Oregon Revised Statutes

Chapter 198 — Special Districts Generally

123 sections

198.010 “District” defined for chapter

As used in this chapter, except as otherwise specifically provided, “district” means any one of the following: A people’s utility district organized under ORS chapter 261. A domestic water supply district organized under ORS chapter 264. A cemetery maintenance district organized under ORS chapter 265. A park and recreation district organized under ORS ch…

198.110 [1969 c.344 §1; 1971 c.23 §3; 1983 c.740 §52; renumbered 198.330 in 1995]renumbered

No operative statutory text appears at this designation in the selected edition.

198.115 Barring district employees from membership on governing board

As used in this section, “district” has the meaning given that term in ORS 198.010 (1) to (5), (7) to (24) and (27). 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 individual who is an employee of the district is not eligible to serve as a member of the g…

198.120 [1969 c.344 §2; repealed by 1975 c.771 §33]repealed

No operative statutory text appears at this designation in the selected edition.

198.180 “District” defined for ORS 198.190

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: A county service district organized under ORS chapter 451. A diking district organized under ORS chapter 551. A corporation for irrigation, draina…

198.190 Compensation and expenses of governing body members

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 reimbursement of a member for actual and reasonable traveling and other expenses nece…

198.210 “District” defined for ORS 198.220

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: A corporation for irrigation, drainage, water supply or flood control organized under ORS chapter 554. A soil and water conservation district organized under ORS 568.210 to 568.808 and 568.900 to 568.…

198.220 Bond or letter of credit for member of district governing body

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 by an insured institution, as defined in ORS 706.008. The amount of the bond or …

198.310 “District” defined for ORS 198.320

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.

198.320 Filling of vacancies on governing bodies of certain districts

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 vacant or if a majority cannot agree, the vacancies shall be filled promptly by the coun…

198.330 [Formerly 198.110; repealed by 2005 c.22 §147]repealed

No operative statutory text appears at this designation in the selected edition.

198.335 Definitions for ORS 198.335 to 198.365

As used in ORS 198.335 to 198.365, unless the context requires otherwise: “County board” means the board of county commissioners or the county court. “Special district”: Has the meaning given the term “district” in ORS 198.010 (1) to (5), (7) to (24) and (27); and Also means: A diking district organized under ORS chapter 551. A corporation for irrigati…

198.340 Designation of registered office and agent

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 an individual resident of this state whose address is identical with the registered…

198.345 Effect of failure to file certain reports

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 portion of the assessed valuation of taxable property in the district, is located. Wi…

198.350 Financial statement

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: The date of formation of the district. The date of the last election of officers, if any, and the names of the persons last serving as members of the …

198.355 Hearing on dissolution; notice

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 more than 30 days after the filing of the statement. Notice of the hearing shall be …

198.360 Continuation or termination of district; proceedings for county service district

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 the county board finds that the reports have been filed, it may: Enter an order te…

198.365 County board as trustees for inactive district; distribution of assets; levy of tax to meet debts; delivery of records

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. Any surplus funds and assets remaining to the credit of the district, after payment of the debts of the district, sha…

198.410 Definition for ORS 198.425 and 198.430

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.

198.420 [1969 c.325 §2; repealed by 1971 c.23 §12]repealed

No operative statutory text appears at this designation in the selected edition.

198.425 Recall of district officers generally

ORS 249.865 to 249.877 apply to the recall of a district officer of: A district defined in ORS 255.012; or Except as provided in ORS 545.189, an irrigation district organized under ORS chapter 545.

198.430 Recall of officers of districts other than districts defined in ORS 255.012

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 subsection, if there is no such officer or if the officer is the district officer agai…

198.440 Statement of justification from affected officer

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 officer’s course in office. The statement must be filed not later than the fifth day after the recall petition is filed. The county clerk shall have the st…

198.510 Definitions for ORS 198.510 to 198.600

As used in ORS 198.510 to 198.600, unless the context requires otherwise: “County” means the county in which the district, or the greater portion of the assessed value of the district, is located. “County board” means the board of county commissioners or the county court of the county. “County clerk” means the county clerk of the county. “District” has t…

198.520 [1971 c.268 §1; 1975 c.782 §48b; 1977 c.756 §3; 1981 c.226 §20; repealed by 2007 c.179 §9]repealed

No operative statutory text appears at this designation in the selected edition.

198.530 Procedure for adopting, amending or repealing ordinances or regulations

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 ordinances and regulations, this section applies when a county board pursuant to …

198.540 Notice prior to adoption of ordinance affecting regulation

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 the meeting, give a brief description of the ordinances to be considered at the mee…

198.550 Publication of ordinance; emergency ordinance procedure

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 copy of the ordinance is available for each person who desires a copy; and The boar…

198.560 Filing of ordinance; notice of adoption of emergency ordinance

Within seven days after adoption of an ordinance, the enrolled ordinance shall be: Signed by the presiding officer; Attested by the person who served as recording secretary of the district board at the session at which the board adopted the ordinance; and Filed in the records of the district. A certified copy of each ordinance shall be filed with the cou…

198.570 When ordinances take effect

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 by a majority of those voting on the ordinance. An emergency ordinance may take effe…

198.580 [1971 c.268 §8; repealed by 1979 c.190 §431]repealed

No operative statutory text appears at this designation in the selected edition.

198.590 Petition to adopt, amend or repeal ordinance

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 to be heard.

198.600 Penalty for violation of regulations; jurisdiction; enforcement

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. Actions to impose punishment shall be brought in the name of the district or county, as the case may be, in any court having jurisdiction of misdemeanors under state laws. The action shall be …

198.605 Local service districts

Local service districts, as defined by ORS 174.116, are municipal corporations. 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 Oregon Revised Statutes for further explanation.

198.608 Unfunded PERS liability or surplus upon split, consolidation or merger of districts

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 unfunded Public Employees Retirement System liabilities or surpluses and deliver…

198.611 Power of district to contract for purchase or lease of real or personal property

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 subsection may budget funds annually for payment of amounts due under the contract in each y…

198.705 Definitions for ORS 198.705 to 198.955

As used in ORS 198.705 to 198.955, unless the context requires otherwise: “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 for which a change of organization is proposed or ordered. “Affected district” me…

198.710 [1971 c.727 §2; 1975 c.782 §48c; 1977 c.756 §4; 1979 c.108 §5; 1979 c.877 §1; 1981 c.226 §21; repealed by 2007 c.179 §9]repealed

No operative statutory text appears at this designation in the selected edition.

198.715 Short title; procedure for formation or change of organization

ORS 198.705 to 198.955 may be cited as the District Boundary Procedure Act. 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 completed as provided by ORS 198.705 to 198.955. ORS 198.705 to 198.955 do not apply when a ch…

198.720 Boundaries; filing boundary change with county assessor and Department of Revenue

Except as otherwise specifically provided by the principal Act: 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 petition shall be accompanied by a certified copy of a resolution of the governing body…

198.725 Procedure when two counties affected

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, taken or made by the persons holding such offices in the principal county. Officers…

198.727 Merger or consolidation; procedure when city joined to merged or consolidated districts

A proposal to merge or consolidate districts may be initiated as provided in ORS 198.895. 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. If a proposal to merge or consolidate districts includes a proposal to join a city to the surv…

198.730 Notice

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 specifically enjoined upon some officer, agency or person, the county clerk or the se…

198.735 Right of interested person to appear; written statements

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. A written statement for or against a proposed formation or change of organization or a request for an el…

198.740 Election procedure governed by law under which district operates; omission governed by district or general election law

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 principal Act: If the district or territory is defined as a district under ORS 255.012,…

198.745 Content of resolution calling election

A resolution or order calling an election on a proposed formation or change of organization shall: Provide for giving notice of the special election or elections upon the question. Designate each district or other territory within which the election or elections are to be held. Fix a date for the election, which date shall be the same for each election wh…

198.747 Effective date of boundary change; filing boundary change with county assessor and Department of Revenue

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: Beginning after the 90th day before a primary election or general election and ending on the day after the election; or Beginning after the deadline for filing the…

198.748 Prospective petition for formation; filing; content

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 included in the district. Note: 198.748 was added to and made a part of 198.705 t…

198.749 Economic feasibility statement for district formation

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 permanent rate limit for operating taxes required by ORS 198.750 (1)(g). The economic fe…

198.750 Content of petition proposing formation or change of organization

If a proposal for formation or change of organization of a district is made by petition, the petition shall: State that the petition is filed pursuant to ORS 198.705 to 198.955. State the names of all affected districts and all affected counties. Designate the principal Act of each affected district. State the nature of the proposal, whether formation of…

198.755 Number of signatures required

A petition for formation shall be signed by not less than: Fifteen percent of the electors or 100 electors, whichever is the greater, registered in the territory subject to the petition; or Fifteen owners of land or the owners of 10 percent of the acreage, whichever is the greater number of signers, within the territory subject to the petition. A petition…

198.760 Requirements for signers of petition; signer’s withdrawal prohibited; chief petitioners designated

Each person signing a petition may also print the person’s 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 person’s place of residence, giving street and number or a designation sufficient to enable the place of residence to be readily …

198.765 Requirements for filing petition; validity and certification of signatures

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 by the economic feasibility statement required under ORS 198.749. When a petition f…

198.770 Method of determining validity of landowner signatures

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 evidence, satisfactory to the county assessor, that the signer: Is a legal representative …

198.775 Security deposit to accompany petition; payment of costs from security deposit; payment of costs by county or district

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: The bond shall be in a form and in an amount approved by the county board, not to exceed $100 for each precinct in the affected district and any territory to be in…

198.780 Filing of duplicates of certain documents

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 the county clerk and the county assessor of each county in which any district affect…

198.782 Documents to be filed with Secretary of State before business transacted

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 corporation. Note: 198.782 was enacted into law by the Legislative Assembly but was …

198.785 Proceeding to contest validity of formation or change of organization

If the county clerk refuses to accept and file a petition for formation or for change of organization, or if the county board refuses to call a special election as provided by ORS 198.705 to 198.955, any citizen of the affected district or territory may apply within 10 days after such refusal to the circuit court of the principal county for a writ of mandamu…

198.790 Rights of creditors after change of organization; enforcement

No change of organization, or any term or condition thereof, shall impair the rights of any bondholder or other creditor of a district. Notwithstanding ORS 198.705 to 198.955, or of any order changing the organization of a district, or any term or condition thereof, each and every bondholder or other creditor may enforce all the rights of the bondholder or o…

198.792 District formation or annexation proceedings to relieve public health danger

Proceedings may be initiated by the county board or any other public agency in accordance with ORS 431.705 to 431.760: To annex the affected territory to a district, as defined by ORS 431.705; or To form a metropolitan service district as authorized by ORS chapter 268, or a county service district as authorized by ORS chapter 451, to include the affected t…

198.793 Change of district name

A district may change its name from the name given it in the formation order of the county board under ORS 198.810, or from the name under which it was otherwise incorporated, to a name chosen by resolution of a majority of the members of the district board. A district board shall not adopt a resolution for a district name change without first publishing no…

198.794 Effect of district name change; notification to certain officials

All powers, rights, duties and obligations of a district which has adopted a new name under ORS 198.793 shall be continued under the new name. All references to the prior name of the district shall be considered references to the new name. A district changing its name under ORS 198.793 shall, immediately upon effectiveness of the change, certify the name ch…

198.795 Jurisdiction over district formation; duration of jurisdiction

For purposes of a formation proceeding, the county board where the petition is filed shall have original and, except as provided by ORS 199.410 to 199.519, exclusive jurisdiction, coextensive with the boundaries of the proposed district, without regard to county lines. For all purposes under ORS 198.705 to 198.955, the jurisdiction of the county board of the…

198.800 Formation petition; hearing; notice of hearing

A petition for formation must be filed with the county board of the principal county. Before the petition is filed, the petition must be endorsed by any agency required by the principal Act to endorse or approve the petition. If the petition satisfies the requirements of ORS 198.748, 198.749 and 198.750 to 198.775 and is otherwise sufficient under the princi…

198.805 Conduct of hearing; standards for formation; notice to nonappearing landowner; order for dissolution

At the time stated in the notice, the county board shall hear the petition and determine, in accordance with the criteria prescribed by ORS 199.462, whether the area could be benefited by the formation of the district. The county board may adjourn the hearing from time to time, but not exceeding four weeks in all unless additional notice is given. The county…

198.810 Order for formation; final hearing; election; voter approval to incur bonded indebtedness

The county board shall approve, modify or reject a petition for formation using only the criteria set forth in ORS 198.805. If the county board approves the petition for formation, as presented or as modified, or if the boundary commission considers the petition for formation pursuant to ORS 198.800 (1)(a), approves the petition, as presented or as modified…

198.813 Formation of county service district for water management services in Washington County; dissolution of existing districts

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 district. An election on the question of forming the district shall be held as provided…

198.815 Election on formation; notice; ballot title when dissolution ordered; election of first board

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 order for the holding of an election to submit to the electors the question of forming …

198.820 Order by county board; effect of formation

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 formation of the district, the board shall enter an order dismissing the petition. The order…

198.825 Election of first members of board when no formation election required

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 be held on the next practicable date under ORS 255.345. ORS chapter 255 governs the…

198.830 Petition for formation by all landowners in proposed district

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 petitioners that the petitioner believes that the signers of the petition comprise all the own…

198.835 Order for formation of district in single county; order for exercise of additional function by county service district; contents of order

The county board may initiate the formation of a district, to be located entirely within the county, by an order setting forth: The intention of the county board to initiate the formation of a district and citing the principal Act. The name and boundaries of the proposed district. The date, time and place of a public hearing on the proposal. An order ini…

198.840 Notice of hearing

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 members, shall be conducted as provided by ORS 198.800 to 198.825.

198.845 Costs

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 surveys in connection with the formation of the district. (Annexation)

198.850 Annexation petition or resolution; delayed effective date for certain annexations

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 also required by the principal Act to indorse or approve the petition. ORS 198.800 …

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

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 territory and an election is ordered on the proposed annexation as provided by ORS 198.815,…

198.857 Annexation without election by petition of landowner

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. When the owner of a parcel of land wants to annex that land to a district, the owner may file an annexation petition with the county board. The petition shall declare that the petition is filed purs…

198.860 Effect of annexation order; debt distribution plan; permanent rate limit and local option taxes

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 provided in a debt distribution plan established under ORS 198.900. On and after the e…

198.865 [1971 c.727 §§37,38; 1979 c.316 §7; repealed by 1983 c.142 §1 (198.866 and 198.867 enacted in lieu of 198.865)]repealed

No operative statutory text appears at this designation in the selected edition.

198.866 Annexation of city to district; approval of annexation proposal; election

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 proposal. The district board shall approve or disapprove the city’s annexation prop…

198.867 Approval of annexation to district by electors of city and district; certification; effect of annexation

If the electors of the city approve the annexation, the city governing body shall: 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 Present the certificate to the district board. If the electors of the district approve the annexation, the district board shall: Certify …

198.869 Annexation contract; recordation; effect

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. (Withdrawal)

198.870 Petition for withdrawal of property from district

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 petitioner’s property is located within the territory annexed, an owner of land included in a district may petition the county board for withdrawal of the property of the own…

198.875 Election on withdrawal petition

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. If the required number of requests for an election are filed on or before the final hea…

198.880 Effect on withdrawn area

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 provided by ORS 198.882. The proportionate share shall be based on the assessed valuati…

198.882 Tax relief to withdrawn area; conditions for relief; ultimate liability

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: No district services have been provided to the withdrawn area; and The area withdrawn does not exceed five percent of the equalized assessed valuation of the taxable property within the…

198.885 Merger of districts; effect

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 considered annexed by and absorbed into the surviving district. If the merger is a…

198.890 Consolidation of districts; effect

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 consolidation shall be considered joined into a single new district. If the consol…

198.895 Initiation of merger and consolidation; procedure when city included in merger or consolidation

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 surviving or successor district and whether the merger or consolidation must be approve…

198.900 Content of petition for annexation, merger or consolidation

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 consolidating districts and any city to be joined to the surviving or successor distri…

198.902 Application of district petition requirements to cities

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 described in ORS 198.765 and 198.770 shall be performed by the elections officer o…

198.903 Joint assembly of governing bodies of affected districts or cities; order for election; contents

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 most recent federal decennial census shall call a joint assembly of the governing bod…

198.905 Certification of election results

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 determine the result of the election and certify the result to the governing body of …

198.910 Joint meeting of governing bodies of merged or consolidated districts and cities; election of board members for surviving or successor district; terms

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 shall call a joint meeting of the governing bodies of the affected entities. The meet…

198.912 Apportionment of board members for certain surviving or successor districts

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 commission, if two or more of the affected districts each have 20 percent or more o…

198.915 Election of board members at regular district election

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). (Dissolution)

198.920 Dissolution procedure

Dissolution of a district may be initiated: By a petition of the electors requesting dissolution of the district, filed with the county board. By resolution of the district board filed with the county board when the district board determines that it is in the best interest of the inhabitants of the district that the district be dissolved and liquidated. B…

198.925 Findings of fact by district board

When dissolution proceedings have been initiated, the district board shall make findings of fact that include: 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, if known. A description of each parcel of real property and interest in real property …

198.927 Annexation of dissolved district

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. Note: 198.927 was added to and made a part of ORS chapter 198 by legislative action but was not added to …

198.930 Plan for dissolution and liquidation

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 assume the outstanding indebtedness of the dissolving district, if any, and to cont…

198.935 Election on dissolution; consent of creditors; content of notice

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 dissolution with the boundary commission in accordance with ORS 199.476. Within 10 days a…

198.940 Dissolution without election

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: The territory within the affected district is uninhabited; The district has failed regularly to elec…

198.945 Trustees for dissolved district; records to county clerk; limitation on further elections

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 releases thereof and dispose of the property of the district. If the dissolved district w…

198.950 Power of trustees to convey assets

The board of trustees may convey to another district all assets of the dissolving district as described by ORS 198.930: If the other district assumes all debts and obligations of the dissolving district and undertakes to continue to furnish the service provided by the dissolving district pursuant to the plan of dissolution and liquidation; and If the conse…

198.955 Disposition of assets; rules

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 trustees shall levy taxes, within the limits of the authority of the district, for t…

198.973 [2007 c.562 §1; renumbered 358.442 in 2009]renumbered

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198.974 [2007 c.562 §2; renumbered 358.444 in 2009]renumbered

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198.975 [2007 c.562 §3; renumbered 358.446 in 2009]renumbered

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198.976 [2007 c.562 §4; renumbered 358.448 in 2009]renumbered

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198.977 [2007 c.562 §5; renumbered 358.450 in 2009]renumbered

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198.978 [2007 c.562 §6; renumbered 358.452 in 2009]renumbered

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198.979 [2007 c.562 §7; renumbered 358.454 in 2009]renumbered

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198.980 [2007 c.562 §8; renumbered 358.456 in 2009]renumbered

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198.981 [2007 c.562 §9; renumbered 358.458 in 2009]renumbered

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198.982 [2007 c.562 §10; renumbered 358.460 in 2009]renumbered

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198.983 [2007 c.562 §11; renumbered 358.462 in 2009]renumbered

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198.984 [2007 c.562 §12; renumbered 358.464 in 2009]renumbered

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198.985 [2007 c.562 §13; renumbered 358.466 in 2009]renumbered

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198.986 [2007 c.562 §14; renumbered 358.468 in 2009]renumbered

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198.987 [2007 c.562 §15; renumbered 358.470 in 2009]renumbered

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198.988 [2007 c.562 §16; renumbered 358.472 in 2009]renumbered

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198.989 [2007 c.562 §17; renumbered 358.474 in 2009]renumbered

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198.990 [1969 c.344 §3; 1971 c.743 §344; repealed by 1983 c.740 §55]repealed

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