Chapter 266 — Chapter 266
61 sections in this chapter.
ORS 266.010 Definitions. As used in this chapter
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(1) “County board” means county court or board of county commissioners of the county. (2) “County” means the county in which the district, or the greater portion of the taxable assessed value of the district, is located. (3) “District” means park and recreation district formed un…
ORS 266.020 [Repealed by 1971 c.647 §149]
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[Repealed or reserved.]
ORS 266.030 [1961 c.587 §4; 1969 c.668 §2; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 266.040 Application of ORS chapter 255 to district. (1) ORS chapter 255 governs the following
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(a) The nomination and election of board members. (b) The conduct of all elections in the district. (2) The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 to 255.205. [1983 c.350 §118]
ORS 266.110 Petition for formation. (1) A community may form a municipal corporation to provide park and recreation facilities for the inhabitants
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(2) In addition to other required matters, the petition for formation shall state the number of members to be on the district board and the method of election of the board of the proposed district from among the methods described in ORS 266.375. [Amended by 1957 c.57 §1; 1961 c.5…
ORS 266.115 [1961 c.587 §3; 1969 c.668 §4; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 266.120 [Amended by 1969 c.668 §5; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 266.130 [Amended by 1969 c.668 §6; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 266.140 [Amended by 1969 c.668 §7; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 266.150 [Repealed by 1971 c.647 §149 and by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 266.160 [Amended by 1969 c.668 §8; repealed by 1971 c.647 §149]
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[Repealed or reserved.]
ORS 266.170 [Amended by 1969 c.668 §9; repealed by 1971 c.647 §149]
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[Repealed or reserved.]
ORS 266.180 [Amended by 1969 c.668 §10; repealed by 1971 c.727 §203]
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DISTRICT BOARD
ORS 266.310 Officers of district; qualifications. (1) The officers of the district shall be a board of three or five members, to be elected by the electors of the district, and a secretary, to be appointed by the board
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(2) Every elector of a district is qualified to be a member of the board or officer of the district. [Amended by 1957 c.57 §2; 1969 c.668 §11; 1983 c.83 §42; 1983 c.350 §113]
ORS 266.320 Number of board members elected at formation election; terms of office. (1) The number of district board members to be elected shall be three or five, according to the number set forth in the petition for formation. The terms of the first board members shall be determined as provided in subsections (2) and (3) of this section
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(2) If a three-member board is to be elected: (a) The candidates receiving the highest and the second highest vote shall be elected to a term expiring June 30 next following the second regular district election. (b) The candidate receiving the third highest vote shall be elected …
ORS 266.325 Changing number of board members; election; notice to Secretary of State. (1) This section establishes the procedure for determining the following questions
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(a) Whether a district having a three-member board shall increase the number of members to five. (b) Whether a district having a five-member board shall decrease the number of members to three. (2) The question of increasing or decreasing the membership of the district board shal…
ORS 266.330 Election of board members; terms. (1) At the regular district election, successors to the board members whose terms expire shall be elected as follows
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(a) In an unzoned district, if one board member is to be elected, the candidate receiving the highest vote shall be elected. If two or three board members are to be elected, the candidates receiving the first and second or first, second and third highest vote shall be elected. (b…
ORS 266.335 Continuing schedule of biennial elections after change in number of board members; powers of Secretary of State. (1) When a district under ORS 266.325 expands the membership of its district board from three to five members or reduces the membership of its board from five to three members, the Secretary of State by rule shall provide for continuing the schedule of biennial elections of board members as follows
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(a) If the board is reduced to three members, at least one member shall be elected at each regular district election. (b) If the board is expanded to five members, at least two members shall be elected at each regular district election. (2) The Secretary of State may adjust and s…
ORS 266.340 Oath of office of board members. A district board member when elected shall take the oath of office within 10 days after receiving the certificate of election. [Amended by 1969 c.345 §6; 1969 c.668 §§14,45]
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[Repealed or reserved.]
ORS 266.350 [Repealed by 1971 c.403 §18]
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[Repealed or reserved.]
ORS 266.360 [Amended by 1957 c.57 §5; 1969 c.668 §15; repealed by 1969 c.668 §46 and by 1969 c.669 §21]
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[Repealed or reserved.]
ORS 266.370 Board as governing power; president and secretary; meetings. (1) The park and recreation board is the governing power of the district and shall exercise all powers of the district
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(2) At its first meeting or as soon thereafter as may be practicable, the board shall choose one of its members as president and shall appoint a secretary who need not be a member of the board. In case of the absence, or inability to act, of the president or secretary, the board …
ORS 266.375 Manner of electing board members. (1) The board members may be elected in one of the following methods or a combination thereof
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(a) Elected by the electors of zones as nearly equal in population as possible according to the latest federal census. (b) Elected at large by position number by the electors of the district. (2) Candidates for election from zones shall be nominated by electors of the zones. Cand…
ORS 266.380 Changing manner of electing board members; requirements; election. (1) This section establishes the procedure for determining whether the method adopted in a district for nominating and electing board members should be changed to another method. The question shall be decided by election. The district board
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(a) May order the election on its own resolution; or (b) Shall order the election when a petition is filed as provided in this section. (2) Except as otherwise provided in this section, the requirements for preparing, circulating and filing a petition under this section shall be …
ORS 266.385 Boundaries of zones for board members; adjustment for population and boundary changes; filing of boundary change with county assessor and Department of Revenue. (1) The board shall adjust zones established within a district as necessary to make them as nearly equal in population as is feasible according to the latest federal census. The board also shall adjust boundaries of zones as necessary to reflect boundary changes of the district
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(2) 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 as provided in ORS 308.225. [1975 c.249 §4; 1983 c.350 §121; 2001 c.138 §10] POWERS AND DUTIES
ORS 266.410 General district powers. Every district shall have power
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(1) To have and use a common seal. (2) To sue and be sued in its name. (3) To construct, reconstruct, alter, enlarge, operate and maintain such lakes, parks, recreation grounds and buildings as, in the judgment of the district board, are necessary or proper, and for this purpose …
ORS 266.420 [Amended by 1963 c.9 §11; 1969 c.668 §17; 1983 c.773 §3; 1991 c.459 §362; repealed by 2023 c.173 §1]
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[Repealed or reserved.]
ORS 266.430 Sinking funds. The park and recreation board, by resolution duly adopted, may establish sinking funds for the purpose of defraying the costs of acquiring land for park and recreation sites, and for acquiring or constructing buildings or facilities thereon or therein. Any such fund may be created through the inclusion annually within the tax budget of the district of items representing the yearly installments to be credited thereto. The amount of these items shall be collected and credited to the proper fund in the same manner in which taxes levied or revenues derived for other purposes for the district are collected and credited. The balances to the credit of the funds need not be taken into consideration or deducted from budget estimates by the levying authority in preparing the annual budget of the district. None of the moneys in such funds shall be diverted or transferred to other funds, but if unexpended balances remain after disbursement of the funds for the purpose for which they were created, such balances, upon approval by resolution of the park and recreation board, shall be transferred to the operation and maintenance fund of the district
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[Repealed or reserved.]
ORS 266.440 Deposit and disbursement of district moneys. (1) Except as otherwise provided by ORS 266.530 to 266.580, the money of the district shall be deposited, in the discretion of the district board, either with the county treasurer of the county, in accordance with subsections (2) to (4) of this section, or in one or more banks or savings and loan associations to be designated by the board. Funds deposited in a bank or savings and loan association shall be withdrawn or paid out only upon proper order and warrant or check signed by the secretary and countersigned by the president of the district board. The board may by resolution designate a secretary pro tempore or a president pro tempore who may sign warrants or checks on behalf of the secretary and president, respectively
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(2) If district funds are deposited with the county treasurer, when the tax collector pays over to the county treasurer moneys collected for a district, the county treasurer shall keep the moneys in the county treasury as follows: (a) The county treasurer shall place and keep in …
ORS 266.450 Regulations and orders adopted by board; penalty for violating regulation. (1) Any general regulation of the district board shall be adopted in accordance with ORS 198.510 to 198.600
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(2) Orders not establishing a general regulation need not be published or posted, unless otherwise provided by this chapter, but shall be entered in the minutes, and the entry shall be signed by the secretary of the board. An ordinary order shall take effect upon the entry in the…
ORS 266.460 District attorney to aid board; special counsel. The district board may call upon the district attorney for advice as to any district business. The district attorney shall give advice when called on therefor by the board. The board may at any time employ special counsel for any purpose. [Amended by 1969 c.668 §20; 1971 c.268 §14]
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[Repealed or reserved.]
ORS 266.470 [Amended by 1969 c.668 §21; 1971 c.268 §15; 1973 c.220 §2; repealed by 2011 c.597 §118]
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[Repealed or reserved.]
ORS 266.480 Power to contract bonded indebtedness for certain purposes. A district has the power to contract a bonded indebtedness for the purpose of providing funds
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(1) To acquire land, rights of way, interests in land, buildings and equipment. (2) To improve land and develop parks and recreation grounds. (3) To construct, reconstruct, improve, repair and furnish buildings, gymnasiums, swimming pools, golf courses, driving ranges, boat marin…
ORS 266.490 Bond election at discretion of board or on petition. (1) For the purpose of providing funds with which to put into effect one or any combination of any of the purposes authorized under ORS 266.480, the district board, when authorized by a majority of those voting at an election called for that purpose, may borrow money and sell and dispose of general obligation bonds
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(2) The district board: (a) May order an election under this section on its own resolution; or (b) Shall order an election under this section when a petition is filed as provided in this section. (3) A petition shall specify a dollar amount for carrying out any one or more of the…
ORS 266.500 [Amended by 1969 c.668 §24; repealed by 1971 c.647 §149]
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[Repealed or reserved.]
ORS 266.510 [Amended by 1963 c.9 §12; repealed by 1969 c.668 §25 (266.512 enacted in lieu of 266.510 and 266.520)]
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[Repealed or reserved.]
ORS 266.512 Authority for general obligation bonds; issuance and sale of general obligation bonds and revenue bonds. (1) Whenever authorized by the electors, the district board may issue general obligation bonds of the district, not exceeding the principal amount stated in the notice of election and for the purpose therein named
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(2) The aggregate amount of general obligation bonds issued and outstanding at any one time shall in no case exceed two and one-half percent of the real market value of all taxable property of the district, computed in accordance with ORS 308.207. (3) General obligation or revenu…
ORS 266.514 Revenue bonds; issuance; conditions. In addition to the authority to issue general obligation bonds, a district, when authorized by a majority of those voting at an election called for that purpose, may sell and dispose of revenue bonds, and pledge as security therefor all or any part of the unobligated net revenue of the district or a recreational facility of the district, to purchase, acquire, construct, reconstruct or improve a facility, or to perform any of those acts in combination, for any authorized purpose. Revenue bonds shall be issued in the same manner and form as are general obligation bonds of the district, but they shall be payable, both as to principal and interest, from revenues only. Revenue bonds shall not be subject to the limitation provided by ORS 266.512 applicable to general obligation bonds and shall not be a lien upon any of the taxable property within the limits of the district. Revenue bonds shall be payable solely from such part of the revenue of the district as remains after payment of obligations having a priority and of all expenses of operation and maintenance of the district, including any taxes levied against it. All revenue bonds shall contain a clause reciting that both the principal and interest are payable solely from operating revenues of the district remaining after paying such obligations and expenses. [1969 c.668 §26a]
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[Repealed or reserved.]
ORS 266.516 Refunding bonds. Refunding bonds of the same character and tenor as those replaced thereby may be issued pursuant to a resolution duly adopted by the district board without submitting to the electors the question of authorizing the issuance of such bonds. [1969 c.668 §26b]
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[Repealed or reserved.]
ORS 266.518 Contracting with United States for facilities. (1) In carrying out the powers conferred by this chapter, a district may contract with the United States or any agency thereof for the acquisition, construction, reconstruction, maintenance and operation, or any of them, of park and recreation facilities
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(2) Contract provisions for repayment of any loan from the United States, and the bonds securing the payment of the same, if any are issued, may be of such denomination, for such term not exceeding 50 years and may call for the payment of such interest not exceeding seven percent…
ORS 266.520 [Repealed by 1969 c.668 §25 (266.512 enacted in lieu of 266.510 and 266.520)]
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[Repealed or reserved.]
ORS 266.530 Registration and delivery of bonds; disposition of proceeds. (1) The county treasurer shall register each bond issued pursuant to ORS 266.480 in a book kept for that purpose in the office of the county treasurer, noting the district, amount, date, time and place of payment, rate of interest and such other facts as may be deemed proper
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(2) The county treasurer shall cause the bonds to be delivered promptly to the purchasers upon payment therefor, and shall hold the proceeds of the sale of the bonds subject to the order of the district board to be used solely for the purpose for which the bonds were issued. (3) …
ORS 266.540 [Amended by 1969 c.668 §28; repealed by 2023 c.173 §1]
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[Repealed or reserved.]
ORS 266.550 [Amended by 1969 c.668 §29; repealed by 2023 c.173 §1]
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[Repealed or reserved.]
ORS 266.560 Redemption of bonds; notice. (1) Whenever the amount of any sinking fund created under ORS 266.430 equals the amount, principal and interest, of any bond then due or subject under the pleasure or option of the district to be paid or redeemed, the county treasurer of the county in which the district is located shall notify the holder of the bond and shall publish a notice in the newspaper published nearest to the district
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(2) The county treasurer shall, within 30 days from the date of the notice, redeem and pay any bond then redeemable and payable, giving priority according to the date of issuance numerically, upon presentation of the bond at the place of payment specified therein. (3) In case any…
ORS 266.570 [Repealed by 1969 c.668 §47]
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[Repealed or reserved.]
ORS 266.580 Payment of bond principal and interest; payment of collection commission. (1) The principal of and the interest on the bonds shall be payable in lawful money of the United States of America at the office of the treasurer of the county or at the fiscal agency of the State of Oregon in the city of New York, at the option of the purchaser thereof
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(2) The county treasurer must cause to be paid out of any money in the hands of the county treasurer belonging to the district the interest on or principal of any bond issued pursuant to ORS 266.480 promptly when and as the same becomes due at the place of payment designated in t…
ORS 266.590 Validation of certain bond issues. All proceedings taken prior to March 18, 1949, in the authorization and issuance of bonds by any district pursuant to ORS 266.480 to 266.512 and 266.530 to 266.580 hereby are validated, ratified, confirmed and approved, notwithstanding any defects and irregularities in the proceedings or any part thereof, and notwithstanding that the amount of the bonded indebtedness to be incurred was not stated upon the ballot used in the election authorizing the issuance of the bonds. [Amended by 1969 c.668 §32]
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[Repealed or reserved.]
ORS 266.610 [1967 c.574 §3; 1969 c.668 §33; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 266.620 [1967 c.574 §4; 1969 c.668 §34; repealed by 1971 c.727 §203]
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[Repealed or reserved.]