Oregon Statutes - Chapter 198 - Special Districts Generally

• 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 people’s utility district organized under ORS...
• 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...
• 198.120   [1969 c.344 §2; repealed by 1975 c.771 §33]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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 198.330   [Formerly 198.110; repealed by 2005 c.22 §147]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....
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 198.760   Requirements for signers of petition; signer’s withdrawal prohibited; chief petitioners designated.
  (1) Each person signing a petition may also print the person’s name on the petition and shall add after the signature the date of signing....
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 198.792   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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 198.813   Formation of county service district for water management services in Washington County; dissolution of existing districts.
  (1) Notwithstanding ORS 198.810 (3), an order of the county board that approves a petition for formation of a county service district within Washington County...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 198.920   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)...
• 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,...
• 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...
• 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...
• 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   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...
• 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...
• 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,...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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:...
• 198.990   [1969 c.344 §3; 1971 c.743 §344; repealed by 1983 c.740 §55]

Last modified: August 7, 2008