Chapter 357 — Chapter 357
156 sections in this chapter.
ORS 357.246 Change in method of electing board members. (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 described in ORS 357.241. 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ORS 357.250 [Repealed by 1975 c.476 §34 and 1975 c.614 §9a]
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[Repealed or reserved.]
ORS 357.251 Zone boundaries. The board shall adjust the boundaries of 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 district board also shall adjust boundaries of zones as necessary to reflect boundary changes of the district. [1981 c.226 §8; 1983 c.350 §222]
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[Repealed or reserved.]
ORS 357.253 Boundary change to be filed 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 as provided in ORS 308.225. [2001 c.138 §18]
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[Repealed or reserved.]
ORS 357.256 Board as district governing body; selection of president. (1) The district board shall be the governing body of the district and shall exercise all powers thereof
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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. [1981 c.226 §9]
ORS 357.260 [Repealed by 1975 c.476 §34]
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[Repealed or reserved.]
ORS 357.261 District powers. A library district has the power
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(1) To have and use a common seal. (2) To sue and be sued in its name. (3) To make and accept any and all contracts, deeds, leases, releases and documents of any kind which, in the judgment of the board, are necessary or proper to the exercise of any power of the district, and to…
ORS 357.266 [1981 c.226 §11; 1991 c.459 §387; repealed by 2023 c.173 §1]
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[Repealed or reserved.]
ORS 357.270 [Amended by 1975 c.476 §14; renumbered 357.195]
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[Repealed or reserved.]
ORS 357.271 Sinking funds for acquisition of facilities; limitation on use of funds. The board, by resolution duly adopted, may establish sinking funds for the purpose of defraying the costs of acquiring land for library sites, and for acquiring or constructing buildings or facilities. A sinking fund may be created through the inclusion annually within the tax budget of the district of items representing the yearly installments to be credited to the fund. 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 sinking 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 board, shall be transferred to the operation and maintenance fund of the district. [1981 c.226 §12]
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[Repealed or reserved.]
ORS 357.276 Deposit and disbursement of district funds. (1) 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 357.280 [Repealed by 1953 c.300 §5]
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[Repealed or reserved.]
ORS 357.281 Legal assistance. The district board may call upon the district attorney for the 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. [1981 c.226 §14]
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[Repealed or reserved.]
ORS 357.286 Retirement system for employees. A district may establish an employees’ retirement system as provided for rural fire protection districts under ORS 478.355 to 478.370. [1981 c.226 §15]
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[Repealed or reserved.]
ORS 357.290 [1965 c.378 §§1,2,3; repealed by 1975 c.476 §34]
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INTERSTATE LIBRARY COMPACT
ORS 357.330 Definitions for ORS 357.330 to 357.370. As used in ORS 357.330 to 357.370, except where the context otherwise requires
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(1) “Compact” means the Interstate Library Compact. (2) “Public library agency”, with reference to this state, means the State Library or any local government unit authorized by ORS 357.410 to establish a public library, or any public library board. [1965 c.354 §1; 1975 c.476 §32…
ORS 357.340 Interstate Library Compact. The Interstate Library Compact hereby is enacted into law and entered into by this state with all states legally joining therein in the form substantially as follows
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______________________________________________________________________________ ARTICLE I POLICY AND PURPOSE Because the desire for the services provided by libraries transcends governmental boundaries and can most effectively be satisfied by giving such services to communities an…
ORS 357.350 Library compact administrator; deputy; library agreements to be submitted to State Librarian. The State Librarian shall be the compact administrator pursuant to Article X of the Interstate Library Compact. The State Librarian shall appoint one or more deputy compact administrators. Every library agreement made pursuant to Article VI of the compact shall, as a condition precedent to its entry into force, be submitted to the State Librarian for recommendations. [1965 c.354 §3]
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[Repealed or reserved.]
ORS 357.360 Compliance with laws on taxes and bonds required. No unit of local government or public library board shall be a party to a library agreement which provides for the construction or maintenance of a library pursuant to Article III, subdivision (c-7) of the Interstate Library Compact, nor levy a tax or issue bonds to contribute to the construction or maintenance of such a library, except after compliance with any laws applicable to public libraries relating to or governing the levying of taxes or the issuance of bonds. [1965 c.354 §4; 1975 c.476 §33]
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[Repealed or reserved.]
ORS 357.370 Duty of compact administrator upon withdrawal from compact. In the event of withdrawal from the Interstate Library Compact the compact administrator shall send and receive any notices required by Article XI (b) of the compact. [1965 c.354 §5]
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PUBLIC LIBRARIES
ORS 357.400 Definitions for ORS 357.400 to 357.621. As used in ORS 357.400 to 357.621
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(1) “Governing body” means the board, commission, council or other body which governs the local government unit. (2) “Local government unit” means any city, county, library service district established under ORS chapter 451, school district, community college district or a librar…
ORS 357.405 Minimum conditions for public libraries. (1) The State Library Board shall establish minimum conditions that a public library must meet
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(2) The conditions established under this section must, at least: (a) Include financial support from public funds and regularly scheduled open hours; and (b) Provide reasonable exemptions to libraries with service populations of 2,000 or fewer residents of the local government un…
ORS 357.410 Authority of local government units for public libraries. Any local government unit may
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(1) Establish, equip and maintain a public library. (2) Contract with an established public library or with a private society or corporation owning and controlling a secular or nonsectarian library for the purpose of providing free use of the library for the residents of the loca…
ORS 357.415 [1955 c.432 §3; repealed by 1975 c.476 §34]
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[Repealed or reserved.]
ORS 357.417 Methods of establishing public library by local government unit. (1) A public library may be established by a local government unit by any of the following ways
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(a) The governing body may pass and enter upon its minutes a resolution or ordinance to the effect that a public library is established under the provisions of ORS 357.400 to 357.621. (b) When a petition requesting an election on the question of establishing and supporting a publ…
ORS 357.420 [Amended by 1955 c.432 §6; repealed by 1975 c.476 §34]
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[Repealed or reserved.]
ORS 357.430 Methods of financing public library by local government unit. If a governing body acts under ORS 357.417 (1)(a) or (c), its order shall state the manner in which the local government unit proposes to finance the library, including the estimated amount of any annual tax levy necessary to provide for the library. If the governing body determines that financing may be had only through a local option tax to be submitted to the electors pursuant to ORS 357.525, the order shall so state. The notice, time and manner of election shall be governed by the applicable provisions of ORS chapters 250 and 255. [Amended by 1955 c.432 §7; 1961 c.251 §9; 1975 c.476 §19; 1983 c.350 §225; 1999 c.21 §69]
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[Repealed or reserved.]
ORS 357.435 Local government required to file plan with State Library. Any local government unit acting under ORS 357.417 shall notify in writing the State Library of its plan for establishing a public library. The State Library shall respond in writing within 30 days, commenting on the plan for establishing the library and on its relationship to the long-range plans for the statewide development and coordination of library services. The State Library’s advice or comment is not binding upon the local government unit, and if no such advice or comment is received within 30 days of the request, the local government unit may act without further delay. [Formerly 357.640]
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[Repealed or reserved.]
ORS 357.440 [Repealed by 1975 c.476 §34]
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[Repealed or reserved.]
ORS 357.445 [Amended by 1955 c.432 §8; repealed by 1975 c.476 §34]
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[Repealed or reserved.]
ORS 357.450 [Repealed by 1961 c.251 §10 (357.451 enacted in lieu of 357.450)]
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[Repealed or reserved.]
ORS 357.451 [1961 c.251 §11 (enacted in lieu of 357.450); 1975 c.112 §2; 1975 c.476 §18; renumbered 357.417]
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[Repealed or reserved.]
ORS 357.455 [1961 c.251 §14; 1975 c.112 §3; 1975 c.476 §26; renumbered 357.525]
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[Repealed or reserved.]
ORS 357.460 Financial interest of public library board and appointive body; compensation. (1) No member of any public library board or the body appointing such board shall have any financial interest, either directly or indirectly, in any contract to which the library is a party, nor shall receive a salary or any payment for material or for services rendered the board
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(2) Board members may be reimbursed for expenses incurred in the performance of their duties. [Amended by 1975 c.112 §4; 1975 c.476 §22]
ORS 357.465 Public library board. (1) Each public library established under ORS 357.417 shall be governed by a library board unless some other method is specified in the charter, ordinance or resolution establishing the library
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(2) Upon resolution, ordinance or election pursuant to ORS 357.417, the governing body may appoint a library board. The library board of a city, county or county service district, as determined by the governing body, shall consist of not less than five members nor more than 15 me…
ORS 357.470 Board organization; name of library. After appointment, the public library board shall meet and organize by the election of a chairperson from among its members. The librarian shall serve as secretary to the board and keep the record of its actions. [Amended by 1955 c.432 §9; 1975 c.112 §5; 1975 c.476 §23]
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[Repealed or reserved.]
ORS 357.480 [Amended by 1955 c.432 §10; 1975 c.112 §6; repealed by 1975 c.476 §34]
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[Repealed or reserved.]
ORS 357.490 Library board general powers. In the ordinance or resolution establishing the library, the governing body shall determine the library board’s responsibility for
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(1) Appointment of the librarian and staff, fixing their compensation, determining their working conditions and prescribing their duties. (2) Formulating rules and policies for the governance of the library. (3) Preparing and submitting an annual budget request. (4) Approving, or…
ORS 357.500 [Amended by 1955 c.432 §12; repealed by 1975 c.476 §34]
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[Repealed or reserved.]
ORS 357.510 [Repealed by 1975 c.476 §34]
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[Repealed or reserved.]
ORS 357.520 Annual report. Each public library established under ORS 357.417 shall make an annual report to the State Library and to the governing body on a form supplied by the State Library. [Amended by 1965 c.354 §9; 1975 c.476 §25]
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[Repealed or reserved.]
ORS 357.525 Election to authorize local option tax. (1) A local option tax for any of the purposes stated in ORS 357.410, 357.417 or 357.490 shall be submitted at an election as provided in this section. The governing body of the local government unit
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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) The resolution or the petition calling the election under this section shall state the purpose for which the funds are to be expended, the p…
ORS 357.530 [Amended by 1953 c.238 §1; 1955 c.432 §13; 1975 c.112 §8; repealed by 1975 c.476 §34]
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[Repealed or reserved.]
ORS 357.540 [Amended by 1961 c.251 §16; 1975 c.112 §9; repealed by 1975 c.476 §34]
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[Repealed or reserved.]
ORS 357.545 [1955 c.432 §15; repealed by 1975 c.476 §34]
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[Repealed or reserved.]
ORS 357.550 [Amended by 1955 c.432 §16; 1961 c.251 §17; repealed by 1975 c.476 §34]
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[Repealed or reserved.]
ORS 357.560 [Amended by 1955 c.432 §17; repealed by 1975 c.476 §34]
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[Repealed or reserved.]
ORS 357.570 [Amended by 1955 c.432 §18; repealed by 1967 c.67 §20 (enacted in lieu of 357.570)]
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[Repealed or reserved.]
ORS 357.571 [1967 c.67 §21; repealed by 1975 c.476 §34]
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[Repealed or reserved.]
ORS 357.580 [Amended by 1955 c.432 §19; 1965 c.354 §10; repealed by 1975 c.476 §34]
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[Repealed or reserved.]