Oregon Statutes - Chapter 371 - Road Districts and Road Assessment Plans

• 371.005   “County court” defined.
  As used in this chapter, unless the context requires otherwise, “county court” includes board of county commissioners. COUNTY ROAD DISTRICTS
• 371.055   Establishment of road districts.
  For the purpose of improving county roads, as defined in ORS 368.001, or public roads within the boundaries of a city or drainage district, numbered...
• 371.060   Drainage districts and cities as separate road districts.
  Every drainage district consisting of 5,000 acres or more, and every city, shall constitute a separate road district. The county court shall not divide such...
• 371.065   Construction, maintenance and repair in drainage road district; tax levy.
  Any construction, maintenance and repairs on roads within the boundaries of a drainage road district shall be only on such public roads, as defined in...
• 371.067   Construction, maintenance and repair in city road district.
  Any construction, maintenance and repairs on roads within the boundaries of a city that constitutes an entire and separate road district under ORS 371.060 shall...
• 371.070   Islands as separate road districts.
  Any island or part thereof exceeding in area 12 square miles and located in any one county hereby is constituted a separate and distinct road...
• 371.075   Petition for road improvement or grade change; investigation and report; granting petition.
  Upon the petition of 12 or a majority of the resident freeholders of any road district, approved by the roadmaster, praying for a change in...
• 371.080   [Repealed by 1989 c.593 §5]
• 371.085   [Amended by 1953 c.480 §3; repealed by 1989 c.593 §5]
• 371.090   [Amended by 1971 c.647 §64; 1983 c.350 §238; repealed by 1989 c.593 §5]
• 371.095   [Amended by 1953 c.480 §3; 1963 c.9 §19; 1971 c.647 §65; repealed by 1987 c.667 §8]
• 371.097   Levy of taxes; application of Local Budget Law.
  (1) A road district may assess, levy and collect each year an ad valorem tax on all taxable property within the road district. (2) Ad...
• 371.100   [Amended by 1953 c.480 §3; 1957 c.70 §1; 1967 c.609 §7; 1971 c.647 §66; 1983 c.350 §239; repealed by 1987 c.667 §8]
• 371.105   Tax as special fund; use of fund.
  (1) All tax moneys levied and collected by the road district shall be credited and kept as a special fund by the county treasurer to...
• 371.107   [1985 c.307 §2; 1987 c.667 §4; repealed by 1997 c.541 §389]
• 371.110   Effect of change of district boundaries on road tax levy; filing boundary change with county assessor and Department of Revenue.
  (1) If the boundaries of any road district are changed after the levy of any road tax in or for such road district and before...
• 371.205   [Repealed by 1969 c.50 §1]
• 371.210   [Repealed by 1969 c.50 §1]
• 371.215   [Repealed by 1969 c.50 §1]
• 371.220   [Repealed by 1969 c.50 §1]
• 371.225   [Repealed by 1969 c.50 §1]
• 371.230   [Repealed by 1969 c.50 §1]
• 371.235   [Repealed by 1969 c.50 §1]
• 371.240   [Repealed by 1969 c.50 §1]
• 371.305   Authority to establish special road districts.
  Contiguous territory lying within any county and not incorporated within the limits of a city may be formed into, or included in, a special road...
• 371.310   [Amended by 1965 c.498 §5; 1969 c.568 §1; repealed by 1971 c.727 §203]
• 371.315   [Repealed by 1971 c.727 §203]
• 371.318   Formation order to declare whether district board elected or appointed; change in method of selecting board; cost of election.
  (1) If a county court approves a petition for formation of a special road district, the order of the county court declaring the formation shall...
• 371.320   [Repealed by 1971 c.727 §203]
• 371.323   Election of first commissioners.
  If a proposal for formation of a special road district is approved and the proposal specifies an elected district board of commissioners, members of the...
• 371.325   [Repealed by 1971 c.727 §203]
• 371.330   Appointment of first commissioners.
  If a proposal for formation of a district is approved and the proposal specifies an appointed district board of commissioners, the county court shall appoint...
• 371.335   [Repealed by 1971 c.727 §203]
• 371.336   Powers of district.
  A special road district may be formed for the purpose of improving roads within the district. A special road district has the power: (1) To...
• 371.338   District board of appointed commissioners; qualification; term; vacancies; oath.
  (1) The powers of a special road district are vested in a district board of commissioners consisting of three commissioners appointed by the county court....
• 371.340   [Repealed by 1961 c.681 §14]
• 371.342   Officers of appointed district board; meetings; records.
  As soon as possible after the first commissioners are appointed to the district board of commissioners, and thereafter during each January, the board shall meet...
• 371.344   [1961 c.681 §9; 1963 c.9 §21; 1965 c.498 §8; 1973 c.796 §59; 1983 c.83 §82; 1983 c.350 §241; 1997 c.541 §384; repealed by 1999 c.632 §30]
• 371.345   [Amended by 1959 c.102 §1; 1961 c.681 §10; 1967 c.609 §8; 1971 c.647 §67; 1975 c.647 §32; repealed by 1983 c.350 §331a]
• 371.347   Alternative provisions for elected board of commissioners.
  When a special road district has an elected district board of commissioners, ORS 371.349 and 371.351 are effective in that district in lieu of ORS...
• 371.349   District board of elected commissioners; qualification; term; vacancies; oath.
  (1) The powers of a special road district are vested in a district board of commissioners consisting of three commissioners elected by the electors of...
• 371.350   [Amended by 1961 c.681 §11; 1971 c.647 §68; repealed by 1983 c.350 §331a]
• 371.351   Officers of elected district board; meetings; records.
  As soon as possible after the first commissioners are elected to the district board of commissioners, and thereafter during each July, the board shall meet...
• 371.353   Establishment of zones within special road district.
  The district board of a special road district located in a county of between 3,000 and 3,500 square miles and with a population of between...
• 371.354   Notice and public hearing.
  (1) The district board of a special road district seeking to establish tax zones under ORS 371.353 to 371.357 shall cause a notice of a...
• 371.355   [Amended by 1961 c.681 §12; repealed by 1971 c.647 §149]
• 371.356   Election to approve zones within special road district.
  (1) Following the notice required under ORS 371.354, the district board of a special road district seeking to establish tax zones shall conduct a public...
• 371.357   Ad valorem taxation; operating tax rate limits.
  (1) If a special road district is divided into tax zones under ORS 371.353 to 371.357, the district board shall determine, make and declare each...
• 371.359   Filing boundary change with county assessor and Department of Revenue.
  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...
• 371.360   Deposit of tax proceeds in bank.
  (1) The proceeds of the tax levied and collected for the district shall be deposited in a bank or banks designated by the district board...
• 371.365   [Repealed by 1961 c.681 §14]
• 371.370   [Repealed by 1961 c.681 §14]
• 371.375   [1965 c.498 §2; repealed by 1971 c.727 §203]
• 371.380   [1965 c.498 §3; repealed by 1971 c.727 §203]
• 371.385   Certain tax limitations not in effect after August 22, 1969.
  If any district existing on August 22, 1969, had a tax limitation set forth in the petition for formation as provided by ORS 371.310, prior...
• 371.405   Definitions for ORS 371.405 to 371.535.
  As used in ORS 371.405 to 371.535: (1) “County court” includes the board of county commissioners sitting for the transaction of general county business. (2)...
• 371.410   Formation of road assessment district in counties with 19,000 to 25,000 population; effect of population increase.
  (1) A road assessment district may be formed in any county having a population of 19,000 and not more than 25,000, as shown by the...
• 371.415   [Repealed by 1971 c.727 §203]
• 371.416   Election procedure; initiative and referendum.
  (1) ORS chapter 255 governs the following: (a) The nomination and election of directors, except as provided in ORS 371.455. (b) The conduct of district...
• 371.420   [Repealed by 1971 c.727 §203]
• 371.425   [Repealed by 1971 c.647 §149 and 1971 c.727 §203]
• 371.430   [Repealed by 1971 c.727 §203]
• 371.435   [Repealed by 1971 c.647 §149]
• 371.440   [Repealed by 1971 c.727 §191]
• 371.445   [Repealed by 1971 c.727 §203]
• 371.450   Election of district directors; terms; oath; qualifications; vacancies.
  (1) Except as provided in subsection (2) of this section, the term of director is four years. (2) The three directors elected as the first...
• 371.455   Nominees declared elected if number equals positions to be filled.
  After expiration of the time for filing nominations for a regular district election, if the board of directors determines that the number of candidates nominated...
• 371.460   [Amended by 1963 c.364 §2; repealed by 1971 c.647 §149]
• 371.465   [Repealed by 1971 c.647 §149]
• 371.467   Special elections.
  Special elections may be called by resolution of the board of directors for any proper purpose. [1963 c.364 §1; 1971 c.647 §75]
• 371.470   Selection of board of directors’ president and secretary; record of proceedings; meetings.
  (1) Within the first 10 days of July in each year next following their election, excepting the year immediately after the election upon organization, the...
• 371.472   [1963 c.364 §4; repealed by 1969 c.345 §20]
• 371.475   General powers of board of directors.
  The board of directors has the following powers and authority, which are not exclusive but are a general outline of powers to be construed liberally:...
• 371.480   Contracts as to streets in cities.
  The board of directors may contract with any city within or adjacent to the district for the repair, improvement and reconstruction of streets or...
• 371.485   Authority of district over roads and highways.
  A road assessment district has authority over all roads and highways within the district, except state primary and secondary highways, and streets, alleys or public...
• 371.490   [Repealed by 1969 c.344 §8]
• 371.495   Declaration of legislative intent.
  It is the intent of the legislature that the districts authorized by ORS 371.405 to 371.535 shall be special assessment districts and all taxable properties...
• 371.500   Computing money to be raised by assessment; apportionment; assessment limited; tax not to interfere with others.
  (1) The board of directors, in each fiscal year, shall make a computation of the total amount of money to be raised by the district...
• 371.505   Copy of assessment resolution to county assessor; duty of assessor; collection and accounting; separate fund.
  (1) The secretary of the board of directors shall, after the apportionment of the assessment, certify a copy of the resolution levying and apportioning the...
• 371.510   County assessor to furnish certificate of assessed valuation.
  The county assessor, upon request of the board of directors, shall furnish from time to time a certificate showing the total assessed valuation, according to...
• 371.512   Filing boundary change with county assessor and Department of Revenue.
  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...
• 371.515   District to pay county for expenses; proceedings on default.
  The district shall pay the county for all the actual expenses and salary of the county engineer while the county engineer is engaged in work...
• 371.520   District excluded from other districts; certain unexpended funds credited to district; city within district may make levies.
  (1) Upon the organization of a road assessment district the entire area thereof shall be excluded by such organization from any existing road district theretofore...
• 371.525   [Repealed by 1971 c.727 §203]
• 371.530   Exclusion of land area from district.
  A petition for exclusion of land from a district shall be approved only if the exclusion of the land does not reduce the remaining area...
• 371.535   Disposition of funds of dissolved district.
  If a district is dissolved, all funds then on hand or proceeds of assessments theretofore levied shall be held by the county court for the...
• 371.540   [1965 c.347 §2; repealed by 1971 c.727 §203]
• 371.545   [1965 c.347 §3; repealed by 1971 c.727 §203]
• 371.550   [1965 c.347 §4; repealed by 1971 c.727 §203]
• 371.555   [1965 c.347 §5; repealed by 1971 c.727 §203]
• 371.605   Definitions for ORS 371.605 to 371.660.
  As used in ORS 371.605 to 371.660, unless the context requires otherwise: (1) “Owner” means a vendee under a recorded land contract or if there...
• 371.610   Application of ORS 371.605 to 371.660; authority of county to supersede statutes.
  (1) ORS 371.605 to 371.660 do not apply to any state highway. (2) The county governing body may designate any public road improved under ORS...
• 371.615   Petition or resolution for improvement of roads in unincorporated areas.
  Proceedings to cause any improvement to be made or constructed in an unincorporated area may be initiated by the county governing body by resolution or...
• 371.620   Signers of petition and objection in event of cotenancies.
  In case of tenants by the entireties, joint tenants or tenants in common the parcel of land is considered as having one owner, which owner...
• 371.625   Investigation and estimation of cost of improvement by engineer.
  When the resolution is adopted or the petition is filed with it, the county court shall refer the resolution or petition to the engineer, who...
• 371.630   Notice to owner of engineer’s report; filing objections.
  (1) If the engineer makes a favorable report on the proposed improvement, the county court shall mail to the owner of each parcel of land...
• 371.635   Court order for improvement; recording; vacation of order and removal of lien.
  (1) If the number of objections mentioned in ORS 371.630 is not received, the county court may, by order describing the land to be assessed,...
• 371.640   Engineer to compile improvement cost; source of payment; reimbursement of source; additional work.
  (1) After the improvement has been made, inspected by the engineer and accepted by the county court, the engineer shall compile the total cost of...
• 371.642   Allocation of costs of sidewalk or curb construction and other improvements.
  Notwithstanding any provision to the contrary in ORS 371.605 to 371.660, the cost of construction of sidewalks under those sections shall be assessed in proportion...
• 371.645   Engineer to ascertain assessment; hearing on objections; court order.
  (1) The engineer shall ascertain the amount of the assessment against each parcel of land assessed for the improvement and report the same to the...
• 371.650   Certification of assessment; recording order; lien.
  (1) The county court shall certify a list and description of the ownership, stating the amount of assessment against each individual parcel of land, and...
• 371.655   When assessment due, payable and delinquent; application of other statutes.
  (1) Except as provided in subsection (2) of this section, 30 days after the assessment is certified, the entire amount against each parcel of land...
• 371.660   Delinquent list; execution and sale.
  (1) One year from the date an assessment for improvements under ORS 371.605 to 371.660 is delinquent, or, in case the assessment has been spread...

Last modified: August 7, 2008