage district board
198.978 Election
of heritage district board members; initiative and referendum
198.979 Result
of election at large or by zone; oath of office; vacancy; term of office
198.980 Choice
of election at large or by zone
198.981 Change
in method of nominating and electing heritage district board members
198.982 Population
within boundaries of zones in heritage districts
198.983 Filing
boundary change with county assessor and Department of Revenue
198.984 Duties
of heritage district board
198.985 Powers
of heritage district board
198.986 Heritage
district tax levy
198.987 Sinking
fund for acquisition of historic real property and restoration of historic
buildings or facilities
198.988 Legal
counsel for heritage district
198.989 Employees
retirement system
GENERAL PROVISIONS
198.010
District defined for chapter.
As used in this chapter, except as otherwise specifically provided, district
means any one of the following:
(1) A peoples utility district organized
under ORS chapter 261.
(2) A domestic water supply district
organized under ORS chapter 264.
(3) A cemetery maintenance district
organized under ORS chapter 265.
(4) A park and recreation district
organized under ORS chapter 266.
(5) A mass transit district organized under
ORS 267.010 to 267.390.
(6) A metropolitan service district
organized under ORS chapter 268.
(7) A special road district organized
under ORS 371.305 to 371.360.
(8) A road assessment district organized
under ORS 371.405 to 371.535.
(9) A highway lighting district organized
under ORS chapter 372.
(10) A health district organized under ORS
440.305 to 440.410.
(11) A sanitary district organized under
ORS 450.005 to 450.245.
(12) A sanitary authority, water authority
or joint water and sanitary authority organized under ORS 450.600 to 450.989.
(13) A vector control district organized
under ORS 452.020 to 452.170.
(14) A rural fire protection district
organized under ORS chapter 478.
(15) An irrigation district organized
under ORS chapter 545.
(16) A drainage district organized under
ORS chapter 547.
(17) A water improvement district
organized under ORS chapter 552.
(18) A water control district organized
under ORS chapter 553.
(19) A weather modification district
organized under ORS 558.200 to 558.440.
(20) A port organized under ORS 777.005 to
777.725 and 777.915 to 777.953.
(21) A geothermal heating district
organized under ORS chapter 523.
(22) A transportation district organized
under ORS 267.510 to 267.650.
(23) A library district organized under
ORS 357.216 to 357.286.
(24) A 9-1-1 communications district
organized under ORS 401.818 to 401.857.
(25) A heritage district organized under
ORS 198.973 to 198.989. [1971 c.23 §2; 1975 c.782 §48; 1977 c.756 §1; 1981
c.226 §18; 1987 c.671 §10; 1987 c.863 §10; 1989 c.793 §19; 1993 c.577 §15; 2007
c.562 §19]
198.110 [1969 c.344 §1; 1971 c.23 §3; 1983 c.740 §52;
renumbered 198.330 in 1995]
198.115
District employee as member of governing board. (1) As used in this section, district has
the meaning given that term in ORS 198.010 (1) to (5) and (7) to (24).
(2) A district, by an ordinance or
resolution that takes effect at least one year prior to the date of the regular
district election, may provide that any individual who is an employee of the
district is not eligible to serve as a member of the governing board of the
district by which the individual is employed. [1999 c.336 §2; 2007 c.179 §1]
198.120 [1969 c.344 §2; repealed by 1975 c.771 §33]
198.180
District defined for ORS 198.190. As used in ORS 198.190, unless the context requires otherwise, district
has the meaning given that term by ORS 198.010 (2) to (5), (7) to (23) and
(25). In addition, district means any one of the following:
(1) A county service district organized
under ORS chapter 451.
(2) A diking district organized under ORS
chapter 551.
(3) A corporation for irrigation,
drainage, water supply or flood control organized under ORS chapter 554.
(4) A soil and water conservation district
organized under ORS 568.210 to 568.808 and 568.900 to 568.933.
(5) The
198.190
Compensation and expenses of members of certain boards. A member of the governing body of a district
may receive an amount not to exceed $50 for each day or portion thereof as
compensation for services performed as a member of the governing body. Such
compensation shall not be deemed lucrative. The governing body may provide for
reimbursement of a member for actual and reasonable traveling and other
expenses necessarily incurred by a member in performing official duties. [1971
c.403 §2; 1983 c.327 §2; 1983 c.740 §53a; 1989 c.517 §1; 1995 c.79 §74]
198.210
District defined for ORS 198.220. As used in ORS 198.220, in addition to the meaning given the term by
ORS 198.010 (1) to (5) and (7) to (24), district means any one of the
following:
(1) A corporation for irrigation,
drainage, water supply or flood control organized under ORS chapter 554.
(2) A soil and water conservation district
organized under ORS 568.210 to 568.808 and 568.900 to 568.933.
(3) A weed control district organized
under ORS 570.505 to 570.575.
(4) A port district organized under ORS
chapter 778. [1969 c.345 §1; 1971 c.23 §4; 1983 c.327 §3; 2007 c.179 §2]
198.220
Bond or letter of credit for member of boards of certain districts. The governing body of a district shall
require bond or an irrevocable letter of credit of any member of the governing
body or any officer or employee of the district who is charged with possession
and control of district funds and properties. The letter of credit shall be
issued by an insured institution, as defined in ORS 706.008. The amount of the
bond or letter of credit shall be fixed by the governing body of the district.
The premium for the bond or the fee for the letter of credit shall be paid from
district funds. [1969 c.345 §2; 1991 c.331 §45; 1997 c.631 §425]
198.310
District defined for ORS 198.320. As used in ORS 198.320, in addition to the meaning given the term by
ORS 198.010 (1) to (5) and (7) to (24), district means a soil and water
conservation district organized under ORS 568.210 to 568.808 and 568.900 to
568.933. [1969 c.669 §1; 1971 c.23 §5; 1983 c.740 §54; 2007 c.179 §3]
198.320
Filling of vacancies on boards of certain districts. (1) Except as otherwise provided by law, a
vacancy in an elected office in the membership of the governing body of a
district shall be filled by appointment by a majority of the remaining members
of the governing body. If a majority of the membership of the governing body is
vacant or if a majority cannot agree, the vacancies shall be filled promptly by
the county court of the county in which the administrative office of the
district is located.
(2) This subsection applies to districts
defined in ORS 255.012 which have a regular district election on a date
specified in ORS 255.335. The period of service of a person appointed under
subsection (1) of this section shall expire June 30 next following the next
regular district election at which a successor is elected. The successor shall
be elected to serve the remainder, if any, of the term for which the
appointment was made. If the term for which the appointment was made expires
June 30 after the election of the successor, the successor shall be elected to
a full term. In either case the successor shall take office July 1 next
following the election.
(3) This subsection applies to districts
not included in subsection (2) of this section. The period of service of a
person appointed under subsection (1) of this section shall expire on the day
before the first Monday in January of the year next following the election at
which a successor is elected. The successor shall be elected to serve the
remainder, if any, of the term for which the appointment was made. If the term
for which the appointment was made expires on the day before the first Monday
in January after the election of a successor, the successor shall be elected to
a full term. In either case, the successor shall take office on the first
Monday in January of the year next following the election. [1969 c.669 §2; 1981
c.173 §1; 1983 c.350 §2]
DISSOLUTION
OF INACTIVE DISTRICTS
198.330 [Formerly 198.110; repealed by 2005 c.22 §147]
198.335
Definitions for ORS 198.335 to 198.365. As used in ORS 198.335 to 198.365, unless the context requires
otherwise:
(1) County board means the board of
county commissioners or the county court.
(2) Special district:
(a) Has the meaning given the term district
in ORS 198.010 (1) to (5) and (7) to (24); and
(b) Also means:
(A) A diking district organized under ORS
chapter 551.
(B) A corporation for irrigation,
drainage, water supply or flood control organized under ORS chapter 554.
(C) A soil and water conservation district
organized under ORS 568.210 to 568.808 and 568.900 to 568.933.
(D) A weed control district organized
under ORS 570.505 to 570.575.
(E) A port district organized under ORS
chapter 778. [1971 c.267 §5; 2005 c.22 §148; 2007 c.179 §4]
198.340
Designation of registered office and agent. (1) A special district shall designate a registered office and a
registered agent. The registered agent shall be an agent of the district upon
whom any process, notice or demand required or permitted by law to be served
upon the district may be served. A registered agent shall be an individual
resident of this state whose address is identical with the registered office of
the district. The registered office may be, but need not be, the same as the
place of business of the special district.
(2) The district may change its registered
office or change its registered agent, or both, upon filing in the office of
the Secretary of State and county clerk of each county in which located a statement
setting forth:
(a) The name of the district.
(b) If the address of its registered
office is changed, the address to which the registered office is to be changed.
(c) If its registered agent is changed,
the name of its successor registered agent.
(d) That the address of its registered
office and the address of the business office of its registered agent, as
changed, will be identical.
(e) That such change was authorized by
resolution duly adopted by the district board.
(3) The statement shall be subscribed and
sworn to by the secretary, financial officer or chairperson of the district
board. [1971 c.267 §7]
198.345
Effect of failure to file certain reports. (1) If a special district for three consecutive years fails to file a
report as required by ORS 294.555 or 297.405 to 297.555 the Secretary of State
or the Department of Revenue, as the case may be, shall notify the county board
of the county where the district, or the greater portion of the assessed
valuation of taxable property in the district, is located.
(2) Within 30 days after receiving the
notice provided by subsection (1) of this section, the county board shall
initiate proceedings to dissolve the special district as provided by ORS
198.345 to 198.365.
(3) The county board may appoint three
individuals, residents of the district, to assist in locating the assets, debts
and records of the district. [1971 c.267 §§8,9; 1977 c.774 §14; 1979 c.286 §1]
198.350
Financial statement. Within
60 days after receiving the notice provided by ORS 198.345 (1), the county
board shall prepare a financial statement for the district and file it with the
clerk. The financial statement shall include:
(1) The date of formation of the district.
(2) The date of the last election of
officers, if any, and the names of the persons last serving as members of the
governing board.
(3) The amount of each outstanding bond,
coupon and other indebtedness of the district, with a general description of
the indebtedness and the name of the holder and owner of each, if known.
(4) A description of each parcel of real
property and interest in real property owned by the district and, if the
property was acquired for delinquent taxes or assessments, the amount of the
taxes and assessments on each parcel of property.
(5) Uncollected charges, taxes and
assessments levied by the district and the amount upon each lot or tract of
land.
(6) A description of all personal property
and of all other assets of the district.
(7) The estimated cost of dissolution. [1971
c.267 §10]
198.355
Hearing on dissolution; notice.
(1) Upon the filing of the financial statement, the county board of a county
not within the jurisdiction of a local government boundary commission shall
enter an order calling a hearing on the question of dissolving the district.
The hearing shall be called not less than 21 nor more than 30 days after the
filing of the statement.
(2) Notice of the hearing shall be given
by publication once each week for not less than three weeks in a newspaper of
general circulation within the district. The notice shall state the time and
place of the hearing and that all interested persons may appear and be heard.
The notice shall also state that all persons having claims against the district
shall present them at the time of the hearing.
(3) In a county within the jurisdiction of
a local government boundary commission, the county board, within 10 days after
the filing of the financial statement, shall file with the boundary commission
a resolution requesting dissolution of the district. In a county within the
jurisdiction of a boundary commission, subsections (1) and (2) of this section
and ORS 198.360 do not apply, and the final order adopted by the commission
shall terminate the proceeding for all purposes except those mentioned in ORS
198.365. [1971 c.267 §11; 1983 c.336 §19]
198.360
Continuation or termination of district; proceedings for county service
district. (1) After the
hearing, if the county board finds that the district is in fact operating as an
active district, or that there is need for the district, the board shall
continue the hearing until the reports required under ORS 294.555 and 297.405
to 297.555 are properly filed. When the county board finds that the reports
have been filed, it may:
(a) Enter an order terminating all further
proceedings under ORS 198.345 to 198.365; or
(b) If the functions of the district could
be performed by a county service district, continue the hearing and initiate
proceedings to incorporate or annex the area within the district in a county
service district organized under ORS 451.410 to 451.610.
(2) If the county board proceeds as
provided by subsection (1)(b) of this section and the district is terminated as
provided by ORS 451.577, the county board shall thereafter enter an order terminating
all further proceedings under ORS 198.345 to 198.365. [1971 c.267 §12; 1977
c.774 §15; 1979 c.286 §2; 2007 c.71 §69]
198.365
County board as trustees for inactive district; distribution of assets; levy of
tax to meet debts; delivery of records. (1) If the county board finds that the district is not active and that
there is no need for the district, the board shall thereupon constitute a board
of trustees for the purpose of paying the debts and disposing of the property
of the district.
(2) Any surplus funds and assets remaining
to the credit of the district, after payment of the debts of the district,
shall be credited to the county general fund available for general purposes. If
the district was located in more than one county, the surplus shall be
apportioned and turned over to each county in which the district was located.
The funds and assets shall be apportioned according to the proportion in each
county of the assessed valuation of taxable property in the district.
(3) If the assets of the district are
insufficient to pay the debts of the district, the county board acting as a
levying board for the district shall levy taxes, within the limits of the
authority of the district, for the liquidation of the debts. If the only debt
of the district is the cost of the proceedings conducted under ORS 198.345 to
198.365, the county shall pay the cost of the proceedings.
(4) When the proceedings are completed,
the county board shall deliver the books and records of the district to the
county clerk. [1971 c.267 §13]
RECALL
198.410
Definition for ORS 198.425 and 198.430. As used in ORS 198.425 and 198.430, unless the context requires
otherwise, district officer means a member of the governing body of a
district who serves as such by virtue of election to such position. [1969 c.325
§1; 1971 c.23 §6; 1981 c.173 §2; 1983 c.83 §4]
198.420 [1969 c.325 §2; repealed by 1971 c.23 §12]
198.425
Recall of district officers generally. ORS 249.865 to 249.877 apply to the recall of a district officer of a
district defined in ORS 255.012. [1981 c.173 §5]
198.430
Recall of officers of districts other than districts defined in ORS 255.012. (1) Before circulating a petition for recall
of a district officer of a district other than a district defined in ORS 255.012,
the petitioner shall file the petition with the officer with whom a petition
for nomination to such office should be filed. Except as provided in this
subsection, if there is no such officer or if the officer is the district
officer against whom the petition is being filed, the petition shall be filed
with the county clerk of the county in which the administrative office of the
district is located. In the case of an irrigation district organized under ORS
chapter 545, if there is no such officer or if the officer is the district
officer against whom the petition is being filed, the petition shall be filed
with the board of directors of the irrigation district.
(2) The petition shall be signed by a
number of persons who are qualified to vote in the district, that is equal to
but not less than the lesser of:
(a) Fifteen percent of the persons who are
qualified to vote in the district, or subdivision of the district from which
the district officer was elected; or
(b) Fifteen percent of the total votes
cast in the electoral district for all candidates for Governor at the most
recent election at which a candidate for Governor was elected to a full term.
(3) The circulator of the signature sheet
shall certify on each sheet that the circulator:
(a) Witnessed the signing of the signature
sheet by each individual whose signature appears on the signature sheet; and
(b) Believes each individual stated the
correct residence address of the individual and is an individual qualified to
vote in the district.
(4) In those districts where a person
qualified to vote must be an elector, the petition, before filing, shall be
submitted to the county clerk who shall compare the signatures of the persons
signing the petition with the signatures of electors on the register of electors
and, on the face of each signature sheet, shall make a certificate of the
number of signatures the county clerk believes to be genuine. In other
districts, the officer who receives the petition for filing, before filing the
petition, shall verify the signatures and make a certificate of the number of
signatures the officer believes to be genuine.
(5) The district shall pay the expense of
verifying the signatures and of calling and conducting the election. The
election shall be conducted in the district, or in the subdivision of the
district from which the district officer was elected, in accordance with the
law governing election of district officers.
(6) A person who is qualified to vote in a
district under this section is a person who is qualified, under the law
applicable to the district, to vote in an election at which members of the
governing body of the district are elected.
(7) A recall petition is void unless the
petition is filed not later than the 100th day after the date of the first signature
on the petition. Not later than the 90th day after the date of the first
signature, the petition shall be submitted for signature verification to the
county clerk or other officer described in subsection (4) of this section who
shall make the certificate of the number of genuine signatures not later than
the 10th day after the date of submission. The petition must contain only
original signatures. A recall petition shall not be accepted for signature
verification if the petition contains less than 100 percent of the required
number of signatures. A recall petition shall not be accepted for filing until
100 percent of the required number of signatures have been verified. [1969
c.325 §3; 1981 c.173 §3; 1983 c.83 §5; 1987 c.707 §2; 1999 c.144 §1; 1999 c.318
§20; 2003 c.94 §2; 2007 c.848 §19]
198.440
Statement of justification from affected officer. (1) A district officer against whom a recall
petition has been filed may submit to the officer with whom the recall petition
is filed, in not more than 200 words, a statement of justification of the
district officers course in office. The statement must be filed not later than
the fifth day after the recall petition is filed.
(2) The county clerk shall have the
statement printed on the official and sample ballots for the recall election. [1983
c.514 §1a]
ORDINANCES
AND REGULATIONS
198.510
Definitions for ORS 198.510 to 198.600. As used in ORS 198.510 to 198.600, unless the context requires
otherwise:
(1) County means the county in which the
district, or the greater portion of the assessed value of the district, is
located.
(2) County board means the board of
county commissioners or the county court of the county.
(3) County clerk means the county clerk
of the county.
(4) District has the meaning given that
term in ORS 198.010 (2), (4), (5), (11), (12), (14), (17), (19), (20) to (23)
and (25). In addition, district means any one of the following:
(a) A county service district organized
under ORS chapter 451.
(b) The
(5) District board means the governing
body of a district and the term includes a county board that is in the
governing body of a district.
(6) Presiding officer means the
chairperson, president or other person performing the office of presiding
officer of the district board.
(7) Principal Act means the law, other
than ORS 198.510 to 198.600, applicable to a district. [1971 c.268 §2; 2007
c.179 §5; 2007 c.562 §22b]
198.520 [1971 c.268 §1; 1975 c.782 §48b; 1977 c.756 §3;
1981 c.226 §20; repealed by 2007 c.179 §9]
198.530
Procedure for adopting, amending or repealing ordinances or regulations. When a district board is authorized by the
principal Act of a district to enact, amend or repeal regulations, it shall do
so in accordance with ORS 198.510 to 198.600. In all counties which do not
provide by ordinance or charter for the manner of enacting, amending or
repealing ordinances and regulations, this section applies when a county board
pursuant to statute is acting as the governing body of a district. [1971 c.268 §3]
198.540
Notice prior to adoption of ordinance affecting regulation. (1) Except in an emergency, an ordinance
adopting, amending or repealing a regulation shall not be considered or voted
upon by a district board unless the ordinance is included in the published
agenda of the meeting. The agenda of a meeting shall state the time, date and
place of the meeting, give a brief description of the ordinances to be
considered at the meeting and state that copies of the ordinances are available
at the office of the district board.
(2) The presiding officer shall cause the
agenda to be published not more than 10 days nor less than four days before the
meeting, in one or more newspapers of general circulation within the district
or, if there is no such newspaper, in a newspaper of general circulation in
each county in which the district is located. The presiding officer may also
cause the agenda:
(a) To be posted in three public places
within the district at least 10 days before the meeting; or
(b) To be published by radio and
television stations broadcasting in the district as provided by ORS 193.310 and
193.320. [1971 c.268 §4]
198.550
Publication of ordinance; emergency ordinance procedure. (1) Except as provided by subsection (3) of
this section, before an ordinance is adopted it shall be read during regular
meetings of the district board on two different days at least six days apart.
The reading of an ordinance shall be full and distinct unless at the meeting:
(a) A copy of the ordinance is available
for each person who desires a copy; and
(b) The board directs that the reading be
by title only.
(2) Except as provided by subsection (3)
of this section, the affirmative vote of a majority of the members of the
district board is required to adopt an ordinance.
(3) An ordinance to meet an emergency may
be introduced, read once and put on its final passage at a regular or special
board meeting, without being described in a published agenda, if the reasons
requiring immediate action are described in the ordinance. The unanimous
approval of all members of the board at the meeting, a quorum being present, is
required to adopt an emergency ordinance. [1971 c.268 §5]
198.560
Filing of ordinance; notice of adoption of emergency ordinance. (1) Within seven days after adoption of an
ordinance, the enrolled ordinance shall be:
(a) Signed by the presiding officer;
(b) Attested by the person who served as
recording secretary of the district board at the session at which the board
adopted the ordinance; and
(c) Filed in the records of the district.
(2) A certified copy of each ordinance
shall be filed with the county clerk, available for public inspection.
(3) Within 15 days after adoption of an
emergency ordinance, notice of the adoption of the ordinance shall be published
as provided by ORS 198.540 (2) for notice of proposed ordinances. The notice
shall:
(a) Briefly describe the ordinance;
(b) State the date when the ordinance was
adopted and the effective date of the ordinance; and
(c) State that a copy is on file at the
district office and at the office of the county clerk of the county, available
for public inspection. [1971 c.268 §6]
198.570
When ordinances take effect.
(1) Except as provided by subsection (2) of this section, an ordinance shall
take effect on the 30th day after it is adopted, unless a later date is
prescribed by the ordinance. If an ordinance is referred to the electors of the
district, it shall not take effect until approved by a majority of those voting
on the ordinance.
(2) An emergency ordinance may take effect
upon adoption. [1971 c.268 §7; 1983 c.350 §3]
198.580 [1971 c.268 §8; repealed by 1979 c.190 §431]
198.590
Petition to adopt, amend or repeal ordinance. Any interested person who is a landowner within the district or an
elector registered in the district may petition the district board to adopt,
amend or repeal an ordinance. Any such person may appear at any regular meeting
of the board and shall be given a reasonable opportunity to be heard. [1971
c.268 §9; 1983 c.83 §6]
198.600
Penalty for violation of regulations; jurisdiction; enforcement. (1) If a penalty for a violation is not
otherwise provided, violation of any regulation adopted by a district board
under ORS 198.510 to 198.600 is punishable, upon conviction, by a fine of not
more than $250 or imprisonment of not more than 30 days, or both.
(2) Actions to impose punishment shall be
brought in the name of the district or county, as the case may be, in any court
having jurisdiction of misdemeanors under state laws. The action shall be
brought in the county in which the district, or the greater portion of the area
of the district, is located. Fines recovered shall be paid to the clerk of the
court who, after first deducting the court costs in such proceedings, shall pay
the remainder thereof to the treasurer of the district or county initiating the
action to go to and form a part of its general fund.
(3) Any peace officer may enforce an
ordinance adopted under ORS 198.510 to 198.600. ORS 221.333 is applicable to
the enforcement of such ordinances. [1971 c.268 §10]
MISCELLANEOUS
198.605
Local service districts.
Local service districts, as defined by ORS 174.116, are municipal corporations.
[2003 c.802 §1a]
Note: 198.605 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 198 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
198.608
Unfunded PERS liability or surplus upon split, consolidation or merger of
districts. If a district
splits into two or more districts, or two or more districts consolidate or
merge, the districts affected by the split, consolidation or merger, including
districts created by the split, consolidation or merger, must enter into a
written agreement that addresses any unfunded Public Employees Retirement
System liabilities or surpluses and deliver a copy of the agreement to the
Public Employees Retirement Board as required by ORS 238.231. [2003 c.802 §162;
2005 c.808 §22]
Note: 198.608 was added to and made a part of ORS
chapter 198 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
198.611
Power of district to contract for purchase or lease of real or personal
property. (1) A district may
enter into a contract for the purchase or for the lease with option to purchase
of real or personal property when the period of time allowed for payment under
the contract does not exceed 30 years. A district entering into a contract
authorized by this subsection may budget funds annually for payment of amounts
due under the contract in each year during the term of the contract, unless the
contract is terminated sooner in accordance with its terms.
(2) The powers granted to districts by
this section are in addition to any other powers possessed by districts in this
state, and this section may not be construed to limit such powers. [2003 c.794 §182]
Note: 198.611 was added to and made a part of ORS
chapter 198 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
FORMATION;
CHANGES OF ORGANIZATION
(Generally)
198.705
Definitions for ORS 198.705 to 198.955. As used in ORS 198.705 to 198.955, unless the context requires
otherwise:
(1) Affected county means each county
which contains or would contain any territory for which a formation or a change
of organization is proposed or ordered or which contains all or any part of a
district for which a change of organization is proposed or ordered.
(2) Affected district means each
district which contains or would contain territory for which a formation or a
change of organization is proposed or ordered.
(3) Annexation includes the attachment
or addition of territory to, or inclusion of territory in, an existing
district.
(4) Change of organization means the
annexation or withdrawal of territory to or from a district, the merger or
consolidation of districts or the dissolution of a district.
(5) Consolidation means the uniting or
joining of two or more districts into a single new successor district.
(6) County board means the county court
or board of county commissioners of the principal county.
(7) Dissolution includes
disincorporation, extinguishment or termination of the existence of a district
and the cessation of all its corporate powers, except for the purpose of
winding up the affairs of the district.
(8) District has the meaning given that
term in ORS 198.010 (2) to (4), (6) to (14), (17) to (23) and (25). In
addition, district means any one of the following:
(a) A county road district organized under
ORS 371.055 to 371.110.
(b) A county service district organized
under ORS chapter 451.
(c) The
(d) A translator district organized under
ORS 354.605 to 354.715.
(9) District board means the governing
board of a district.
(10) Formation includes incorporation,
organization or creation of a district.
(11) Inhabited territory means territory
within which there reside 12 or more persons who have been registered to vote
within the territory for at least 30 days prior to the date a proceeding is
commenced under ORS 198.705 to 198.955.
(12) Landowner or owner of land means
any person shown as the owner of land on the last assessment roll. However, if
the person no longer holds the title to the property, then the terms mean any
person entitled to be shown as owner of land on the next assessment roll, or,
when land is subject to a written agreement of sale, the terms mean any person
shown in the agreement as purchaser to the exclusion of the seller. Landowner
or owner of land includes any public agency owning land.
(13) Legal representative means:
(a) An officer of a corporation duly
authorized, by the bylaws or a resolution of the board of directors of the
corporation, to sign for and on behalf of the corporation; and
(b) A guardian, executor, administrator or
other person holding property in a trust capacity under appointment of court,
when authorized by an order of court, which order may be made without notice.
(14) Merger means the extinguishment,
termination and cessation of the existence of one or more districts by uniting
with and being absorbed into another district.
(15) Notice includes an ordinance,
resolution, order or other similar matter providing notice which ORS 198.705 to
198.955 authorize or require to be published, posted or mailed.
(16) Principal Act means the statutes
which describe the powers of a district, including the statutes under which a
district is proposed or is operating.
(17) Principal county or county means
the county in which the district, or the greater portion of the assessed value
of all taxable property in the district, as shown by the most recent assessment
roll of the counties, is located at the time proceedings are initiated to form
a district, but for any district formed prior to and existing on September 9,
1971, principal county or county means the county in which the district, or
the greater portion of the value of all taxable property in the district, as
shown by the most recent assessment roll of the counties, was located on
September 9, 1971.
(18) Proceeding means a proceeding for formation
or for change of organization conducted pursuant to ORS 198.705 to 198.955.
(19) Uninhabited territory means
territory within which there reside less than 12 electors who were residents
within the territory 30 days prior to the date a proceeding is commenced under
ORS 198.705 to 198.955.
(20) Withdrawal includes the detachment,
disconnection or exclusion of territory from an existing district. [1971 c.727 §1;
1981 c.804 §72; 1983 c.83 §7; 2003 c.14 §98; 2007 c.179 §6; 2007 c.562 §22c]
198.710 [1971 c.727 §2; 1975 c.782 §48c; 1977 c.756 §4;
1979 c.108 §5; 1979 c.877 §1; 1981 c.226 §21; repealed by 2007 c.179 §9]
198.715
Short title; procedure for formation or change of organization. (1) ORS 198.705 to 198.955 may be cited as
the District Boundary Procedure Act.
(2) Except as otherwise provided by ORS
199.410 to 199.519, all district formation or change of organization
proceedings shall be initiated, conducted and completed as provided by ORS
198.705 to 198.955. However, ORS 198.705 to 198.955 are not intended to apply
when a change of organization is made by statute as provided by ORS 222.510 to
222.580, 451.573 to 451.577 and 451.585. [1971 c.727 §4]
198.720
Boundaries; filing boundary change with county assessor and Department of
Revenue. Except as otherwise
specifically provided by the principal Act:
(1) A district may consist of contiguous
or noncontiguous territory located in one or more adjoining counties. If any
part of the territory subject to a petition for formation or annexation is
within a city, the petition shall be accompanied by a certified copy of a
resolution of the governing body of the city approving the petition.
(2) A district may not include territory
included within another district formed under the same principal Act when the
other district is authorized to perform and is performing the services the
affected district is authorized to perform, unless:
(a) Withdrawal of such territory is
proposed and the territory is withdrawn by withdrawal proceedings conducted in
the other district simultaneously with the formation or annexation proceedings,
and the proposed boundary changes are approved for both districts; or
(b) The principal Act provides for
automatic withdrawal of the affected territory in such a case.
(3) The boundary lines of a district
formed under ORS 198.705 to 198.955 shall include only such territory as may in
reason be served by the facilities or services of the district.
(4) 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. [1971 c.727 §5; 2001
c.138 §2]
198.725
Procedure when two counties affected. If there are two or more affected counties in a proceeding under ORS
198.705 to 198.955, any notices, proceedings, orders or any other act
authorized or required to be given, taken or made by the county board, the
county clerk or any other officer of a county, shall be given, taken or made by
the persons holding such offices in the principal county. Officers of an
affected county other than the principal county shall cooperate with the
officers of the principal county and shall furnish the officers of the
principal county with such certificates, records or certified copies of records
as may be necessary to enable the officers of the principal county to comply
with ORS 198.705 to 198.955. [1971 c.727 §7]
198.727
Merger or consolidation; procedure when city joined to merged or consolidated
districts. (1) A proposal to
merge or consolidate districts may be initiated as provided in ORS 198.895.
(2) A proposal to merge or consolidate
districts may provide that a city be joined to the surviving or successor
district for the purpose of receiving service from the district.
(3) If a proposal to merge or consolidate
districts includes a proposal to join a city to the surviving or successor
district, the proposal may be initiated as provided in ORS 198.895. [1983 c.142
§5]
198.730
Notice. (1) Except as
otherwise provided by ORS 198.705 to 198.955, when notice is required or
authorized to be published, posted or mailed, it shall be published, posted or
mailed as provided by this section. When notice is required to be given and the
duty of giving the notice is not specifically enjoined upon some officer,
agency or person, the county clerk or the secretary of the district board, as
the case may be, shall give notice or cause it to be given.
(2) Notice required to be published shall
be published in one or more newspapers of general circulation within the
affected district. If any newspaper is of general circulation in two or more
affected districts, publication in one such newspaper is sufficient publication
for all such affected districts. If no newspaper is of general circulation
within the affected district, the publication shall be made in a newspaper of
general circulation within the principal county. Published notice of a hearing
shall be commenced at least 15 days prior to the date specified in the notice
for the hearing, and the last publication shall be made at least five days
prior to the hearing.
(3) Notice required to be posted shall be
posted on or near the doors of the meeting room of the district board or of the
county board, or upon any official public bulletin board customarily used for
the purpose of posting public notices by or pertaining to the district or
county. Posted notice shall be posted not less than five successive days. If
posted notice is notice of a hearing, posting shall be commenced not less than
15 days prior to the date specified in the notice for the hearing.
(4) Mailed notice shall be sent first
class and deposited, postage prepaid, in the United States mails and shall be
considered to have been given when so deposited. If mailed notice is a notice
of a hearing, mailing shall be made not more than 15 days nor less than five
days prior to the date specified in the notice for the hearing.
(5) Notice authorized or required to be
given by publication, posting or mailing shall contain all matters required by
ORS 198.705 to 198.955. If a petition, ordinance, resolution or order of a
district board giving notice contains all matters required to be contained in
the notice, the county clerk or district secretary may, and shall if required,
cause a copy of such petition, ordinance, resolution or order to be published,
posted or mailed, in which case no other notice need be given by the clerk or
secretary. [1971 c.727 §8; 1983 c.350 §4]
198.735
Right of interested person to appear; written statements. (1) On or before the date set for a hearing
on a petition, any person interested in the proposed formation or change of
organization of the district may appear and present written statements for or
against the granting of the petition or the proposed change.
(2) A written statement for or against a
proposed formation or change of organization or a request for an election must
be in writing, must clearly specify the defect, error, irregularity or omission
to which objection, if any, is made and must be filed within the time and in
the manner provided by ORS 198.705 to 198.955. Any statement not so made and
filed shall be considered voluntarily waived. [1971 c.727 §§9,10]
198.740
Election procedure governed by law under which district operates; omission
governed by district or general election law. When ORS 198.705 to 198.955 require an election to be called within a
district, the election shall be conducted as provided by the principal Act of
the district or as provided by the principal Act for an election on formation.
However, to the extent of an omission in the principal Act:
(1) If the district or territory is
defined as a district under ORS 255.012, ORS chapter 255 applies.
(2) If the district is not named in ORS
255.012, the general election laws apply. [1971 c.727 §11; 1983 c.350 §5]
198.745
Content of resolution calling election. A resolution or order calling an election on a proposed formation or
change of organization shall:
(1) Provide for giving notice of the
special election or elections upon the question.
(2) Designate each district or other
territory within which the election or elections are to be held.
(3) Fix a date for the election, which
date shall be the same for each election when an election is called upon the
same question within more than one territory or district.
(4) State the substance of the question or
questions to be submitted to the electors.
(5) Specify any terms and conditions
provided for in the formation or change of organization.
(6) Contain such other matters as may be
necessary to call, provide for and give notice of the election or elections and
to provide for the conduct thereof and the canvass of the returns thereupon. [1971
c.727 §12]
198.747
Effective date of boundary change; filing boundary change with county assessor and
Department of Revenue. (1)
Notwithstanding any provision of ORS 198.705 to 198.955 that provides a
different effective date, an annexation, withdrawal, consolidation or merger
shall not become effective during the period:
(a) Beginning after the 90th day before a
primary election or general election and ending on the day after the election;
or
(b) Beginning after the deadline for
filing the notice of election before any other election held by any district or
other municipal corporation involved in the annexation, withdrawal,
consolidation or merger and ending on the day after the election.
(2) If the effective date established for
an annexation, withdrawal, consolidation or merger is a date that is prohibited
under this section, the annexation, withdrawal, consolidation or merger shall
become effective on the day after the election.
(3) For the purposes of ORS 308.225 only,
the effective date of an annexation shall be the date of the order declaring
the annexation under ORS 198.855.
(4) 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. [1985 c.808 §67; 1989
c.923 §23; 1995 c.712 §82; 2001 c.138 §3]
Note: 198.747 was added to and made a part of
198.705 to 198.955 by legislative action but was not added to any other series.
See Preface to Oregon Revised Statutes for further explanation.
198.748
Prospective petition for formation; filing; content. Before circulating a petition for formation
of a district, the petitioner shall file with the county clerk of the principal
county a prospective petition. The petitioner shall include with the
prospective petition a description of the boundaries of the territory proposed
to be included in the district. [1991 c.70 §2]
Note: 198.748 was added to and made a part of
198.705 to 198.955 by legislative action but was not added to any other series.
See Preface to Oregon Revised Statutes for further explanation.
198.749
Economic feasibility statement for district formation. Before circulating a petition for formation
of a district, the persons designated on the petition as the chief petitioners
shall complete an economic feasibility statement for the proposed district. The
economic feasibility statement shall form the basis for the proposed permanent
rate limit for operating taxes required by ORS 198.750 (1)(g). The economic
feasibility statement shall contain:
(1) A description of the services and
functions to be performed or provided by the proposed district;
(2) An analysis of the relationships
between those services and functions and other existing or needed government
services; and
(3) A proposed first year line item
operating budget and a projected third year line item operating budget for the
new district that demonstrate its economic feasibility. [1989 c.92 §2; 1997
c.541 §342]
198.750
Content of petition proposing formation or change of organization. (1) If a proposal for formation or change of
organization of a district is made by petition, the petition shall:
(a) State that the petition is filed
pursuant to ORS 198.705 to 198.955.
(b) State the names of all affected
districts and all affected counties.
(c) Designate the principal Act of each
affected district.
(d) State the nature of the proposal,
whether formation of a district or change of organization and the kind of
change proposed.
(e) State whether the territory subject to
the petition is inhabited or uninhabited.
(f) If the petition is for formation, and
district board members are elected, state the number of members on the board.
(g) If the petition is for formation,
include a proposed permanent rate limit for operating taxes sufficient to
support the services and functions described in the economic feasibility
statement required by ORS 198.749. A tax rate limit need not be included in the
petition if no tax revenues are necessary to support the services and functions
described in the economic feasibility statement. The tax rate limit shall be
expressed in dollars per thousand dollars of assessed value. The tax rate limit
shall be calculated for the latest tax year for which the assessed value of the
proposed district is available.
(h) Set forth any proposed terms and
conditions, if any, to which a proposed formation or change of organization is
to be subject.
(i) State, or indicate opposite each
signature, whether the signers of the petition are landowners within the
district or electors registered in the district, or both.
(j) Request that proceedings be taken for
the formation or change of organization proposed.
(2) If the petition proposes formation of
a district, the petition shall set forth a description of the boundaries of the
territory proposed to be included in the district. If the petition proposes
annexation or withdrawal of territory, the petition shall set forth a
description of the boundaries of the territory to be annexed or withdrawn.
(3) If a petition proposes formation of a
district, or consolidation or merger of districts, the petition may propose a
name for the new district or for the surviving or successor district.
(4) The circulator of the petition shall
certify on each signature sheet of the petition that the circulator witnessed
the signing of the signature sheet by each individual whose signature appears
on the signature sheet. [1971 c.727 §§13,14; 1983 c.83 §8; 1989 c.92 §3; 1997
c.541 §343; 1999 c.318 §21; 2007 c.848 §20]
198.755
Number of signatures required.
(1) A petition for formation shall be signed by not less than:
(a) Fifteen percent of the electors or 100
electors, whichever is the greater, registered in the territory subject to the
petition; or
(b) Fifteen owners of land or the owners
of 10 percent of the acreage, whichever is the greater number of signers,
within the territory subject to the petition.
(2) A petition for annexation shall be
signed by not less than:
(a) Fifteen percent of the electors or 100
electors, whichever is the lesser, registered in the area proposed to be
annexed; or
(b) Fifteen owners of land or the owners
of 10 percent of the acreage, whichever is the greater number of signers,
within the area proposed to be annexed.
(3) A petition for withdrawal shall be
signed by not less than:
(a) Fifteen percent of the electors or 100
electors, whichever is the lesser, registered in the district; or
(b) Fifteen owners of land or the owners
of 10 percent of the acreage, whichever is the greater number of signers,
within the district.
(4) A petition for merger and a petition
for consolidation shall be signed by not less than:
(a) Fifteen percent of the electors or 100
electors, whichever is the lesser, registered in each district which it is
proposed to merge or consolidate; or
(b) Fifteen owners of land in each
district or the owners of 10 percent of the acreage located in each district,
whichever is the greater number of signers.
(5) A petition for dissolution shall be
signed by not less than:
(a) Fifteen percent of the electors
registered in the district; or
(b) Owners of 15 percent of the acreage
within the district. [1971 c.727 §15; 1973 c.117 §1; 1983 c.83 §9]
198.760
Requirements for signers of petition; signers withdrawal prohibited; chief
petitioners designated. (1)
Each person signing a petition may also print the persons name on the petition
and shall add after the signature the date of signing. If a person is signing
the petition as an elector, the person shall add after the signature the persons
place of residence, giving street and number or a designation sufficient to
enable the place of residence to be readily ascertained. If the signer is
signing the petition as a landowner, the number of acres of land owned by the
signer and the name of the county whose assessment roll is used for the purpose
of determining the signers right to vote shall be stated in the body of the
petition or indicated opposite the signature. If the signer is a legal
representative of the owner, the signature shall be accompanied by a certified
copy of the signers authority to sign as a legal representative.
(2) After a petition has been offered for
filing, a person may not withdraw the persons name therefrom.
(3) A petition shall designate not more
than three persons as chief petitioners, setting forth their names and mailing
addresses. A petition may consist of a single instrument or separate
counterparts. [1971 c.727 §17; 1973 c.283 §7; 1983 c.567 §18]
198.765
Requirements for filing petition; validity and certification of signatures. (1) A petition shall not be accepted for
filing unless the signatures thereon have been secured within six months of the
date on which the first signature on the petition was affixed. A petition for
formation of a district shall not be accepted for filing if it is not
accompanied by the economic feasibility statement required under ORS 198.749. When
a petition for formation of a district includes a proposed permanent rate limit
for operating taxes, the petition shall be filed not later than 180 days before
the date of the next primary election or general election at which the petition
for formation will be voted upon. Petitions required to be filed with the
county board shall be filed with the county clerk of the principal county.
Petitions required to be filed with the district board shall be filed with the
secretary of the district board. It is not necessary to offer all counterparts
of a petition for filing at the same time, but all counterparts when certified
as provided by subsection (3) of this section shall be filed at the same time.
(2) Within 10 days after the date a
petition is offered for filing, the county clerk or district secretary, as the
case may be, shall examine the petition and determine whether it is signed by
the requisite number of qualified signers. In the case of a petition required
or permitted to be signed by landowners, within 10 days after the date a
petition is offered for filing, the county assessor shall examine the petition
and determine whether it is signed by the requisite number of qualified
landowners. If the requisite number of qualified signers have signed the petition,
the county clerk or district secretary shall file the petition. If the
requisite number have not signed, the county clerk or district secretary shall
so notify the chief petitioners and may return the petition to the petitioners.
(3) A petition shall not be filed unless
the certificate of the county clerk or the district secretary is attached
thereto certifying that the county clerk or district secretary has compared the
signatures of the signers with the appropriate records, that the county clerk
or district secretary has ascertained therefrom the number of qualified signers
appearing on the petition, and that the petition is signed by the requisite
number of qualified signers. In the case of a petition required or permitted to
be signed by landowners, a petition shall not be filed unless the certificate
of the county assessor is attached thereto certifying that the county assessor
has compared the signatures of the signers with the appropriate records and
that the petition is signed by the requisite number of qualified landowners.
(4) No petition for dissolution shall be
accepted for filing within one year after an election held on the question of
dissolution of a district. [1971 c.727 §18; 1973 c.117 §2; 1989 c.92 §4; 1991
c.70 §3; 1995 c.712 §83; 1997 c.541 §344; 1999 c.318 §47]
198.770
Method of determining validity of landowner signatures. (1) In examining a petition required or
permitted to be signed by landowners, the county assessor shall disregard the
signature of a person not shown as owner on the last equalized assessment roll
unless prior to certification the county assessor is furnished with written
evidence, satisfactory to the county assessor, that the signer:
(a) Is a legal representative of the
owner;
(b) Is entitled to be shown as owner of
land on the next assessment roll;
(c) Is a purchaser of land under a written
agreement of sale; or
(d) Is authorized to sign for and on
behalf of any public agency owning land.
(2) If a person signing a petition as a
landowner appears as owner on the last equalized assessment roll but is shown
thereon as a partner, tenant in common or tenant by the entirety, the signature
of the person signing shall be counted as if all other owners, as shown on the
roll for the same parcel of land, had signed. [1971 c.727 §19; 1999 c.318 §48]
198.775
Security deposit to accompany petition; payment of costs from security deposit;
payment of costs by county or district. (1) A petition for formation, annexation, withdrawal or dissolution
shall not be accepted for filing unless the petition is accompanied by a bond,
a cash deposit or other security deposit as follows:
(a) The bond shall be in a form and in an
amount approved by the county board, not to exceed $100 for each precinct in
the affected district and any territory to be included in the district, up to a
maximum of $10,000. The bond shall be conditioned that, if the attempted
formation, annexation, withdrawal or dissolution is not effected, the chief
petitioners will pay the costs thereof, excluding any costs incurred by a local
government boundary commission under ORS 199.410 to 199.519.
(b) The cash deposit shall be in an amount
approved by the county board, not to exceed $100 for each precinct in the
affected district and any territory to be included in the district, up to a
maximum of $10,000. The cash deposit shall be accompanied by a form prescribed
by the Secretary of State. The form shall include the names and addresses of
all persons and organizations providing any part of the cash deposit and the
amount provided by each, and a statement signed by the chief petitioners that
if the costs of the attempted formation, annexation, withdrawal or dissolution
exceed the deposit, the chief petitioners shall pay to the county treasurer the
amount of the excess costs.
(c) The security deposit other than a bond
or cash deposit shall be of a kind and in an amount approved by the county
board, not to exceed $100 for each precinct in the affected district and any
territory to be included in the district, up to a maximum of $10,000. The
security deposit shall be accompanied by a form prescribed by the Secretary of
State. The form shall include the names and addresses of all persons and
organizations providing any part of the security deposit and the amount and kind
provided by each, and a statement signed by the chief petitioners that if the
costs of the attempted formation, annexation, withdrawal or dissolution exceed
the security deposited, the chief petitioners shall pay to the county treasurer
the amount of the excess costs.
(2) If the proposed formation, annexation,
withdrawal or dissolution is effected, the district shall be liable for the
costs. Not later than the 30th day after the election, if a cash deposit or
security deposit other than a bond was made under subsection (1) of this
section, the county clerk shall refund the deposit to the persons who made the
deposit.
(3) If the proposed formation, annexation,
withdrawal or dissolution is not effected, the county shall collect the costs
of the attempted formation, annexation, withdrawal or dissolution as follows:
(a) If the chief petitioners posted a
bond, the county shall collect on the bond.
(b) If the chief petitioners made a cash
deposit, not later than the 30th day after the election, the county clerk shall
pay into the general fund of the county that portion of the deposit needed to
reimburse the county for the costs. If any portion of the deposit remains after
the costs have been paid, the county clerk shall refund the portion to the
persons shown on the form filed under subsection (1) of this section as having
made the deposit. If the costs exceed the amount of the deposit, the chief
petitioners shall pay to the county treasurer the amount of the excess costs.
(c) If the chief petitioners made a security
deposit other than a bond or cash deposit, not later than the 30th day after
the election, the county clerk shall negotiate or otherwise collect on as much
of the security deposit as necessary to reimburse the county for the costs and
shall pay the proceeds into the general fund of the county. If any portion of
the security deposit or any proceeds of the security deposit remain after the
costs have been paid, the county clerk shall return the portion or the
remaining proceeds to the persons shown on the form filed under subsection (1)
of this section as having made the deposit. If the costs exceed the amount of
the proceeds, the chief petitioners shall pay to the county treasurer the
amount of the excess costs.
(4) Notwithstanding subsection (1) of this
section, the costs of proceedings initiated by a county or district board,
excluding costs incurred by a local government boundary commission under ORS
199.410 to 199.519, shall be paid by the initiating board out of county or
district funds. [1971 c.727 §20; 1983 c.567 §19]
198.780
Filing of duplicates of certain documents. (1) Within 10 days after a document referred to by subsection (2) of
this section is entered, adopted or executed, the board that entered, adopted
or executed the document shall file duplicate copies of the document with the
Department of Revenue, the Secretary of State and with the county clerk and the
county assessor of each county in which any district affected by the document
is located.
(2) This section applies to:
(a) An order of formation entered by the
county board under ORS 198.810 to 198.840.
(b) An order of annexation entered by the
county board under ORS 198.850 to 198.867.
(c) An order of withdrawal entered by the
county board under ORS 198.875.
(d) A resolution of merger adopted by the
district board under ORS 198.910.
(e) A resolution of consolidation adopted
by the district board under ORS 198.910.
(f) The statement executed by the board of
trustees of a dissolving district under ORS 198.945. [1971 c.727 §21; 1977
c.884 §1]
198.782
Documents to be filed with Secretary of State before business transacted. No municipal corporation, as defined in ORS
297.405, incorporated or formed in this state after October 3, 1979, shall
receive or disburse moneys or transact business of any kind until a notice of
incorporation or formation has been filed with the Secretary of State by that
corporation. [1979 c.621 §7]
Note: 198.782 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 198 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
198.785
Proceeding to contest validity of formation or change of organization. (1) If the county clerk refuses to accept
and file a petition for formation or for change of organization, or if the
county board refuses to call a special election as provided by ORS 198.705 to
198.955, any citizen of the affected district or territory may apply within 10
days after such refusal to the circuit court of the principal county for a writ
of mandamus to compel the county board or county clerk to do so. If it is
decided by the circuit court that the petition for formation or change of
organization is legally sufficient and the requisite number of signatures is
attached, the circuit court shall direct the county board to call the election.
The suit shall be advanced on the docket and decided by the circuit court as
quickly as possible. Either party may appeal as provided for appeals in other
proceedings.
(2) An action to determine the validity of
a formation or change of organization proceeding may also be brought pursuant
to ORS 33.710 and 33.720 or 34.010 to 34.100.
(3) For the purpose of an action to
determine or contest the validity of a formation or change of organization, the
formation or change shall be considered complete and final upon the date the
order of formation or the order, resolution or statement announcing a change of
organization is filed with the county clerk as provided by ORS 198.780. [1971
c.727 §22; 1979 c.562 §7; 1979 c.772 §15a]
198.790
Rights of creditors after change of organization; enforcement. No change of organization, or any term or
condition thereof, shall impair the rights of any bondholder or other creditor
of a district. Notwithstanding ORS 198.705 to 198.955, or of any order changing
the organization of a district, or any term or condition thereof, each and
every bondholder or other creditor may enforce all the rights of the bondholder
or other creditor in the same manner and to the same extent as if the change of
organization, term or condition had not been made. Any such rights may also be
enforced against agencies, and their respective officers, as follows:
(1) Upon annexation or withdrawal of
territory: Against the district to or from which the territory is annexed or
withdrawn.
(2) Upon dissolution of a district:
Against the successor city, county or district or against a city, county or
district receiving distribution of all or any part of the remaining assets of
the dissolved district.
(3) Upon merger of two or more districts:
Against the surviving district.
(4) Upon consolidation of two or more
districts: Against the successor district. [1971 c.727 §23]
198.792
District formation or annexation proceedings to relieve public health danger. (1) Proceedings may be initiated by the
county board or any other public agency in accordance with ORS 431.705 to
431.760:
(a) To annex the affected territory to a
district, as defined by ORS 431.705; or
(b) To form a metropolitan service
district as authorized by ORS chapter 268, or a county service district as
authorized by ORS chapter 451, to include the affected territory.
(2) The findings of the Director of Human
Services when filed with the county board in accordance with ORS 431.735 or
431.750 shall be considered a petition for the purposes of ORS 198.705 to
198.955. The county board of the principal county shall conduct proceedings in
accordance with the findings and order of the director and with ORS 198.705 to
198.955.
(3) In proceedings described by subsection
(1) of this section, the county board shall determine whether the affected
territory shall be included in a new district or annexed to an existing
district. The county board shall not inquire into the need for the proposed
service facilities or adjust the boundaries of the affected territory. ORS
198.805 (2), and the provisions of ORS 198.810 and 198.815 providing for an
election on the formation of or annexation to a district, do not apply to
proceedings under this section. [1973 c.361 §14]
198.793
Change of district name. (1)
A district may change its name from the name given it in the formation order of
the county board under ORS 198.810, or from the name under which it was
otherwise incorporated, to a name chosen by resolution of a majority of the
members of the district board.
(2) A district board shall not adopt a
resolution for a district name change without first publishing notice of the
proposed name change under ORS 198.730 (2) and holding a hearing on the matter.
(3) The resolution for a district name
change shall take effect 30 days after adoption by the district board unless a
petition objecting to the name change is filed as provided in this subsection
within those 30 days. The requirements for preparing, circulating and filing a
petition under this subsection shall be as provided for an initiative petition
in ORS 255.135 to 255.205. If a majority of the electors voting on the question
approve the name change, it shall be effective immediately. [1979 c.272 §2;
1983 c.350 §6]
198.794
Effect of district name change; notification to certain officials. (1) All powers, rights, duties and
obligations of a district which has adopted a new name under ORS 198.793 shall
be continued under the new name. All references to the prior name of the
district shall be considered references to the new name.
(2) A district changing its name under ORS
198.793 shall, immediately upon effectiveness of the change, certify the name
change to the Director of the Department of Revenue, the county treasurer of
the principal county and the county clerk and county assessor of each county in
which the district is situated. [1979 c.272 §3]
(Formation)
198.795
Jurisdiction over district formation; duration of jurisdiction. For purposes of a formation proceeding, the
county board where the petition is filed shall have original and, except as
provided by ORS 199.410 to 199.519, exclusive jurisdiction, coextensive with
the boundaries of the proposed district, without regard to county lines. For
all purposes under ORS 198.705 to 198.955, the jurisdiction of the county board
of the principal county shall continue from the time a district is formed until
the district is dissolved. [1971 c.727 §6]
198.800
Formation petition; hearing; notice of hearing. (1) A petition for formation must be filed
with the county board of the principal county. Before the petition is filed,
the petition must be endorsed by any agency required by the principal Act to
endorse or approve the petition. If the petition satisfies the requirements of
ORS 198.748, 198.749 and 198.750 to 198.775 and is otherwise sufficient under
the principal Act, the county board shall:
(a) If the county is within the
jurisdiction of a local government boundary commission, file the petition with
the boundary commission within 10 days after the petition is filed with the
board; or
(b) Set a date for a hearing on the
petition. The hearing may not be held less than 30 days or more than 50 days
after the date the petition is filed.
(2) The county board shall cause notice of
the hearing to be posted in at least three public places and published by two
insertions in a newspaper. The notice shall state:
(a) The purpose for which the district is
to be formed.
(b) The name and boundaries of the
proposed district.
(c) The time and place of the hearing on
the petition.
(d) That all interested persons may appear
and be heard.
(3) Except as provided in subsection
(1)(a) of this section, this section and ORS 198.805 do not apply in areas
subject to the jurisdiction of a local government boundary commission. [1971
c.727 §24; 1983 c.336 §20; 1989 c.92 §5; 2005 c.747 §1]
198.805
Conduct of hearing; standards for formation; notice to nonappearing landowner;
order for dissolution. (1) At
the time stated in the notice, the county board shall hear the petition and
determine, in accordance with the criteria prescribed by ORS 199.462, whether
the area could be benefited by the formation of the district. The county board
may adjourn the hearing from time to time, but not exceeding four weeks in all
unless additional notice is given. The county board may alter the boundaries
set forth in the petition to either include or exclude territory. The board may
not modify the boundaries to:
(a) Exclude from the proposed district
land that, in the judgment of the board, could be benefited by inclusion in the
proposed district; or
(b) Include in the proposed district land
that, in the judgment of the board, could not be benefited by inclusion in the
proposed district.
(2) If the county board determines that
any land has been improperly omitted from the proposed district and that the
owner has not appeared at the hearing, the board shall continue the hearing and
shall order notice given to the nonappearing owner requiring the owner to
appear before it and show cause, if any, why the land of the owner should not
be included in the proposed district. The notice shall be given either by
posting and publication, in the same manner as notice of the original hearing
and for the same period, or by personal service on each nonappearing owner. If
notice is given by personal service, service shall be made at least 10 days
prior to the date fixed for the further hearing.
(3) If the county board finds that a
proposed county service district may not be needed in the future or that
indefinite existence may significantly discourage future boundary changes, it
may require dissolution as provided in ORS 451.620. The order for such
dissolution shall specify the fiscal year, not later than the 10th fiscal year
after the date of the order, in which dissolution shall occur. [1971 c.727 §25;
1987 c.504 §5; 2005 c.747 §2]
198.810
Order for formation; final hearing; election; voter approval to incur bonded
indebtedness. (1) The county
board shall approve, modify or reject a petition for formation using only the
criteria set forth in ORS 198.805.
(2) If the county board approves the
petition for formation, as presented or as modified, or if the boundary
commission considers the petition for formation pursuant to ORS 198.800 (1)(a),
approves the petition, as presented or as modified, and transmits its approval
to the county board in accordance with ORS 199.480, the county board shall
enter an order so declaring. The order shall set forth the name of the district
and the boundaries as determined by the board or by the boundary commission.
The order shall also fix a place, and a time not less than 20 nor more than 50
days after the date of the order, for a final hearing on the petition. The
order shall declare that if written requests for an election are not filed as
provided by subsection (3) of this section, the board, at the time of the final
hearing, will enter its order creating the district. The board shall cause
notice of the hearing to be given by publication.
(3) An election may not be held unless
written requests for an election are filed at or before the hearing by not less
than 15 percent of the electors or 100 electors, whichever is the lesser
number, registered in the proposed district.
(4) Notwithstanding subsections (2) and
(3) of this section, if the petition for formation includes:
(a) A permanent rate limit for operating
taxes for the proposed district and the petition is approved by the county
board or boundary commission, as presented or as modified, the county shall
hold an election on the question of forming the district.
(b) In addition to the permanent rate
limit for operating taxes, a separate ad valorem tax for bonded indebtedness
for capital construction within the proposed district and the petition is
approved by the county board, as presented or as modified, the county shall
hold an election on the question of incurring the bonded indebtedness when the
election on the question of formation of the district is held. The question on
incurring bonded indebtedness may be approved only if electors approve
formation of the district, and the ballot measure must clearly state that the
bonded indebtedness may be approved only if electors approve formation of the
district.
(5) Notwithstanding subsection (3) of this
section and ORS 198.815, an order of a boundary commission authorizing a county
service district established to provide sewage works to also provide drainage
works shall be effective upon the filing of the order with the county board.
The order of the boundary commission is subject to referendum by the electors
of the county service district in the manner provided for district measures
under ORS 255.135 to 255.205. If the order of a boundary commission is referred
to the electors, the order does not take effect until the order is approved by
a majority of the votes cast on the question and the results of the election
are certified. The question in the ballot title for a measure referred under
this subsection shall be worded so that an affirmative response to the question
corresponds to a vote in favor of authorizing the county service district to
provide drainage works. [1971 c.727 §26; 1983 c.83 §10; 1983 c.336 §21; 1989
c.92 §6; 1989 c.374 §1; 1997 c.541 §345; 2001 c.707 §1; 2005 c.747 §3]
198.813
Formation of county service district for water management services in
(2) Notwithstanding ORS 198.705 to 198.955
or 451.620, an order of the county board that approves a petition for formation
of a county service district within Washington County to provide water resource
management services may also provide for the dissolution of any existing county
service district that is situated within the newly established district and
that provides any water resource management service that will be provided by
the newly established district. Upon the effective date of the order, the
existing county service district shall be dissolved and the newly established
district shall succeed to all the assets and become charged with all the
liabilities, obligations and functions of the former district. [1999 c.759 §3;
2005 c.747 §4]
Note: 198.813 was added to and made a part of
198.800 to 198.820 by legislative action but was not added to any other series.
See Preface to Oregon Revised Statutes for further explanation.
198.815
Election on formation; notice; ballot title when dissolution ordered; election
of first board. (1) If the
required number of written requests for an election are filed with the county
board on or before the date of the final hearing or if the petition for
formation includes a permanent rate limit for operating taxes for the proposed
district, the board shall provide by order for the holding of an election to
submit to the electors the question of forming the district. The board shall
cause notice of the election to be published by two insertions. If requests for
an election are filed by less than the required number of persons and no
permanent rate limit for operating taxes is included in the petition, the
county board shall dismiss the requests and enter an order creating the
district.
(2) The order calling an election shall
fix the date of the election on the next available election date in ORS 255.345
for which the filing deadline can be met. However, when the proposal for
formation includes a permanent rate limit for operating taxes for the proposed
district, the election shall be held on the date of the next primary election
or general election for which the filing deadline can be met. The order shall
also state that at such election members of the district board will be voted
for. Candidates to be voted for as members of the first board of a district
shall be nominated as provided by ORS chapter 255 and the principal Act of a
district.
(3) The order calling the election shall
require the county official in charge of elections to include with the ballot
for the election a map or other description of the boundaries of the proposed
district using streets and other generally recognized features and a statement
of the permanent rate, if any, proposed for the district in the petition for
formation under ORS 198.750 (1)(g). Such statement shall comply with the
requirements of ORS 250.035. The map or other description and statement
required by this subsection shall be supplied by the county board.
(4)(a) When the proposal for formation
includes a permanent rate limit for operating taxes for the proposed district,
the ballot title shall clearly indicate that a single question is being
proposed which is:
(A) Whether the proposed district shall be
formed; and
(B) Whether the permanent rate limit
specified in the ballot title shall be adopted as the maximum rate of operating
taxes for that district.
(b) The ballot title for the election
shall be in compliance with ORS 250.036.
(5) When the proposal for formation
includes a permanent rate limit for the proposed district, the district shall
be authorized to impose operating taxes not in excess of the permanent rate
limit if the proposal is approved by a majority of the votes cast and:
(a) At least 50 percent of registered
electors eligible to vote in the election cast a ballot; or
(b) The election is a general election in
an even-numbered year.
(6) If a proposed county service district
is subject to dissolution unless a determination of public need for continued
existence is made, the ballot title shall include the fiscal year in which
dissolution will occur and statement that the district will dissolve unless the
board of directors determines that there is a public need for continued
existence. [1971 c.727 §27; 1979 c.316 §6; 1987 c.504 §6; 1987 c.707 §1; 1989
c.92 §7; 1989 c.923 §4; 1991 c.70 §4; 1995 c.712 §84; 1997 c.541 §346; 1999
c.21 §1]
198.820
Order by county board; effect of formation. (1) After the election if any is held, if it is determined by the
county board that the majority of the votes cast were in favor of formation of
the district, the board shall enter an order establishing and forming the
district. If a majority of the votes cast oppose the formation of the district,
the board shall enter an order dismissing the petition. The order shall be entered
within 30 days after the date of the election. The county board shall also
canvass the votes for members of the district board and, if formation of the
district is approved, cause the county clerk to issue certificates of election
to the number of persons, equal to the number of board members named in the
petition for formation, receiving the highest number of votes.
(2) After the date of the formation order,
the inhabitants of the territory within the district shall be a municipal
corporation to be known by the name specified in the order, and as such shall
have perpetual succession, and by such name shall exercise and carry out the
corporate powers and objects conferred by the principal Act of the district.
(3) An order creating a district, whether
the district is formed with or without an election, shall state the name and
purpose of the district, describe its boundaries, and declare the district
formed. From the date of the formation order the district shall be considered
established. [1971 c.727 §28; 1999 c.759 §4]
198.825
Election of first members of board when no formation election required. (1) If an election is not held on the
question of formation, an election shall be ordered for the purpose of electing
the first members of the district board. When the formation order is entered,
the county board shall order an election held in the district, which election
shall be held on the next practicable date under ORS 255.345.
(2) ORS chapter 255 governs the nomination
and election of the first board of a district defined under ORS 255.012 if the
district has an elective board. If the district is not defined under ORS
255.012, the returns of the election shall be made to the county clerk. The
clerk shall canvass the votes for members of the district board and issue
certificates of election to the number of persons, equal to the number of board
members named in the petition for formation, receiving the highest number of
votes. [1971 c.727 §29; 1975 c.647 §1; 1983 c.350 §7]
198.830
Petition for formation by all landowners in proposed district. (1) If the owners of all real property
within an area desire to form a district, they may sign and present a petition
to the county board. The petition shall contain the information required by ORS
198.750 to 198.775 and shall be verified by the affidavit of one of the
petitioners that the petitioner believes that the signers of the petition
comprise all the owners, at the time of the verification, of all the land
included within the proposed district. If members of the district board are
generally elected to office, the petition shall also state the names of persons
desired as the members of the first board and an acceptance in writing by each
agreeing to serve as a member of the board.
(2) The county board shall approve the
petition for formation of the district if it finds:
(a) That the owners of all the land within
the proposed district have joined in the petition; and
(b) That, in accordance with the criteria
prescribed by ORS 199.462, the area could be benefited by formation of the
district.
(3) If formation is approved, any election
required by ORS 198.810 to 198.825 shall be dispensed with. After the hearing
on the petition, if the county board approves the petition, it shall enter an
order creating the district. If the district board members generally are
elected, the persons nominated by the petition and accepting nomination as
members of the board shall constitute the first board of the district. [1971
c.727 §30]
198.835
Order for formation of district in single county; order for exercise of
additional function by county service district; contents of order. (1) The county board may initiate the
formation of a district, to be located entirely within the county, by an order
setting forth:
(a) The intention of the county board to
initiate the formation of a district and citing the principal Act.
(b) The name and boundaries of the
proposed district.
(c) The date, time and place of a public
hearing on the proposal.
(2) An order initiating the formation of a
county service district may require dissolution, subject to a determination of
public need for continued existence of the county service district as provided
in ORS 451.620. The fiscal year in which dissolution will occur, not later than
the 10th fiscal year after the date of the order, shall be specified.
(3) Except as otherwise provided by the
principal Act, if any part of the territory subject to formation of a district
under this section is within a city, the order shall be accompanied by a
certified copy of a resolution of the governing body of the city approving the
order.
(4) A county board that also serves as the
governing body of a county service district established to provide sewage works
may initiate a proceeding to authorize that county service district to also
provide drainage works by adopting an order setting forth the information
specified in subsection (1) of this section. The order must be accompanied by
resolutions consenting to the additional function that are adopted by the
governing bodies of not less than 70 percent of the cities located within the
boundaries of the county service district. [1971 c.727 §31; 1987 c.504 §7; 1987
c.510 §1; 1989 c.374 §2; 2005 c.510 §4]
198.840
Notice of hearing. Notice of
the hearing set by the order shall be given in the manner provided by ORS
198.800 except that the notice shall state that the county board has entered an
order declaring its intention to initiate formation. The hearing and election
on the proposal, and election of board members, shall be conducted as provided
by ORS 198.800 to 198.825. [1971 c.727 §32]
198.845
Costs. The county shall bear
the cost of formation or attempted formation of a district under ORS 198.835 to
198.845. However, if a district is formed, the district shall reimburse the
county for any expenses incurred by the county in making necessary preliminary
engineering studies and surveys in connection with the formation of the
district. [1971 c.727 §33]
(Annexation)
198.850
Annexation petition or resolution; delayed effective date for certain
annexations. (1) When the
electors of an area wish to annex to a district, they may file an annexation
petition with the county board. Before the petition is filed with the county
board, it shall be approved by indorsement thereon by the board of the affected
district and by any other agency also required by the principal Act to indorse
or approve the petition.
(2) ORS 198.800 to 198.820 apply to the
proceeding conducted by the county board and the rights, powers and duties of
petitioners and other persons having an interest in the proceedings. However,
when determining whether to approve an annexation petition filed under this
section, the county board, in lieu of the criteria prescribed by ORS 198.805
(1) and 199.462, shall consider the local comprehensive plan for the area and
any service agreement executed between a local government and the affected
district.
(3) In lieu of a petition, annexation may
be initiated by resolution of the district board or of the county board. Proceedings
may also be initiated by any other public agency if authorized by the principal
Act. If proceedings are initiated by the district board or another public
agency, a resolution setting forth the matters described by ORS 198.835 shall
be filed with the county board. The proceeding thereafter shall be conducted as
provided by ORS 198.835 to 198.845. However, when determining whether to
approve the resolution, the county board, in lieu of the criteria prescribed by
ORS 198.805 (1) and 199.462, shall consider the local comprehensive plan for
the area and any service agreement executed between a local government and the
affected district. An annexation initiated by the district board may include an
effective date that is not later than 10 years after the date of the order
declaring the annexation. [1971 c.727 §34; 1991 c.637 §5; 1999 c.392 §3]
198.855
Annexation election; annexation without election when petition signed by all
landowners or by majority of electors and owners of more than half of land. (1) If the annexation petition is not signed
by all the owners of all the lands in the territory proposed to be annexed or
is not signed by a majority of the electors registered in the territory
proposed to be annexed and by the owners of more than half of the land in the
territory and an election is ordered on the proposed annexation as provided by
ORS 198.815, the county board shall order an election to be held in the
territory and the county board also shall order the board of the affected
district to hold an election on the same day, both elections to be held for the
purpose of submitting the proposed annexation to the electors. The district
board shall certify the results of the election to the county board. The order
of annexation shall not be entered by the county board unless a majority of the
votes in the territory and a majority of the votes in the district are in favor
of the annexation. If a majority of the votes cast in both elections do not
favor annexation, the county board by order shall so declare.
(2) Two or more proposals for annexation
of territory may be voted upon at the same time. However, within the district
each proposal shall be stated separately on the ballot and voted on separately
and, in the territory proposed to be annexed, no proposal for annexing other
territory shall appear on the ballot.
(3) If the annexation petition is signed
by all of the owners of all land in the territory proposed to be annexed or is
signed by a majority of the electors registered in the territory proposed to be
annexed and by the owners of more than half of the land in the territory, an
election in the territory and district shall be dispensed with. After the
hearing on the petition, if the county board approves the petition as presented
or as modified or, if an election is held, if the electors approve the
annexation, the county board shall enter an order describing the boundaries of
the territory annexed and declaring it annexed to the district. [1971 c.727 §35;
1987 c.818 §5]
198.857
Annexation without election by petition of landowner. (1) Notwithstanding ORS 198.750, 198.755,
198.760, 198.765, 198.775, 198.850 and 198.855, a parcel of land may be annexed
to a district as provided in this section.
(2) When the owner of a parcel of land
wants to annex that land to a district, the owner may file an annexation
petition with the county board. The petition shall declare that the petition is
filed pursuant to this section, state the name of the affected district and all
affected counties, indicate the principal Act of the affected district and be
signed by the owner of the parcel of land. Before the petition is filed with
the county board, the petition must be approved by indorsement thereon by the
board of the affected district and by any other agency also required by the
principal Act to indorse or approve the petition.
(3) If a petition filed under this section
meets the requirements of this section and is otherwise sufficient under the
principal Act, the county board shall set a date for a public hearing on the
petition. The hearing shall be held not sooner than 20 days nor later than 50
days after the date on which the petition is filed. Written notice of the
hearing shall be mailed to the petitioner and to the board of the affected
district.
(4) At the time stated in the notice
described in subsection (3) of this section, the county board shall hold a
public hearing to consider the petition. When determining whether to approve
the petition, the county board shall consider the local comprehensive plan for the
area and any service agreement executed between a local government and the
affected district. If the petition is approved, the county board shall enter an
order describing the boundaries of the land and declaring the land annexed to
the district. [1999 c.392 §2]
198.860
Effect of annexation order.
After the date of entry of an order by the county board annexing territory to a
district, the territory annexed shall become subject to the outstanding
indebtedness, bonded or otherwise, of the district in like manner as the
territory within the district. [1971 c.727 §36]
198.865 [1971 c.727 §§37,38; 1979 c.316 §7; repealed
by 1983 c.142 §1 (198.866 and 198.867 enacted in lieu of 198.865)]
198.866
Annexation of city to district; approval of annexation proposal; election. (1) The governing body of a city may adopt a
resolution or motion to propose annexation to a district for the purpose of
receiving service from the district. Upon adoption of an annexation proposal,
the governing body of the city shall certify to the district board a copy of
the proposal.
(2) The district board shall approve or
disapprove the citys annexation proposal. If the district board approves the
proposal, the district board shall adopt an order or resolution to call an
election in the district unless otherwise provided in subsection (3) of this
section.
(3) The district board is not required to
call an election if:
(a) The population of the city is less
than 20 percent of the population of the district; or
(b) The entire boundary of the city is
encompassed within the boundary of the district.
(4) Notwithstanding subsection (3) of this
section, if 10 percent of the electors or 100 electors of the district,
whichever is less, sign and present to the county board a petition requesting
an election, the board shall call an election in the district. The petition
shall be in conformity, to the greatest extent practicable, with ORS 198.750,
198.760, 198.765 and 198.770.
(5) The order or resolution of the
district board shall include the applicable matters specified in ORS 198.745.
In addition the order or resolution may contain a plan for zoning or
subdistricting the district as enlarged by the annexation if the principal Act
for the district provides for election or representation by zone or
subdistrict.
(6) The district board shall certify a
copy of the resolution or order to the governing body of the city.
(7) Upon receipt of the resolution or
order of the district board, the governing body of the city shall call an
election in the city on the date specified in the order or resolution of the
district board.
(8) An election under this section shall
be held on a date specified in ORS 255.345 that is not sooner than the 90th day
after the date of the district order or resolution calling the election. [1983
c.142 §2 (enacted in lieu of 198.865); 1993 c.417 §1; 2003 c.219 §1]
198.867
Approval of annexation to district by electors of city and district; certification;
effect of annexation. (1) If
the electors of the city approve the annexation, the city governing body shall:
(a) Certify to the county board of the
principal county for the district the fact of the approval by the city electors
of the proposal; and
(b) Present the certificate to the
district board.
(2) If the electors of the district
approve the annexation, the district board shall:
(a) Certify the results of the election;
and
(b) Attach the certificate to the
certificate of the city and present both certificates to the county board.
(3) Upon receipt of the certificate of the
city governing body and the district board, the county board shall enter an
order annexing the territory included in the city to the district. When the
county board enters the order, the city territory, together with any territory
thereafter annexed to the city:
(a) Shall be included in the boundaries of
the district; and
(b) Shall be subject to all liabilities of
the district in the same manner and to the same extent as other territory
included in the district. [1983 c.142 §3 (enacted in lieu of 198.865)]
198.869
Annexation contract; recordation; effect. A contract between a district and a landowner relating to
extraterritorial provision of service and consent to eventual annexation of
property of the landowner shall be recorded and, when recorded, shall be
binding on all successors with an interest in that property. [1991 c.637 §2]
Note: 198.869 was added to and made a part of
198.705 to 198.955 by legislative action but was not added to ORS 198.510 to
198.915. See Preface to Oregon Revised Statutes for further explanation.
(Withdrawal)
198.870
Petition for withdrawal of property from district. (1)(a) When a plan for district improvements
is adopted, or any time more than two years after the date of formation of a
district or after the date of annexation of territory to a district if
petitioners property is located within the territory annexed, an owner of land
included in a district may petition the county board for withdrawal of the
property of the owner from the district.
(b) If the electors of an area within a
district wish to withdraw from the district, they may file a petition with the
county board.
(2) Petitioners shall cause notice of the
petition filing to be given in writing to the district secretary. Within five
days after the petition is filed, petitioners shall furnish the secretary with
a copy of the petition as filed.
(3) Except as provided by ORS 198.875, ORS
198.800 to 198.820 apply to proceedings for withdrawal and to the rights,
powers and duties of the petitioners and other persons having an interest in
the proceeding.
(4) The county board may approve the
petition as presented or it may adjust the boundaries and approve the petition.
The petition shall be approved if it has not been, or is not or would not be,
feasible for the territory described in the petition to receive service from
the district. The petition shall be denied if it appears that it is, or would
be, feasible for the territory described in the petition to receive service
from the district. [1971 c.727 §39]
198.875
Election on withdrawal petition. (1) At the time and place set for the final hearing upon the
withdrawal petition if the required number of written requests for an election
on the proposed withdrawal have not been filed, the county board shall enter an
order withdrawing the described area from the district.
(2) If the required number of requests for
an election are filed on or before the final hearing, the county board shall
call an election in the district upon the question of the withdrawal of the area.
(3) If an election is called and a
majority of the votes cast at the election is in favor of the withdrawal of the
designated area from the district, the county board shall enter an order
withdrawing the area from the district. If the majority of the votes cast is
against withdrawal, the county board shall enter an order declaring the results
of the election. In either case, the county board shall cause a copy of the
order to be filed with the secretary of the district. [1971 c.727 §40]
198.880
Effect on withdrawn area.
The described area withdrawn shall, from the date of entry of the order, be
free from assessments and taxes levied thereafter by the district. However, the
withdrawn area shall remain subject to any bonded or other indebtedness existing
at the time of the order, except as provided by ORS 198.882. The proportionate
share shall be based on the assessed valuation, according to the assessment
roll in the year of the levy, of all the property contained in the district
immediately prior to the withdrawal. [1971 c.727 §41; 1977 c.663 §1]
198.882
Tax relief to withdrawn area; conditions for relief; ultimate liability. (1) The governing body of a district shall
relieve an area withdrawn from the district from taxation for its proportionate
share of outstanding bonded or other indebtedness if:
(a) No district services have been
provided to the withdrawn area; and
(b) The area withdrawn does not exceed
five percent of the equalized assessed valuation of the taxable property within
the entire district prior to the withdrawal, as certified to the county
assessor in the tax year of the withdrawal.
(2) Notwithstanding subsection (1) of this
section, if the total unlimited taxing power of the district over the area not
withdrawn from the district does not wholly satisfy the bonded or other
indebtedness incurred prior to the withdrawal, the withdrawn territory shall be
taxed in an amount sufficient to satisfy its proportionate share of that
indebtedness. [1977 c.663 §3]
Note: 198.882 was enacted into law by the Legislative Assembly but was not
added to or made a part of ORS chapter 198 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for further explanation.
(Merger;
Consolidation)
198.885
Merger of districts; effect.
(1) One district or more may merge with another district if the merger is
approved by the electors as provided by ORS 198.895 to 198.915 or if it is
approved by a local government boundary commission as provided by ORS 199.480
(1)(c). The districts included in the merger shall be considered annexed by and
absorbed into the surviving district.
(2) If the merger is approved, the
district boards and officers of the merging districts shall turn over to the
board of the surviving district all funds, property, contracts and records of
the merging districts. Upon the effective date of the merger, the surviving
district shall:
(a) Succeed to all the property,
contracts, rights and powers of the merging districts, and shall constitute and
be a regularly organized district as if originally organized in the manner
provided by the principal Act and ORS 198.705 to 198.955;
(b) Uncollected taxes, assessments or
charges levied by the merging districts shall become the property of the
surviving district and upon collection shall be credited to the account of the
surviving district; and
(c) Subject to any debt distribution plan
adopted under ORS 198.900, the surviving district shall become liable for all
the obligations, legal or contractual, of the merging districts.
(3) Districts providing potable water for
domestic consumption, sanitary sewer or surface water quality and quantity
purposes under separate principal Acts may merge as provided in this section.
The district designated as the surviving district shall have all powers held by
the other district under the principal Act of the other district.
(4) A county service district may merge
with another district providing different or similar services as provided in
subsection (3) of this section. When the county service district is not the
surviving district, the merging entities shall enter into an agreement
concerning elected representation on the board of the surviving district. The
agreement shall provide that no fewer than two members of the board of the surviving
district shall be appointed by the board of county commissioners, acting as the
governing body of the county service district, to serve until replaced by
individuals elected to the office at the next regular district election.
(5) Subsections (3) and (4) of this
section do not apply to water authorities or sanitary authorities seeking to
provide a different water-related service if the entities that seek to merge
with the existing water authorities or sanitary authorities are within the
urban growth boundary of a city and the city provides water supply, wastewater
treatment or surface water management and treatment. When such entities are
within the urban growth boundary of a city, the merging entities must:
(a) Obtain consent for the merger from the
city prior to calling an election; or
(b) Comply with the formation process set
forth in ORS 450.600. [1971 c.727 §42; 1983 c.336 §22; 1997 c.590 §1]
198.890
Consolidation of districts; effect. (1) Two or more districts may consolidate and form a new district if
the consolidation is approved by the electors as provided by ORS 198.895 to
198.915 or if it is approved by a local government boundary commission as
provided by ORS 199.480 (1)(c). The districts included in the consolidation
shall be considered joined into a single new district.
(2) If the consolidation is approved, the
district boards and officers of the consolidating districts shall turn over to
the board of the successor district all funds, property, contracts and records
of the consolidating districts. Upon the effective date of the consolidation,
the successor district shall:
(a) Succeed to all the property,
contracts, rights and powers of the consolidating districts, and shall
constitute and be a regularly organized district as if originally organized in
the manner provided by the principal Act and ORS 198.705 to 198.955;
(b) Uncollected taxes, assessments or
charges levied by the consolidating districts shall become the property of the
successor district and upon collection shall be credited to the account of the
successor district; and
(c) Subject to any debt distribution plan
adopted under ORS 198.900, the successor district shall become liable for all
the obligations, legal or contractual, of the consolidating districts.
(3) Districts providing potable water for
domestic consumption, sanitary sewer or surface water quality and quantity
purposes under separate principal Acts may consolidate as provided in this
section. Upon the effective date of the consolidation, the district designated
as the successor district shall have all powers held by the consolidating
districts under the principal Acts of all of the districts.
(4) A county service district may
consolidate with another district providing different or similar services as
provided in subsection (3) of this section. The consolidating entities shall
enter into an agreement that shall be binding on the successor district
concerning elected representation on the board of the successor district. The
agreement shall provide that no fewer than two members of the board of the
successor district shall be appointed by the board of county commissioners,
acting as the governing body of the county service district, to serve until
replaced by individuals elected to the office at the next regular district
election.
(5) Subsections (3) and (4) of this
section do not apply to water authorities or sanitary authorities seeking to
provide a different water-related service if the entities that seek to
consolidate with the existing water authorities or sanitary authorities are
within the urban growth boundary of a city and the city provides water supply,
wastewater treatment or surface water management and treatment. When such
entities are within the urban growth boundary of a city, the consolidating entities
must:
(a) Obtain consent for the consolidation
from the city prior to calling an election; or
(b) Comply with the formation procedures
set forth in ORS 450.600. [1971 c.727 §43; 1983 c.336 §23; 1997 c.590 §2]
198.895
Initiation of merger and consolidation; procedure when city included in merger
or consolidation. (1) The
electors of two or more districts may initiate proceedings to merge or
consolidate districts by filing duplicate petitions with the boards of the
districts to be merged or consolidated. The petitions shall state the names of
the affected districts, and the name of the surviving or successor district and
whether the merger or consolidation must be approved by each district. If the
proposal may be approved by fewer than all affected districts and may be
effective only as to the approving districts, the petition shall so specify.
(2) When proceedings have been initiated
as provided in subsection (1), (3), (4) or (5) of this section, and the
districts or district and city are subject to the jurisdiction of a local
government boundary commission, the initiating documents shall be filed with
the boundary commission as provided by ORS 199.476.
(3) If a proposed merger or consolidation
initiated under subsection (1) of this section includes a proposal to join a
city to the surviving or successor district, the electors of the districts and
the city also shall file a duplicate petition with the governing body of the
city. The signature requirements under ORS 198.755 applicable to a district proposed
to merge or consolidate are applicable to the city. A petition under this
subsection shall contain all the matters required to be stated in the petition
under subsection (1) of this section, except that the petition also shall
state:
(a) The name of the city proposed to join
the surviving or successor district; and
(b) Whether the merger or consolidation
must be approved by each district or city in order to be effective.
(4) The electors of one district and a
city may initiate proceedings to join the city to the district by filing
duplicate petitions with the board of the district and the governing body of
the city. The signature requirements under ORS 198.755 (4) applicable to a
district are applicable to the city. A petition under this subsection shall
contain the name of the district, the name of the city and shall state that the
proposal must be approved by the district and the city in order to be
effective.
(5) Merger or consolidation also may be
initiated by resolution adopted or approved by two or more district boards. If
the merger or consolidation under this subsection includes a proposal to join a
city to the surviving or successor district, the governing body of the city
also must adopt or approve a resolution. A resolution adopted or approved under
this subsection shall contain all the matters required to be stated in a
petition to merge or to consolidate. [1971 c.727 §44; 1983 c.142 §6; 1983 c.336
§24; 1985 c.263 §1]
198.900
Content of petition for merger or consolidation. (1) A petition for merger or consolidation
may include a debt distribution plan to be voted upon as a part of the
proposal. The plan may provide for any distribution of indebtedness and may
require that merging or consolidating districts and any city to be joined to the
surviving or successor district remain solely liable for all or any portion of
any indebtedness outstanding at the time of the merger or consolidation.
(2) If the merger or consolidation is
approved, the district board of the successor or surviving district shall, in
accordance with the plan, levy taxes and assessments for the liquidation of any
prior existing indebtedness. Such a levy shall be subject to the principal Act
of the consolidated or merged district. [1971 c.727 §45; 1983 c.142 §7]
198.902
Application of district petition requirements to cities. The procedures and requirements regarding
the preparation, circulation and filing of a petition in a district under ORS
198.705 to 198.955 apply to the preparation, circulation and filing of a
petition in a city, except that the duties of the secretary of the district
board as described in ORS 198.765 and 198.770 shall be performed by the
elections officer of the city. The governing body of a city shall perform the
duties of the district board in ORS 198.705 to 198.955 in regard to a petition
filed with the city. [1983 c.142 §9]
198.903
Joint assembly of governing bodies of affected districts or cities; order for
election; contents. (1) When
the governing body of each affected district or city has received a petition
under ORS 198.895 containing the required number of signatures or has adopted
or approved a resolution, the governing body of the affected entity having the
largest population according to the most recent federal decennial census shall
call a joint assembly of the governing bodies of the affected entities. The
governing body calling the joint assembly shall specify the time and place of
the assembly. The secretary of the governing body shall give notice of the
assembly to each member of the governing body of each affected entity. The
notice shall be given by certified mail.
(2) At the joint assembly, a majority of
the members of each governing body constitute a quorum for the transaction of
business.
(3) The assembly, by a majority of all members
present, shall adopt an order calling an election in each affected entity. The
order shall include the matters specified in ORS 198.745.
(4) The order adopted by the assembly may
include a plan for zoning or subdistricting the surviving or successor district
for the purpose of nominating or electing members of its board if the principal
Act for the district provides for election or representation by zone or
subdistrict. The plan must describe the proposed boundaries of the zones or
subdistricts. If required by the principal Act, the plan also must include a
map of the proposed zone or subdistrict boundaries.
(5) If the merger or consolidation is
initiated by petition and the petition includes a debt distribution plan, the
order adopted under this section shall include that plan. [1983 c.142 §10; 1983
c.350 §7b]
198.905
Certification of election results. The governing body of each affected entity shall meet separately not
later than the fifth day after receiving from the county clerk the abstract of
the votes cast in the entity in an election on consolidation or merger. At the
meeting, the governing body of the entity shall determine the result of the
election and certify the result to the governing body of each of the affected
entities. [1971 c.727 §46; 1983 c.142 §11]
198.910
Joint meeting of governing bodies of merged or consolidated districts and
cities; election of board members for surviving or successor district; terms. (1) If the proposal for merger or
consolidation is approved by a majority of the votes cast in each affected
entity required for approval of the proposal, the governing body of the
affected entity with the largest population according to the most recent
federal decennial census shall call a joint meeting of the governing bodies of
the affected entities. The meeting shall be held at a time and place designated
by the governing body calling the meeting, not later than 10 days after the
canvass of the vote in the entity last canvassed. The secretary of the entity
calling the meeting shall give notice of the time and place of the meeting to
each member of the governing body of each affected entity.
(2) At the joint meeting, a majority of
the members of the governing body of each affected entity constitute a quorum
for the transaction of business. The members so assembled shall from among the
members elect a number of persons consistent with the principal Act to serve as
board members of the surviving or successor district. The board so elected
shall immediately meet and organize as provided by the principal Act and shall
by resolution declare the districts merged or consolidated and each affected
city joined, as the case may be. From the date of adoption of the resolution
the merger or consolidation is complete, and the city territory, together with
any territory thereafter annexed to the city, is included in the boundaries of
the surviving or successor district and shall be subject to all the liabilities
of the district in the same manner and to the same extent as other territory included
in the district.
(3) Of the persons elected under
subsection (2) of this section to serve as board members of the surviving or
successor district, three shall serve until June 30 following the next regular
district election as defined in ORS 255.005 and the remaining members shall
serve until June 30 next following the second regular district election.
However, if the principal Act provides for a board of directors of three
members for the surviving or successor district, then two members shall serve
until June 30 following the next regular district election as defined in ORS
255.005 and the remaining member shall serve until June 30 next following the
second regular district election. The terms of office of the members shall be
determined by lot. [1971 c.727 §47; 1983 c.142 §12; 1989 c.503 §1; 1993 c.424 §4]
198.912
Apportionment of board members for certain surviving or successor districts. Notwithstanding ORS 198.910, when, at an
election on consolidation or merger, a majority of the votes cast in each
affected district is in favor of merger or consolidation or when merger or
consolidation of districts is approved by a final order of a local government
boundary commission, if two or more of the affected districts each have 20
percent or more of the electors or owners of land within the successor or
surviving district, then each such affected district shall be represented on
the board elected under ORS 198.910 as follows:
(1) By one member when the percentage of
electors or owners of land in the affected district is at least 20 percent but
less than 40 percent of the electors or owners of land within the successor or
surviving district.
(2) By two members when the percentage of
electors or owners of land in the affected district is at least 40 percent but
less than 60 percent of the electors or owners of land within the successor or
surviving district.
(3) By the number of board members
remaining after apportionment of board members under subsections (1) and (2) of
this section when, among all of the affected districts, the percentage of
electors or owners of land in the affected district is the highest percentage
of electors or owners of land within the successor or surviving district. [1997
c.590 §5]
198.915
Election of board members at regular district election. At the first regular election held in the
surviving or successor district, two or three district board members shall be
elected as provided by ORS 198.910 (3). [1971 c.727 §48; 1993 c.424 §5]
(Dissolution)
198.920
Dissolution procedure.
Dissolution of a district may be initiated:
(1) By a petition of the electors
requesting dissolution of the district, filed with the county board.
(2) By resolution of the district board
filed with the county board when the district board determines that it is in
the best interest of the inhabitants of the district that the district be
dissolved and liquidated.
(3) By resolution of the county board:
(a) If the district at the time of the
regular district election has not elected district board members, as required
by the principal Act, to fill vacancies on the district board; or
(b) If the territory within the district
is uninhabited; and
(c) If in either case the county board
determines that it is in the best interest of the people of the county that the
district be dissolved and liquidated.
(4) Within five days after a petition is
filed or a resolution of a county board is adopted under this section, a copy
shall be filed with the district secretary, if any, or with any other district
officer who can with reasonable diligence be located.
(5) If there are no qualified district
board members, the county board shall act as or appoint a board of trustees to
act in behalf of the district. [1971 c.727 §49]
198.925
Findings of fact by district board. (1) When dissolution proceedings have been initiated, the district
board shall make findings of fact which shall include:
(a) The amount of each outstanding bond,
coupon and other indebtedness, with a general description of the indebtedness
and the name of the holder and owner of each, if known.
(b) A description of each parcel of real
property and interest in real property and, if the property was acquired for
delinquent taxes or assessments, the amount of such taxes and assessments on
each parcel of property.
(c) Uncollected taxes, assessments and
charges levied by the district and the amount upon each lot or tract of land.
(d) A description of the personal property
and of all other assets of the district.
(e) The estimated cost of dissolution.
(2) The district board shall propose a
plan of dissolution and liquidation.
(3) Within 30 days after initiation of the
dissolution proceeding, the findings of fact and the proposed plan of
dissolution and liquidation shall be filed in the office of the county clerk
and shall be available for inspection by any interested person. [1971 c.727 §50]
198.930
Plan for dissolution and liquidation. The plan of dissolution and liquidation may include provision for
transfer and conveyance of all assets of the district to any other district or,
in the case of a county service district, to the county in which the district
is located, which has the authority to and agrees to assume the outstanding
indebtedness of the dissolving district, if any, and to continue to furnish similar
services to the inhabitants of the district. [1971 c.727 §51; 1987 c.504 §8]
198.935
Election on dissolution; consent of creditors; content of notice. (1) When the district to be dissolved is
within the jurisdiction of a local government boundary commission, within 10
days after the district board files the plan of dissolution and liquidation
required by ORS 198.925, the district board shall file the documents initiating
dissolution with the boundary commission in accordance with ORS 199.476.
(2) Within 10 days after the district
board files the plan of dissolution and liquidation required by ORS 198.925,
and following boundary commission approval if necessary, the district board
shall call an election for the purpose of submitting to the electors of the
district the question of whether the district shall be dissolved, its
indebtedness liquidated and its assets disposed of in accordance with the plan
proposed. The election shall be held on the next available election date in ORS
255.345 for which the filing deadline can be met. No election shall be called
until the assent of all known holders of valid indebtedness against the
district is obtained or provision is made in the plan for payment of the
nonassenting holders. The notice of the election shall contain a brief summary
of the plan of dissolution and liquidation and state that the plan of
dissolution is available for examination at the office of the county clerk. [1971
c.727 §52; 1979 c.316 §8; 1983 c.336 §25; 1987 c.707 §3; 1989 c.923 §5]
198.940
Dissolution without election.
The election required by ORS 198.935 shall be dispensed with and the county
board shall declare the district dissolved and proceed in accordance with ORS
198.945, if the county board finds that:
(1) Dissolution is in the interest of the
people of the county; and
(2) The territory within the affected
district is uninhabited;
(3) The district has failed regularly to
elect district board members in accordance with the principal Act of the
district; or
(4) For a county service district,
dissolution is required due to an absence of public need for continuation of
the district, as provided in ORS 451.620. [1971 c.727 §53; 1987 c.504 §9]
198.945
Trustees for dissolved district; records to county clerk; limitation on further
elections. (1) Upon
canvassing the vote after the election, if it appears that a majority or more
of the votes cast approve dissolution, the district board shall declare the
district dissolved. The board shall thereupon constitute a board of trustees
who shall pay the debts or procure releases thereof and dispose of the property
of the district. If the dissolved district was located wholly within the limits
of one county, the board of the dissolving district may designate the county
board as the board of trustees for the purpose of winding up the affairs of the
district. If a majority of the votes cast at the election is against
dissolution, the district board shall declare the proposal lost and cause the
result of the vote to be made a part of the records of the district. In either
case, the results of the election shall be certified to the county board
immediately after the canvass of the vote.
(2) If dissolution is approved, after the
affairs of the district have been fully settled, all books and records of the
district shall be deposited by the board of trustees in the office of the
county clerk of the county. At the same time, the board of trustees shall
execute under oath, and file with the county board, a statement that the
district has been dissolved and its affairs liquidated. From the date of the
statement, the corporate existence of the district is terminated for all
purposes.
(3) If a majority of the votes cast are
against dissolution, no further election for dissolution shall be called by the
board, upon petition or upon a resolution of the board, prior to the expiration
of one year from the date of the election on dissolution. [1971 c.727 §54]
198.950
Power of trustees to convey assets. The board of trustees may convey to another district all assets of the
dissolving district as described by ORS 198.930:
(1) If the other district assumes all
debts and obligations of the dissolving district and undertakes to continue to
furnish the service provided by the dissolving district pursuant to the plan of
dissolution and liquidation; and
(2) If the consent of all the known
holders of valid indebtedness against the district has been obtained, or
provision has been made in the plan for payment of the nonassenting holders. [1971
c.727 §55]
198.955
Disposition of assets; rules.
(1) Except as provided by ORS 198.950, any surplus funds remaining to the
credit of the district, after payment of the indebtedness of the district,
shall be turned over to the county treasurer. If the assets of the district are
insufficient to pay the indebtedness, the board of trustees shall levy taxes,
within the limits of the authority of the district, for the liquidation of such
indebtedness.
(2) Notwithstanding subsection (1) of this
section, if the property of a district is located within the corporate limits
of a city, such property shall, upon dissolution of the district, vest in the
city in which located and the property of the district lying outside the
corporate limits of any city shall vest in the county until the formation of a
city embracing such territory, at which time it shall vest in the city.
(3) In each year that the county receives
surplus funds to the credit of the district under subsection (1) of this
section, any funds in the account of the district on June 30, in excess of
$6,000 retained by the county for administration, shall be certified to the
county assessor and shall be disposed of as provided under one of the following
paragraphs, as selected by the county assessor:
(a) Notwithstanding ORS 310.105, the funds
may be offset against that portion of the levies of taxing units levied against
the property values of property within the dissolved district. The method of
offset shall be further defined by rule of the Department of Revenue. If the
funds are offset as provided under this paragraph, the funds shall be
distributed to each taxing unit in the amount of that taxing units offset.
(b) The amount may be credited to each
property appearing on the tax roll for the year for which the credit applies
within the dissolved district on the basis of current assessed value. If the
surplus funds are distributed under this paragraph, the surplus funds shall be
deposited in the unsegregated tax collections account established under ORS
311.385 and distributed in the same manner as other funds in that account. The
method to be used to credit the amount of the surplus shall be further defined
by rule of the Department of Revenue. [1971 c.727 §56; 1989 c.883 §1; 1991
c.459 §343]
HERITAGE
DISTRICTS
198.973
Definitions for ORS 198.973 to 198.989. As used in ORS 198.973 to 198.989, unless the context requires
otherwise:
(1) County means the county in which the
administrative office of the district is located.
(2) County governing body means the
county court or board of county commissioners of the county.
(3) District means a heritage district
formed under ORS 198.705 to 198.955 and 198.973 to 198.989.
(4) District board or board means the
governing body of a district. [2007 c.562 §1]
Note: 198.973 to 198.989 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
198 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
198.974
Creation of heritage district.
(1) A heritage district may be created as provided in ORS 198.705 to 198.955
and 198.973 to 198.989.
(2) In addition to other required matters,
a petition for formation of a district shall state the method of election of
the board of the proposed district from among the methods described in ORS
198.980. [2007 c.562 §2]
Note: See note under 198.973.
198.975
Formation of multicounty heritage district. (1) In addition to other methods for formation of a heritage district
authorized under ORS 198.705 to 198.955 and 198.973 to 198.989, the governing
body in each of two or more counties may initiate the formation of a
multicounty district, to be located entirely within those counties, by an order
setting forth:
(a) The intention of the county governing
body to initiate the formation of a district and citing the principal Act.
(b) The name and boundaries of the
proposed district.
(c) The date, time and place of a public
hearing on the proposal.
(2) The orders issued under subsection (1)
of this section must be substantially similar, set forth the same name and
boundaries for the proposed district and be issued within a 90-day period.
(3) Each county governing body issuing an
order under this section shall hold a public hearing on the proposal.
(4) After the public hearings held by each
county governing body, further hearings and the election on the proposal, and
election of board members, shall be conducted as provided by ORS 198.800 to
198.825 except that:
(a) Hearings shall be conducted by the
governing body of the principal county involved in the proposed formation; and
(b) Notwithstanding ORS 198.810 (3), the
governing body of the principal county shall provide by order for the holding
of an election to submit to the electors registered within the proposed
district the question of forming the district.
(5) As used in this section:
(a) Principal Act has the meaning given
that term in ORS 198.705.
(b) Principal county has the meaning
given that term in ORS 198.705. [2007 c.562 §3]
Note: See note under 198.973.
198.976
Heritage district board. (1)
The officers of a heritage district shall be a board of five members, to be
elected by the electors of the district. The district board shall appoint a
representative of the museums in the district to serve as secretary of the
district.
(2) Any elector residing within the
district shall be qualified to serve as a district board member. [2007 c.562 §4]
Note: See note under 198.973.
198.977
Election of first heritage district board. (1) Five district board members shall be elected at the election for
heritage district formation. Nominating petitions or declarations of candidacy
described in ORS 249.031 shall be filed with the county governing body. The fee
for a declaration of candidacy shall be as prescribed in ORS 255.235.
(2) If the effective date of the formation
of the district occurs in an odd-numbered year, two district board members
shall be elected for four-year terms and the other three district board members
shall be elected for two-year terms. If the effective date of the formation
occurs in an even-numbered year, two district board members shall be elected
for three-year terms and the other three district board members shall be
elected for one-year terms.
(3) Each district board member shall hold
office until election and qualification of a successor. [2007 c.562 §5]
Note: See note under 198.973.
198.978
Election of heritage district board members; initiative and referendum. (1) ORS chapter 255 governs the following:
(a) The nomination and election of
heritage district board members.
(b) The conduct of district elections.
(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. [2007 c.562 §6]
Note: See note under 198.973.
198.979
Result of election at large or by zone; oath of office; vacancy; term of
office. (1) If two or three
board members of a heritage district are to be elected at a regular district
election at large, the candidates receiving the highest number of votes shall
be elected. If one or more board members are to be elected by zone, the
candidate receiving the highest number of votes in each zone shall be elected.
(2) Each district board member elected
shall take an oath of office and shall hold office from July 1, next following
election.
(3) The district board shall fill any
vacancy on the board as provided in ORS 198.320.
(4) The term of a district board member is
four years. [2007 c.562 §7]
Note: See note under 198.973.
198.980
Choice of election at large or by zone. (1) Heritage district board members may be elected by one of the
following methods or a combination thereof:
(a) By the electors of zones as nearly
equal in population as possible according to the latest federal census.
(b) 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. [2007 c.562 §8]
Note: See note under 198.973.
198.981
Change in method of nominating and electing heritage district board members. (1) A heritage district may not change the
method for nominating and electing board members, unless the change is approved
by the electors of the district in an election held prior to the change in
method. 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 number of existing zones, the following requirements
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 may 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 may
not exceed 150 words. The statement:
(A) Shall specify the method of election
of board members from among the methods described in ORS 198.980. 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
adjustment 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 may 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 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 electors who reside within zones that 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. [2007
c.562 §9]
Note: See note under 198.973.
198.982
Population within boundaries of zones in heritage districts. The board of a heritage district shall
adjust the boundaries of 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 district board also shall adjust boundaries of zones as
necessary to reflect boundary changes of the district. [2007 c.562 §10]
Note: See note under 198.973.
198.983
Filing boundary change with county assessor and Department of Revenue. For purposes of ad valorem taxation, a
boundary change of a zone established within a heritage district must be filed
in final approved form with the county assessor and the Department of Revenue
as provided in ORS 308.225. [2007 c.562 §11]
Note: See note under 198.973.
198.984
Duties of heritage district board. (1) The board of a heritage district shall be the governing body of
the district and shall exercise all powers thereof.
(2) At its first meeting or as soon
thereafter as may be practicable, the board shall choose one of its members as
president. [2007 c.562 §12]
Note: See note under 198.973.
198.985
Powers of heritage district board. The board of a heritage district has the power:
(1) To have and use a common seal.
(2) To sue and be sued in its name.
(3) To make and accept any and all
contracts, deeds, leases, releases and documents of any kind that, 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.
(4) To assess, levy and collect taxes to
pay the costs of:
(a) Acquiring, constructing,
reconstructing, altering, operating and maintaining heritage sites and
structures;
(b) Acquiring by gift, purchase or other
means, and preserving, historical objects, real and personal property of
historical interest and records, artifacts, photographs, documents, material
and data of historical importance;
(c) Establishing and maintaining programs
for heritage societies within the district;
(d) Handling any lawful claims against the
district; and
(e) Funding the operating expenses of the
district.
(5) To employ all necessary agents and
assistants.
(6) To call elections after the formation
of the district.
(7) To enlarge the boundaries of the
district as provided by ORS 198.705 to 198.955.
(8) Generally to do and perform any and
all acts necessary and proper to the complete exercise and effect of any of the
boards powers or the purposes for which the district was formed.
(9) Whenever authorized by the electors,
to issue general obligation bonds of the district. However, the aggregate
amount of general obligation bonds issued and outstanding at any one time may
not 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. [2007 c.562 §13]
Note: See note under 198.973.
198.986
Heritage district tax levy.
Each year, the board of a heritage district 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 may not exceed one-fourth of one percent
(0.0025) of the real market value of all taxable property within the district
computed in accordance with ORS 308.207. [2007 c.562 §14]
Note: See note under 198.973.
198.987
Sinking fund for acquisition of historic real property and restoration of
historic buildings or facilities. The board of a heritage district, by resolution duly adopted, may
establish sinking funds for the purpose of defraying the costs of acquiring
historic real property and for restoration of historic buildings or facilities.
A sinking fund may be created through the inclusion annually within the tax
budget of the district of items representing the yearly installments to be
credited to the fund. 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. None of the
moneys in sinking 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
board, shall be transferred to the operation and maintenance fund of the
district. [2007 c.562 §15]
Note: See note under 198.973.
198.988
Legal counsel for heritage district. The board of a heritage district may call upon the attorney for the
heritage district for advice as to any district business. The attorney for the
heritage district shall give advice when called on for advice by the board. The
board may at any time employ special counsel for any purpose. [2007 c.562 §16]
Note: See note under 198.973.
198.989
Employees retirement system.
A heritage district may establish an employees retirement system as provided
for rural fire protection districts under ORS 478.355 to 478.370. [2007 c.562 §17]
Note: See note under 198.973.
198.990 [1969 c.344 §3; 1971 c.743 §344; repealed by
1983 c.740 §55]
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