15 chapters · 966 sections in this title.
ORS 198.810 Order for formation; final hearing; election; voter approval to incur bonded indebtedness
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(1) The county board shall approve, modify or reject a petition for formation using only the criteria set forth in ORS 198.805. (2) If the county board approves the petition for formation, as presented or as modified, or if the boundary commission considers the petition for forma…
ORS 198.813 Formation of county service district for water management services in Washington County; dissolution of existing districts
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(1) Notwithstanding ORS 198.810 (3), an order of the county board that approves a petition for formation of a county service district within Washington County to provide water resource management services or ancillary activities may be referred to the electors in the proposed dis…
ORS 198.815 Election on formation; notice; ballot title when dissolution ordered; election of first board
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(1) If the required number of written requests for an election are filed with the county board on or before the date of the final hearing or if the petition for formation includes a permanent rate limit for operating taxes for the proposed district, the board shall provide by ord…
ORS 198.820 Order by county board; effect of formation
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(1) After the election if any is held, if it is determined by the county board that the majority of the votes cast were in favor of formation of the district, the board shall enter an order establishing and forming the district. If a majority of the votes cast oppose the formatio…
ORS 198.825 Election of first members of board when no formation election required
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(1) If an election is not held on the question of formation, an election shall be ordered for the purpose of electing the first members of the district board. When the formation order is entered, the county board shall order an election held in the district, which election shall …
ORS 198.830 Petition for formation by all landowners in proposed district
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(1) If the owners of all real property within an area desire to form a district, they may sign and present a petition to the county board. The petition shall contain the information required by ORS 198.750 to 198.775 and shall be verified by the affidavit of one of the petitioner…
ORS 198.835 Order for formation of district in single county; order for exercise of additional function by county service district; contents of order
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(1) The county board may initiate the formation of a district, to be located entirely within the county, by an order setting forth: (a) The intention of the county board to initiate the formation of a district and citing the principal Act. (b) The name and boundaries of the propo…
ORS 198.840 Notice of hearing
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Notice of the hearing set by the order shall be given in the manner provided by ORS 198.800 except that the notice shall state that the county board has entered an order declaring its intention to initiate formation. The hearing and election on the proposal, and election of board…
ORS 198.845 Costs
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The county shall bear the cost of formation or attempted formation of a district under ORS 198.835 to 198.845. However, if a district is formed, the district shall reimburse the county for any expenses incurred by the county in making necessary preliminary engineering studies and…
ORS 198.850 Annexation petition or resolution; delayed effective date for certain annexations
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(1) When the electors of an area wish to annex to a district, they may file an annexation petition with the county board. Before the petition is filed with the county board, it shall be approved by indorsement thereon by the board of the affected district and by any other agency …
ORS 198.855 Annexation election; annexation without election when petition signed by all landowners or by majority of electors and owners of more than half of land
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(1) If the annexation petition is not signed by all the owners of all the lands in the territory proposed to be annexed or is not signed by a majority of the electors registered in the territory proposed to be annexed and by the owners of more than half of the land in the territo…
ORS 198.857 Annexation without election by petition of landowner
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(1) Notwithstanding ORS 198.750, 198.755, 198.760, 198.765, 198.775, 198.850 and 198.855, a parcel of land may be annexed to a district as provided in this section. (2) When the owner of a parcel of land wants to annex that land to a district, the owner may file an annexation pet…
ORS 198.860 Effect of annexation order; debt distribution plan; permanent rate limit and local option taxes
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(1) After the date of entry of an order by the county board annexing territory to a district, the territory annexed shall become subject to the outstanding indebtedness, bonded or otherwise, of the district in like manner as the territory within the district, unless otherwise pro…
ORS 198.866 Annexation of city to district; approval of annexation proposal; election
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(1) The governing body of a city may adopt a resolution or motion to propose annexation to a district for the purpose of receiving service from the district. Upon adoption of an annexation proposal, the governing body of the city shall certify to the district board a copy of the …
ORS 198.867 Approval of annexation to district by electors of city and district; certification; effect of annexation
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(1) If the electors of the city approve the annexation, the city governing body shall: (a) Certify to the county board of the principal county for the district the fact of the approval by the city electors of the proposal; and (b) Present the certificate to the district board. (2…
ORS 198.869 Annexation contract; recordation; effect
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A contract between a district and a landowner relating to extraterritorial provision of service and consent to eventual annexation of property of the landowner shall be recorded and, when recorded, shall be binding on all successors with an interest in that property. [1991 c.637 …
ORS 198.870 Petition for withdrawal of property from district
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(1)(a) When a plan for district improvements is adopted, or any time more than two years after the date of formation of a district or after the date of annexation of territory to a district if petitioners property is located within the territory annexed, an owner of land include…
ORS 198.875 Election on withdrawal petition
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(1) At the time and place set for the final hearing upon the withdrawal petition if the required number of written requests for an election on the proposed withdrawal have not been filed, the county board shall enter an order withdrawing the described area from the district. (2) …
ORS 198.880 Effect on withdrawn area
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The described area withdrawn shall, from the date of entry of the order, be free from assessments and taxes levied thereafter by the district. However, the withdrawn area shall remain subject to any bonded or other indebtedness existing at the time of the order, except as provide…
ORS 198.882 Tax relief to withdrawn area; conditions for relief; ultimate liability
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(1) The governing body of a district shall relieve an area withdrawn from the district from taxation for its proportionate share of outstanding bonded or other indebtedness if: (a) No district services have been provided to the withdrawn area; and (b) The area withdrawn does not …
ORS 198.885 Merger of districts; effect
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(1) One district or more may merge with another district if the merger is approved by the electors as provided by ORS 198.895 to 198.915 or if it is approved by a local government boundary commission as provided by ORS 199.480 (1)(c). The districts included in the merger shall be…
ORS 198.890 Consolidation of districts; effect
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(1) Two or more districts may consolidate and form a new district if the consolidation is approved by the electors as provided by ORS 198.895 to 198.915 or if it is approved by a local government boundary commission as provided by ORS 199.480 (1)(c). The districts included in the…
ORS 198.895 Initiation of merger and consolidation; procedure when city included in merger or consolidation
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(1) The electors of two or more districts may initiate proceedings to merge or consolidate districts by filing duplicate petitions with the boards of the districts to be merged or consolidated. The petitions shall state the names of the affected districts, and the name of the sur…
ORS 198.900 Content of petition for annexation, merger or consolidation
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(1) A petition for annexation, merger or consolidation may include a debt distribution plan to be voted upon as a part of the proposal. The plan may provide for any distribution of indebtedness and may require that the annexing district and any territory annexed, or merging or co…
ORS 198.902 Application of district petition requirements to cities
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The procedures and requirements regarding the preparation, circulation and filing of a petition in a district under ORS 198.705 to 198.955 apply to the preparation, circulation and filing of a petition in a city, except that the duties of the secretary of the district board as de…
ORS 198.903 Joint assembly of governing bodies of affected districts or cities; order for election; contents
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(1) When the governing body of each affected district or city has received a petition under ORS 198.895 containing the required number of signatures or has adopted or approved a resolution, the governing body of the affected entity having the largest population according to the m…
ORS 198.905 Certification of election results
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The governing body of each affected entity shall meet separately not later than the fifth day after receiving from the county clerk the abstract of the votes cast in the entity in an election on consolidation or merger. At the meeting, the governing body of the entity shall deter…
ORS 198.910 Joint meeting of governing bodies of merged or consolidated districts and cities; election of board members for surviving or successor district; terms
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(1) If the proposal for merger or consolidation is approved by a majority of the votes cast in each affected entity required for approval of the proposal, the governing body of the affected entity with the largest population according to the most recent federal decennial census s…
ORS 198.912 Apportionment of board members for certain surviving or successor districts
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Notwithstanding ORS 198.910, when, at an election on consolidation or merger, a majority of the votes cast in each affected district is in favor of merger or consolidation or when merger or consolidation of districts is approved by a final order of a local government boundary com…
ORS 198.915 Election of board members at regular district election
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At the first regular election held in the surviving or successor district, two or three district board members shall be elected as provided by ORS 198.910 (3). [1971 c.727 §48; 1993 c.424 §5] (Dissolution)
ORS 198.920 Dissolution procedure
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(1) Dissolution of a district may be initiated: (a) By a petition of the electors requesting dissolution of the district, filed with the county board. (b) By resolution of the district board filed with the county board when the district board determines that it is in the best int…
ORS 198.925 Findings of fact by district board
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(1) When dissolution proceedings have been initiated, the district board shall make findings of fact that include: (a) The amount of each outstanding bond, coupon and other indebtedness, with a general description of the indebtedness and the name of the holder and owner of each, …
ORS 198.927 Annexation of dissolved district
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Upon dissolution of a district pursuant to ORS 198.920, a district that was formed under the same principal Act as the district that was dissolved may annex, pursuant to ORS 198.850 to 198.869, all or any part of the territory of the dissolved district. [2011 c.369 §2] Note: 198.…
ORS 198.930 Plan for dissolution and liquidation
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The plan of dissolution and liquidation may include provision for transfer and conveyance of all assets of the district to any other district or, in the case of a county service district, to the county in which the district is located, which has the authority to and agrees to ass…
ORS 198.935 Election on dissolution; consent of creditors; content of notice
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(1) When the district to be dissolved is within the jurisdiction of a local government boundary commission, within 10 days after the district board files the plan of dissolution and liquidation required by ORS 198.925, the district board shall file the documents initiating dissol…
ORS 198.940 Dissolution without election
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The election required by ORS 198.935 shall be dispensed with and the county board shall declare the district dissolved and proceed in accordance with ORS 198.945, if the county board finds that dissolution is in the interest of the people of the county and: (1) The territory with…
ORS 198.945 Trustees for dissolved district; records to county clerk; limitation on further elections
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(1) Upon canvassing the vote after the election, if it appears that a majority or more of the votes cast approve dissolution, the district board shall declare the district dissolved. The board shall thereupon constitute a board of trustees who shall pay the debts or procure relea…
ORS 198.950 Power of trustees to convey assets
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The board of trustees may convey to another district all assets of the dissolving district as described by ORS 198.930: (1) If the other district assumes all debts and obligations of the dissolving district and undertakes to continue to furnish the service provided by the dissolv…
ORS 198.955 Disposition of assets; rules
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(1) Except as provided by ORS 198.950, any surplus funds remaining to the credit of the district, after payment of the indebtedness of the district, shall be turned over to the county treasurer. If the assets of the district are insufficient to pay the indebtedness, the board of …
ORS 199.410 Policy
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(1) The Legislative Assembly finds that: (a) A fragmented approach has developed to public services provided by local government. Fragmentation results in duplications in services and resistance to cooperation and is a barrier to planning implementation. Such an approach has limi…
ORS 199.415 Definitions for ORS 199.410 to 199.534
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As used in ORS 199.410 to 199.534, unless the context requires otherwise: (1) Affected city means a city, city-county or cities, named in a petition, for which a boundary change is proposed or a city, city-county or cities, named in a final order, for which a boundary change is…
ORS 199.420 District defined for ORS 199.410 to 199.534
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As used in ORS 199.410 to 199.534, unless the context requires otherwise, district means one of the following: (1) Domestic water supply district organized under ORS chapter 264. (2) Park and recreation district organized under ORS chapter 266. (3) Metropolitan service district…
ORS 199.430 Procedure for creating commissions by local resolution or petition
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(1) A boundary commission may be created as provided by this section with territorial jurisdiction in one county or in two or more contiguous counties. A commission may be created by: (a) Similar resolutions creating a commission adopted by the county board of each of the countie…
ORS 199.432 Status of commission as state agency; application of certain laws
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(1) A boundary commission created under ORS 199.430 may sue and be sued, enter into contracts and perform such other actions as may be necessary to carry out the provisions of ORS 199.410 to 199.534. (2) A boundary commission is a state agency as defined in ORS 291.002 and is not…
ORS 199.435 Organization of commission created under ORS 199.430
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(1) The members of the first board of a commission formed under ORS 199.430 shall be appointed within 90 days after the commission is created. (2) Notwithstanding ORS 199.440, of the first appointees to a commission formed under ORS 199.430, one shall serve for one year, two for …
ORS 199.440 Membership; appointment; qualifications; term; vacancy
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(1) A boundary commission shall have seven members. (2) The Governor may appoint all members of a commission from a list of names obtained from cities, counties and districts within the area of jurisdiction of the boundary commission. The Governor shall prepare the list annually …
ORS 199.445 Quorum; voting requirements for certain matters
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A majority of the members of a commission constitute a quorum for the transaction of business, and a majority of a quorum may act for the commission. However, the approval of a majority of the members of the commission is required to: (1) Adopt a final order under ORS 199.461. (2…
ORS 199.450 Advisory committee; membership; function; term
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(1) Each boundary commission shall appoint an advisory committee to advise and assist the commission in carrying out the purposes of ORS 199.410 to 199.534. An advisory committee shall consist of nine members who are residents within the jurisdiction of the commission. Except for…
ORS 199.452 Adoption of rules
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A commission shall adopt, and may from time to time amend, rules to govern the proceedings before the commission. Except as provided in ORS 183.315 (1), a commission shall adopt and amend its rules in accordance with ORS chapter 183. [Formerly 199.525; 1983 c.336 §4]
ORS 199.455 Expenses of members; employees; cooperation of local governments
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(1) Each member of a boundary commission may receive travel and other expenses incidental to the performance of duties. (2) A commission shall employ an executive officer and may employ administrative, clerical and technical assistants for carrying on its functions and it shall f…