Chapter 198 — Chapter 198

ORS 198.010 “District” defined for chapter. As used in this chapter, except as otherwise specifically provided, “district” means any one of the following

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ORS 198.110 [1969 c.344 §1; 1971 c.23 §3; 1983 c.740 §52; renumbered 198.330 in 1995]

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ORS 198.115 Barring district employees from membership on governing board. (1) As used in this section, “district” has the meaning given that term in ORS 198.010 (1) to (5), (7) to (24) and (27)

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ORS 198.120 [1969 c.344 §2; repealed by 1975 c.771 §33]

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ORS 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

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ORS 198.190 Compensation and expenses of governing body members. 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]

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ORS 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), (7) to (24) and (27), “district” means any one of the following

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ORS 198.220 Bond or letter of credit for member of district governing body. 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]

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ORS 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), (7) to (24) and (26) to (28), “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; 2009 c.584 §21; 2015 c.560 §10; 2019 c.621 §29]

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ORS 198.320 Filling of vacancies on governing bodies 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

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ORS 198.330 [Formerly 198.110; repealed by 2005 c.22 §147]

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ORS 198.335 Definitions for ORS 198.335 to 198.365. As used in ORS 198.335 to 198.365, unless the context requires otherwise

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ORS 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

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ORS 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 294.458 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

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ORS 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

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ORS 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

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ORS 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 294.458 and 297.405 to 297.555 are properly filed. When the county board finds that the reports have been filed, it may

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ORS 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

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ORS 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]

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ORS 198.420 [1969 c.325 §2; repealed by 1971 c.23 §12]

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ORS 198.425 Recall of district officers generally. ORS 249.865 to 249.877 apply to the recall of a district officer of

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ORS 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 members of the board of directors of the irrigation district who are not subject to the recall petition

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ORS 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 officer’s course in office. The statement must be filed not later than the fifth day after the recall petition is filed

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ORS 198.510 Definitions for ORS 198.510 to 198.600. As used in ORS 198.510 to 198.600, unless the context requires otherwise

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ORS 198.520 [1971 c.268 §1; 1975 c.782 §48b; 1977 c.756 §3; 1981 c.226 §20; repealed by 2007 c.179 §9]

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ORS 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]

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 198.580 [1971 c.268 §8; repealed by 1979 c.190 §431]

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ORS 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]

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ORS 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 a Class C misdemeanor

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ORS 198.605 Local service districts. Local service districts, as defined by ORS 174.116, are municipal corporations. [2003 c.802 §1a]

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ORS 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 238.235. [2003 c.802 §162; 2005 c.808 §22]

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ORS 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

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ORS 198.705 Definitions for ORS 198.705 to 198.955. As used in ORS 198.705 to 198.955, unless the context requires otherwise

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ORS 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]

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ORS 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

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ORS 198.720 Boundaries; filing boundary change with county assessor and Department of Revenue. Except as otherwise specifically provided by the principal Act

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ORS 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]

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 198.745 Content of resolution calling election. A resolution or order calling an election on a proposed formation or change of organization shall

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ORS 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

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ORS 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]

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ORS 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

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ORS 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

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