28 chapters · 1,856 sections in this title.
ORS 358.325 Terms of commission members
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Two of the first members of a museum commission shall be appointed for one year, two shall be appointed for two years and three shall be appointed for three years, as determined by the governing body. Except for the first members and appointments to fill vacancies, the terms of m…
ORS 358.330 Chairperson and secretary of commission; duties of commission regarding records, rules, reports and budgets
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A museum commission shall: (1) Elect a chairperson and secretary to serve until the next succeeding first Monday in January and until their successors are elected. The secretary shall keep permanent and complete records of the proceedings of the museum commission. (2) Adopt rules…
ORS 358.335 Vacancies on commission
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A vacancy in the position of member of a museum commission shall be filled by a qualified person appointed by the governing body for the remainder of the unexpired term of the appointees predecessor in the position. [1953 c.481 §8]
ORS 358.340 Compensation of commission members
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The members of a museum commission shall receive no compensation as members, but shall be reimbursed for expenses incurred in the performance of their duties and approved by the chairperson of the museum commission. [1953 c.481 §9]
ORS 358.345 Authority of city to establish and operate public museum
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(1) Any city may establish, maintain and operate a public museum. (2) Any two or more cities may jointly establish, maintain and operate a public museum. [1953 c.481 §3; 1957 c.200 §2; 1973 c.757 §4; 1983 c.260 §6]
ORS 358.355 Acquisition of site and structure for museum
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In the event that a public museum is established under ORS 358.345, the city or two or more cities, acting through the governing body or museum commission, may: (1) Acquire a site or sites for the museum. (2) Construct a structure or structures to house the museum collection, or …
ORS 358.360 Duties of museum commission respecting establishment of museum
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A museum commission shall: (1) Determine the kind and class of museum to be established and submit such determination to the governing body. (2) Investigate and determine the most suitable location for the museum and the adequacy of roads or streets and parking areas therefor, an…
ORS 358.365 Duties of museum commission respecting operation of museum
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When a museum is established under ORS 358.345, a museum commission shall: (1) Maintain and operate the museum for and in the name of the city or two or more cities. (2) Subject to the approval of the governing body before they become effective, adopt and publish rules relating t…
ORS 358.370 Payment of expense of museum operation
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The governing body may provide for the payment of the expense incident to museum operation, care and maintenance of museum objects, structures and grounds, and compensation of employees by means of annual budgeting and appropriation. [1953 c.481 §14]
ORS 358.375 Issuance of bonds to acquire museum site and structure
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(1) In the case of a city museum, and when authorized by the electors of the city voting at a primary election or general election, the governing body may issue general obligation or revenue bonds of the city for the purpose of providing all or part of the funds necessary to acqu…
ORS 358.380 General bond law applicable to museum bonds
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The provisions of ORS chapter 287A apply to bonds issued under ORS 358.375. [1953 c.481 §17; 1983 c.260 §10; 2007 c.783 §160]
ORS 358.385 Pledge of museum revenues for payment of museum bonds
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The governing body may pledge all or part of museum revenues, collected or to be collected, as security for the payment of general obligation bonds or revenue bonds issued under ORS 358.375. [1953 c.481 §18]
ORS 358.390 Revenue bonds and pledges of revenue not general obligations of city
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Revenue bonds issued under ORS 358.375 and pledges of revenue under ORS 358.385 shall not be construed as a general obligation of the issuing city. [1953 c.481 §19; 1983 c.260 §11]
ORS 358.405 Method of settling disagreement where joint action of cities required
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Whenever joint action by the city councils of two or more cities is required or authorized under ORS 358.310 to 358.405, and there is disagreement between or among the city councils of the two or more respective cities, the matter shall be submitted to a judge of the circuit cour…
ORS 358.415 Definitions for ORS 358.420 to 358.440
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For the purposes of ORS 358.420 to 358.440: (1) Loan, loaned and on loan include all deposits of property with a museum that are not accompanied by a transfer of title to the property. (2) Museum means an institution located in Oregon that: (a) Is primarily educational, s…
ORS 358.420 Status of property loaned to a museum; statute of limitations on recovery
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(1) No action shall be brought against a museum to recover property on loan to the museum when more than 25 years have passed from the date of the last written contact between the lender and the museum. (2) Property on loan to a museum shall be deemed to have been donated to the …
ORS 358.425 Notice of termination of loan; content
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(1) A museum may give notice of termination of a loan of property at any time if the property was loaned to the museum for an indefinite term. If the property was loaned to the museum for a specified term, the museum may give notice of termination of the loan at any time after th…
ORS 358.430 Procedure for giving notice; responsibility of owner
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(1) To give notice of termination of a loan, the museum shall mail a notice to the lender at the most recent address of the lender as shown on the museums records pertaining to the property on loan. If the museum has no address in its records, or the museum does not receive writ…
ORS 358.435 Status of title to acquired property
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One who purchases property from a museum acquires good title to the property if the museum represents that it has acquired title to the property pursuant to ORS 358.420. [1985 c.580 §5]
ORS 358.440 Notice to lenders
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When a museum accepts a loan of property, the museum shall inform the lender in writing of the provisions of ORS 358.420 to 358.440. [1985 c.580 §6] HERITAGE DISTRICTS
ORS 358.442 Definitions for ORS 358.442 to 358.474
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As used in ORS 358.442 to 358.474, unless the context requires otherwise: (1) County means the county in which the administrative office of the district is located. (2) County governing body means the county court or board of county commissioners of the county. (3) District…
ORS 358.444 Creation of heritage district
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(1) A heritage district may be created as provided in ORS 198.705 to 198.955 and 358.442 to 358.474. (2) In addition to other required matters, a petition for formation of a district shall state the method of election of the board of the proposed district from among the methods d…
ORS 358.446 Formation of multicounty heritage district
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(1) In addition to other methods for formation of a heritage district authorized under ORS 198.705 to 198.955 and 358.442 to 358.474, the governing body in each of two or more counties may initiate the formation of a multicounty district, to be located entirely within those count…
ORS 358.448 Heritage district board
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(1) The officers of a heritage district shall be a board of five members, to be elected by the electors of the district. The district board shall appoint a representative of the museums in the district to serve as secretary of the district. (2) Any elector residing within the dis…
ORS 358.450 Election of first heritage district board
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(1) Five district board members shall be elected at the election for heritage district formation. Nominating petitions or declarations of candidacy described in ORS 249.031 shall be filed with the county governing body. The fee for a declaration of candidacy shall be as prescribe…
ORS 358.452 Election of heritage district board members; initiative and referendum
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(1) ORS chapter 255 governs the following: (a) The nomination and election of heritage district board members. (b) The conduct of district elections. (2) The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordanc…
ORS 358.454 Result of election at large or by zone; oath of office; vacancy; term of office
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(1) If two or three board members of a heritage district are to be elected at a regular district election at large, the candidates receiving the highest number of votes shall be elected. If one or more board members are to be elected by zone, the candidate receiving the highest n…
ORS 358.456 Choice of election at large or by zone
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(1) Heritage district board members may be elected by one of the following methods or a combination thereof: (a) By the electors of zones as nearly equal in population as possible according to the latest federal census. (b) At large by position number by the electors of the distr…
ORS 358.458 Change in method of nominating and electing heritage district board members
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(1) A heritage district may not change the method for nominating and electing board members, unless the change is approved by the electors of the district in an election held prior to the change in method. The district board: (a) May order the election on its own resolution; or (…
ORS 358.460 Population within boundaries of zones in heritage districts
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The board of a heritage district 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…
ORS 358.462 Filing boundary change with county assessor and Department of Revenue
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For purposes of ad valorem taxation, a boundary change of a zone established within a heritage district must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [Formerly 198.983]
ORS 358.464 Duties of heritage district board
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(1) The board of a heritage district shall be the governing body of the district and shall exercise all powers thereof. (2) At its first meeting or as soon thereafter as may be practicable, the board shall choose one of its members as president. [Formerly 198.984]
ORS 358.466 Powers of heritage district board
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The board of a heritage district has the power: (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 that, in the judgment of the board, are necessary or proper to th…
ORS 358.470 Sinking fund for acquisition of historic real property and restoration of historic buildings or facilities
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The board of a heritage district, by resolution duly adopted, may establish sinking funds for the purpose of defraying the costs of acquiring historic real property and for restoration of historic buildings or facilities. A sinking fund may be created through the inclusion annual…
ORS 358.472 Legal counsel for heritage district
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The board of a heritage district may call upon the attorney for the heritage district for advice as to any district business. The attorney for the heritage district shall give advice when called on for advice by the board. The board may at any time employ special counsel for any …
ORS 358.474 Employees retirement system
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A heritage district may establish an employees retirement system as provided for rural fire protection districts under ORS 478.355 to 478.370. [Formerly 198.989] HISTORIC PROPERTY (Policy and Definitions)
ORS 358.475 Policy
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The Legislative Assembly hereby declares that it is in the best interest of the state to maintain, preserve and rehabilitate properties of Oregon historical significance. Historic preservation incentive programs provide a public benefit by encouraging preservation and appropriate…
ORS 358.480 Definitions for ORS 358.480 to 358.545
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As used in ORS 358.480 to 358.545, unless the context requires otherwise: (1)(a) Commercial property means improved real property that is used in a trade or business or held for the production of income, including but not limited to: (A) Single-family or multifamily residential…
ORS 358.487 Application for classification and special assessment of commercial property as historic property; reapplication for additional consecutive term; fee; rules
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(1) An owner of commercial property may seek classification and special assessment as historic property under ORS 358.480 to 358.545 for the property by applying to the State Historic Preservation Officer on forms approved by the officer. (2) The application must include or be ac…
ORS 358.490 Review and approval of application; withdrawal; amendment of plan
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(1)(a) After an application is filed under ORS 358.487, the State Historic Preservation Officer: (A) Shall determine whether the application meets the requirements of ORS 358.487; and (B) May view the premises of the property that is the subject of the application. (b) If the off…
ORS 358.495 Notice of approval or denial; notice of classification and special assessment; installation of plaque; contested case hearing and final order
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(1) As soon as practicable following approval or denial of an application under ORS 358.490, but in no event later than July 1 of the property tax year for which classification and special assessment as historic property are first sought, the State Historic Preservation Officer s…
ORS 358.499 Applicability and sunset provisions for classification and special assessment
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(1) Property may be classified and specially assessed as historic property under ORS 358.480 to 358.545 pursuant to an application filed under ORS 358.487 on or after September 9, 1995, and first applicable for the property tax year 1996-1997 or any property tax year thereafter. …
ORS 358.500 Reporting requirement; work approval
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(1)(a) The owner of property classified and specially assessed as historic property under ORS 358.480 to 358.545 shall submit written progress reports concerning the preservation plan to the State Historic Preservation Officer in a form, on a schedule and including content prescr…
ORS 358.505 Determination of specially assessed value, maximum assessed value and assessed value of historic property; appeals
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(1)(a) Except as provided in paragraph (b) of this subsection, for property granted special assessment as historic property under ORS 358.480 to 358.545, the county assessor shall list on the assessment and tax roll for 10 consecutive tax years a specially assessed value that equ…
ORS 358.509 Review of continued qualification of historic property by State Historic Preservation Officer
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(1) A county assessor, local landmark commission or governing body shall request the State Historic Preservation Officer to determine whether historic property that is located in their respective jurisdictions and classified and specially assessed as historic property under ORS 3…
ORS 358.511 Historic Assessment Review Committee
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(1) There is established an Historic Assessment Review Committee consisting of five members appointed by the Governor. (2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. A member is eligible for reappointment. A member whose …
ORS 358.515 Disqualification for classification and special assessment; notice
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(1) Property that has been classified and specially assessed as historic property under ORS 358.480 to 358.545 remains classified and specially assessed until it is disqualified for classification and special assessment by: (a) Expiration of the 10-year period of special assessme…
ORS 358.525 Imposition of additional taxes, interest and penalties upon disqualification; exceptions
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(1) Except as provided in subsection (4) of this section, whenever property that has been specially assessed as historic property under ORS 358.480 to 358.545 is disqualified for special assessment as provided in ORS 358.515, there shall be added to the tax extended against the p…
ORS 358.528 Application for change from historic property special assessment to another program to be acted upon unless withdrawn
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When any property has been classified and specially assessed as historic property under ORS 358.480 to 358.545 and the owner or the owners legal representative applies for a change in the classification under another special assessment program, the applicant shall have 30 calend…
ORS 358.540 Requirements for second term of historic property special assessment
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(1) Property classified as historic property under ORS 358.480 to 358.545 is entitled to any other exemption or special assessment provided by law. (2) Property that has been certified for special assessment under ORS 358.490 and received special assessment under ORS 358.505 for …