2007 Oregon Code - Chapter 265 :: Chapter 265 - Cemetery Maintenance Districts
Chapter 265 —
Cemetery Maintenance Districts
2007 EDITION
CEMETERY MAINTENANCE DISTRICTS
PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
265.005    “District”
defined
265.010Â Â Â Â Formation;
filing boundary change with county assessor and Department of Revenue
265.020Â Â Â Â Area
in which district may not be formed
265.050Â Â Â Â Board
of directors; terms
265.075Â Â Â Â Changing
number of members of board of directors
265.100Â Â Â Â Organization
of board; terms of first directors
265.120Â Â Â Â Special
elections
265.130Â Â Â Â Meetings
of board; officers
265.135Â Â Â Â Application
of ORS chapter 255 to district
265.140Â Â Â Â Powers
of district
265.150Â Â Â Â Disposition
of district funds
265.160Â Â Â Â Interest
on unpaid warrants
     265.005
“District” defined. As used
in this chapter, “district” means a cemetery maintenance district organized
under this chapter. [2003 c.802 §89]
     265.010
Formation; filing boundary change with county assessor and Department of
Revenue. (1) A cemetery
maintenance district may be formed in the manner provided by this chapter.
     (2) For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225. [Amended by 1953 c.69
§2; 1957 c.117 §1; 1963 c.519 §34; 1971 c.727 §85; 2001 c.138 §9; 2003 c.802 §90]
     265.020
Area in which district may not be formed. A cemetery maintenance district may be formed in an area aggregating
not less than 4,000 acres in one body, or in an area of less extent if it has
an assessed valuation of not less than $200,000, as shown by the last county
assessment roll. [Amended by 1971 c.727 §86]
     265.030 [Repealed by 1971 c.727 §203]
     265.040 [Amended by 1967 c.609 §2; repealed by 1971
c.727 §191]
     265.050
Board of directors; terms.
(1) The power and authority given a cemetery maintenance district shall be
exercised by and through a board of directors, each member of which shall be an
elector of the district.
     (2) The electors of a district may elect a
board of three directors or five directors.
     (3) Except as provided by ORS 265.100,
each director shall be elected to serve for a term of four years.
     (4) The board of directors shall fill any
vacancy on the board as provided in ORS 198.320. [Amended by 1971 c.727 §88;
1973 c.796 §21; 1975 c.647 §25; 1983 c.83 §40; 1983 c.350 §106; 2003 c.284 §1]
     265.060 [Repealed by 1971 c.727 §203]
     265.070 [Amended by 1961 c.324 §1; repealed by 1971
c.647 §149]
     265.075
Changing number of members of board of directors. (1) At a meeting of the board of directors of
a cemetery maintenance district, the board may change the number of directors
to be elected to the board by a motion approved by an affirmative vote of a
majority of the board.
     (2) If the board votes to change the
number of directors to be elected to the board, the board shall notify the
county clerk of the county in which the petition to form the district was filed
and the Secretary of State within 30 days of taking action.
     (3) If the board votes to increase the
number of directors from three to five, two new directors shall be elected at
the next regular district election. The board shall specify the term of office
of the new directors to maintain the election schedule for a five-member board
as specified in ORS 265.100.
     (4) If the board votes to decrease the
number of directors from five to three, the board shall determine which
director positions will be eliminated. A person serving as a director in a
position to be eliminated may complete the personÂ’s term. The director
positions that are eliminated may not be placed on the ballot at a subsequent
district election. [2003 c.284 §4]
     265.080 [Repealed by 1971 c.727 §203]
     265.090 [Repealed by 1971 c.727 §203]
     265.100
Organization of board; terms of first directors. (1) Within 10 days after issuance of their
certificates of election, the directors elected as the first board of a
district shall meet and organize by first taking and subscribing an oath of
office to the effect that they will discharge faithfully the duties of their
office to the best of their ability. They first shall determine by lot the
length of term each shall hold.
     (2) If the district has first elected a
board of three directors, the term of one director shall expire on June 30 next
following the first regular district election and the terms of two directors
shall expire on June 30 next following the second regular district election.
     (3) If the district has first elected a
board of five directors, the term of two directors shall expire on June 30 next
following the first regular district election and the terms of three directors
shall expire on June 30 next following the second regular district election. [Amended
by 1971 c.727 §90; 1973 c.796 §22; 1975 c.647 §26; 1983 c.350 §107; 2003 c.284 §2]
     265.110 [Amended by 1967 c.609 §3; 1969 c.669 §5;
1971 c.647 §50; 1973 c.796 §23; 1975 c.647 §27; repealed by 1983 c.350 §331a]
     265.120
Special elections. The
directors at any regular meeting may call a special election of the electors of
the district. [Amended by 1971 c.647 §51]
     265.130
Meetings of board; officers.
(1) The directors shall hold meetings at such time and place within the
district as they may determine upon. They shall hold at least one regular
meeting in each month on a day to be fixed by them and may hold such special
meetings under such rules as they may make.
     (2) The directors shall, at the time of
their organization, choose from their number a chairperson, a secretary and a
treasurer. The secretary and treasurer may be the same person. All officers
shall hold their offices until the first regular meeting in January following
election and until their successors are elected and qualified. These officers
shall have, respectively, powers to perform the duties usual in such cases.
     (3) A majority shall constitute a quorum
to do business. [Amended by 1969 c.345 §5]
     265.135
Application of ORS chapter 255 to district. (1) ORS chapter 255 governs the following:
     (a) The nomination and election of
directors.
     (b) The conduct of district elections.
     (2) The electors may exercise the powers
of the initiative and referendum regarding a district measure, in accordance
with ORS 255.135 to 255.205. [1983 c.350 §110]
     265.140
Powers of district. The
board of directors shall transact all business pertinent to the affairs of a
cemetery maintenance district. The district has the power:
     (1) To sue and be sued.
     (2) To purchase, take by gift or devise,
own, hold, manage and operate land for cemetery purposes.
     (3) To acquire in any manner permitted by
law existing cemeteries and to manage, operate, enlarge, maintain and beautify
them.
     (4) To plat and lay out in suitable
cemetery lots and blocks for burial purposes any land it may own or control.
     (5) To make such contracts and to purchase
and own such personal property as may be necessary or convenient for carrying
out the purposes of this chapter.
     (6) To sell or perpetually lease cemetery
lots or tracts for burial purposes.
     (7) To set aside, at the discretion of the
board of directors, not to exceed one-half of the moneys derived from the sale
or lease of cemetery lots and tracts as an irreducible maintenance fund. Any
money gift or bequest, if so designated in the instrument creating the same,
shall be placed and held in the irreducible maintenance fund, and the interest
of such fund shall be used in the perpetual upkeep and beautification of the
cemetery and lots therein. Such fund shall be invested only in such securities
as state funds may be invested in by the State Treasurer under the laws of this
state.
     (8) To do any and all things necessary or
convenient for proper ownership, operation, maintenance and management of the
district property.
     (9) To levy a tax on all taxable property
within the district, computed in accordance with ORS 308.207, for the purpose
of defraying the expenses of operation of the district and purchase of
necessary property therefor. [Amended by 1953 c.53 §2; 1963 c.9 §10; 1971 c.647
§52; 1987 c.531 §1; 2003 c.802 §91]
     265.150
Disposition of district funds.
(1) All funds collected on behalf of the district through the levy of taxes,
and all donations, contributions, bequests or equities, or from any other
source, shall be deposited with the county treasurer to the credit of the
district fund and, except as otherwise provided in subsection (2) of this
section, shall be drawn out only upon proper order and warrant or check. The
warrant or check shall bear the signature of the treasurer and countersignature
of the chairperson.
     (2) At the request of the district, all
funds on deposit with the county treasurer to the credit of the district shall
be paid over by the county treasurer to the district. [Amended by 1961 c.516 §1]
     265.160
Interest on unpaid warrants.
All warrants for payment of any indebtedness of the cemetery maintenance
district which are unpaid for want of funds shall bear interest at a rate to be
fixed by the board of directors, but in no event to exceed six percent per
annum from the date of indorsement “not paid for want of funds.” The aggregate
amount of warrants issued shall not exceed the revenue to be received for the
year in which the indebtedness is incurred.
     265.170 [Repealed by 1971 c.727 §203]
     265.210 [1963 c.389 §1; repealed by 1971 c.727 §203]
     265.220 [1963 c.389 §2; repealed by 1971 c.727 §203]
     265.230 [1963 c.389 §3; repealed by 1971 c.727 §203]
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