15 chapters · 966 sections in this title.
ORS 198.010 District defined for chapter
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As used in this chapter, except as otherwise specifically provided, district means any one of the following: (1) A peoples utility district organized under ORS chapter 261. (2) A domestic water supply district organized under ORS chapter 264. (3) A cemetery maintenance distric…
ORS 198.115 Barring district employees from membership on governing board
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(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). (2) A district, by an ordinance or resolution that takes effect at least one year prior to the date of the regular district election, may provide that any indi…
ORS 198.180 District defined for ORS 198.190
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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: (1) A county service district organized under ORS chapter 451. (2) A …
ORS 198.190 Compensation and expenses of governing body members
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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 reimb…
ORS 198.210 District defined for ORS 198.220
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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 …
ORS 198.220 Bond or letter of credit for member of district governing body
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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 …
ORS 198.310 District defined for ORS 198.320
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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…
ORS 198.320 Filling of vacancies on governing bodies of certain districts
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(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…
ORS 198.335 Definitions for ORS 198.335 to 198.365
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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)…
ORS 198.340 Designation of registered office and agent
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(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…
ORS 198.345 Effect of failure to file certain reports
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(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…
ORS 198.350 Financial statement
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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…
ORS 198.355 Hearing on dissolution; notice
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(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…
ORS 198.360 Continuation or termination of district; proceedings for county service district
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(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…
ORS 198.365 County board as trustees for inactive district; distribution of assets; levy of tax to meet debts; delivery of records
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(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…
ORS 198.410 Definition for ORS 198.425 and 198.430
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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 198.425 Recall of district officers generally
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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]
ORS 198.430 Recall of officers of districts other than districts defined in ORS 255.012
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(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…
ORS 198.440 Statement of justification from affected officer
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(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 officers course in office. The statement must be filed not later than t…
ORS 198.510 Definitions for ORS 198.510 to 198.600
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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 …
ORS 198.530 Procedure for adopting, amending or repealing ordinances or regulations
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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…
ORS 198.540 Notice prior to adoption of ordinance affecting regulation
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(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…
ORS 198.550 Publication of ordinance; emergency ordinance procedure
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(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)…
ORS 198.560 Filing of ordinance; notice of adoption of emergency ordinance
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(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…
ORS 198.570 When ordinances take effect
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(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…
ORS 198.590 Petition to adopt, amend or repeal ordinance
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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…
ORS 198.600 Penalty for violation of regulations; jurisdiction; enforcement
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(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, …
ORS 198.605 Local service districts
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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…
ORS 198.608 Unfunded PERS liability or surplus upon split, consolidation or merger of districts
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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 …
ORS 198.611 Power of district to contract for purchase or lease of real or personal property
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(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…
ORS 198.705 Definitions for ORS 198.705 to 198.955
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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…
ORS 198.715 Short title; procedure for formation or change of organization
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(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…
ORS 198.720 Boundaries; filing boundary change with county assessor and Department of Revenue
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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…
ORS 198.725 Procedure when two counties affected
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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…
ORS 198.727 Merger or consolidation; procedure when city joined to merged or consolidated districts
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(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…
ORS 198.730 Notice
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(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…
ORS 198.735 Right of interested person to appear; written statements
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(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…
ORS 198.740 Election procedure governed by law under which district operates; omission governed by district or general election law
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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…
ORS 198.745 Content of resolution calling election
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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…
ORS 198.747 Effective date of boundary change; filing boundary change with county assessor and Department of Revenue
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(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…
ORS 198.748 Prospective petition for formation; filing; content
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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…
ORS 198.749 Economic feasibility statement for district formation
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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…
ORS 198.750 Content of petition proposing formation or change of organization
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(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…
ORS 198.755 Number of signatures required
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(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…
ORS 198.760 Requirements for signers of petition; signers withdrawal prohibited; chief petitioners designated
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(1) Each person signing a petition may also print the persons 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 persons place of residence, giving street an…
ORS 198.765 Requirements for filing petition; validity and certification of signatures
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(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…
ORS 198.770 Method of determining validity of landowner signatures
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(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…
ORS 198.775 Security deposit to accompany petition; payment of costs from security deposit; payment of costs by county or district
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(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…
ORS 198.780 Filing of duplicates of certain documents
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(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 …
ORS 198.782 Documents to be filed with Secretary of State before business transacted
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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…