Title 19, Miscellaneous Matters Related to Government and Public Affairs

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: (1) A corporation for irrigation, drainage, water supply or flood control organized under ORS chapter 554. (2) A soil and …

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 …

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.7…

(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 vaca…

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), (7) to (24) and (27); and (b)…

(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…

(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 po…

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 elec…

(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 m…

(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…

(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 r…

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]

ORS 249.865 to 249.877 apply to the recall of a district officer of: (1) A district defined in ORS 255.012; or (2) Except as provided in ORS 545.189, an irrigation district organized under ORS chapter 545. [1981 c.173 §5; 2017 c.525 §1]

(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 su…

(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 t…

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 …

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 o…

(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…

(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)…

(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…

(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 b…

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…

(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. (2) Actions to impose punishment shall be brought in the name of the district or county, as the case may be, …

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 Orego…

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 …

(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 subsecti…

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…

(1) ORS 198.705 to 198.955 may be cited as the District Boundary Procedure Act. (2)(a) Except as otherwise provided by paragraph (b) of this subsection and ORS 199.410 to 199.519, all district formation or change of organization proceedings shall be initiated, conducted and compl…

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 peti…

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, tak…

(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…

(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 s…

(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 stateme…

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 principa…

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…

(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 an…

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 in…

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 permanen…

(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 pri…

(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 i…

(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. If a person is signing the petition as an elector, the person shall add after the signature the person’s place of residence, giving street an…

(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…

(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 evidenc…

(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, n…

(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 …

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 corpo…