justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 198 — Special Districts Generally

ORS 198.320. Filling of vacancies on governing bodies of certain districts. (1) 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 county court of the county in which the administrative office of the district is located. (2) This subsection applies to districts defined in ORS 255.012 which have a regular district election on a date specified in ORS 255.335. The period of service of a person appointed under subsection (1) of this section shall expire June 30 next following the next regular district election at which a successor is elected. The successor shall be elected to serve the remainder, if any, of the term for which the appointment was made. If the term for which the appointment was made expires June 30 after the election of the successor, the successor shall be elected to a full term. In either case the successor shall take office July 1 next following the election. (3) This subsection applies to districts not included in subsection (2) of this section. The period of service of a person appointed under subsection (1) of this section shall expire on the day before the first Monday in January of the year next following the election at which a successor is elected. The successor shall be elected to serve the remainder, if any, of the term for which the appointment was made. If the term for which the appointment was made expires on the day before the first Monday in January after the election of a successor, the successor shall be elected to a full term. In either case, the successor shall take office on the first Monday in January of the year next following the election.
ORS Chapter 198 — Special Districts Generally

ORS 198.330. [Formerly
ORS Chapter 198 — Special Districts Generally

ORS 198.335. Definitions for ORS 198.335 to 198.365. As used in ORS 198.335 to 198.365, unless the context requires otherwise: (1) County board means the board of county commissioners or the county court. (2) Special district: (a) Has the meaning given the term district in ORS 198.010 (1) to (5), (7) to (24) and (27); and (b) Also means: (A) A diking district organized under ORS chapter 551. (B) A corporation for irrigation, drainage, water supply or flood control organized under ORS chapter 554. (C) A soil and water conservation district organized under ORS 568.210 to 568.808 and 568.900 to 568.933. (D) A weed control district organized under ORS 569.350 to 569.445. (E) A port district organized under ORS chapter 778.
ORS Chapter 198 — Special Districts Generally

ORS 198.340. Designation of registered office and agent. (1) 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 office of the district. The registered office may be, but need not be, the same as the place of business of the special district. (2) The district may change its registered office or change its registered agent, or both, upon filing in the office of the Secretary of State and county clerk of each county in which located a statement setting forth: (a) The name of the district. (b) If the address of its registered office is changed, the address to which the registered office is to be changed. (c) If its registered agent is changed, the name of its successor registered agent. (d) That the address of its registered office and the address of the business office of its registered agent, as changed, will be identical. (e) That such change was authorized by resolution duly adopted by the district board. (3) The statement shall be subscribed and sworn to by the secretary, financial officer or chairperson of the district board.
ORS Chapter 198 — Special Districts Generally

ORS 198.345. Effect of failure to file certain reports. (1) 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. (2) Within 30 days after receiving the notice provided by subsection (1) of this section, the county board shall initiate proceedings to dissolve the special district as provided by ORS 198.345 to 198.365. (3) The county board may appoint three individuals, residents of the district, to assist in locating the assets, debts and records of the district.
ORS Chapter 198 — Special Districts Generally

ORS 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: (1) The date of formation of the district. (2) The date of the last election of officers, if any, and the names of the persons last serving as members of the governing board. (3) The amount of each outstanding bond, coupon and other indebtedness of the district, with a general description of the indebtedness and the name of the holder and owner of each, if known. (4) A description of each parcel of real property and interest in real property owned by the district and, if the property was acquired for delinquent taxes or assessments, the amount of the taxes and assessments on each parcel of property. (5) Uncollected charges, taxes and assessments levied by the district and the amount upon each lot or tract of land. (6) A description of all personal property and of all other assets of the district. (7) The estimated cost of dissolution.
ORS Chapter 198 — Special Districts Generally

ORS 198.355. Hearing on dissolution; notice. (1) 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. (2) Notice of the hearing shall be given by publication once each week for not less than three weeks in a newspaper of general circulation within the district. The notice shall state the time and place of the hearing and that all interested persons may appear and be heard. The notice shall also state that all persons having claims against the district shall present them at the time of the hearing. (3) In a county within the jurisdiction of a local government boundary commission, the county board, within 10 days after the filing of the financial statement, shall file with the boundary commission a resolution requesting dissolution of the district. In a county within the jurisdiction of a boundary commission, subsections (1) and (2) of this section and ORS 198.360 do not apply, and the final order adopted by the commission shall terminate the proceeding for all purposes except those mentioned in ORS 198.365.
ORS Chapter 198 — Special Districts Generally

ORS 198.360. Continuation or termination of district; proceedings for county service district. (1) 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: (a) Enter an order terminating all further proceedings under ORS 198.345 to
ORS Chapter 198 — Special Districts Generally

ORS 198.365. County board as trustees for inactive district; distribution of assets; levy of tax to meet debts; delivery of records. (1) 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. (2) Any surplus funds and assets remaining to the credit of the district, after payment of the debts of the district, shall be credited to the county general fund available for general purposes. If the district was located in more than one county, the surplus shall be apportioned and turned over to each county in which the district was located. The funds and assets shall be apportioned according to the proportion in each county of the assessed valuation of taxable property in the district. (3) If the assets of the district are insufficient to pay the debts of the district, the county board acting as a levying board for the district shall levy taxes, within the limits of the authority of the district, for the liquidation of the debts. If the only debt of the district is the cost of the proceedings conducted under ORS 198.345 to 198.365, the county shall pay the cost of the proceedings. (4) When the proceedings are completed, the county board shall deliver the books and records of the district to the county clerk. [1971 c.267 13] RECALL
ORS Chapter 198 — Special Districts Generally

ORS 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.
ORS Chapter 198 — Special Districts Generally

ORS 198.425. Recall of district officers generally. ORS 249.865 to 249.877 apply to the recall of a district officer of: (1) A district defined in ORS 255.012; or (2) Except as provided in ORS 545.189, an irrigation district organized under ORS chapter 545.
ORS Chapter 198 — Special Districts Generally

ORS 198.440. Statement of justification from affected officer. (1) 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 officers course in office. The statement must be filed not later than the fifth day after the recall petition is filed. (2) The county clerk shall have the statement printed on the official and sample ballots for the recall election. [1983 c.514 1a] ORDINANCES AND REGULATIONS
ORS Chapter 198 — Special Districts Generally

ORS 198.510. Definitions for ORS 198.510 to 198.600. As used in ORS 198.510 to 198.600, unless the context requires otherwise: (1) County means the county in which the district, or the greater portion of the assessed value of the district, is located. (2) County board means the board of county commissioners or the county court of the county. (3) County clerk means the county clerk of the county. (4) District has the meaning given that term in ORS 198.010 (2), (4), (5), (11), (12), (14), (16), (17), (19), (20) to (23), (25) to (28). In addition, district means any one of the following: (a) A county service district organized under ORS chapter 451. (b) The Port of Portland established by ORS 778.010. (5) District board means the governing body of a district and the term includes a county board that is in the governing body of a district. (6) Presiding officer means the chairperson, president or other person performing the office of presiding officer of the district board. (7) Principal Act means the law, other than ORS 198.510 to 198.600, applicable to a district.
ORS Chapter 198 — Special Districts Generally

ORS 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 statute is acting as the governing body of a district.
ORS Chapter 198 — Special Districts Generally

ORS 198.540. Notice prior to adoption of ordinance affecting regulation. (1) 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 meeting and state that copies of the ordinances are available at the office of the district board. (2) The presiding officer shall cause the agenda to be published not more than 10 days nor less than four days before the meeting, in one or more newspapers of general circulation within the district or, if there is no such newspaper, in a newspaper of general circulation in each county in which the district is located. The presiding officer may also cause the agenda: (a) To be posted in three public places within the district at least 10 days before the meeting; or (b) To be published by radio and television stations broadcasting in the district as provided by ORS 193.310 and 193.320.
ORS Chapter 198 — Special Districts Generally

ORS 198.550. Publication of ordinance; emergency ordinance procedure. (1) 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) A copy of the ordinance is available for each person who desires a copy; and (b) The board directs that the reading be by title only. (2) Except as provided by subsection (3) of this section, the affirmative vote of a majority of the members of the district board is required to adopt an ordinance. (3) An ordinance to meet an emergency may be introduced, read once and put on its final passage at a regular or special board meeting, without being described in a published agenda, if the reasons requiring immediate action are described in the ordinance. The unanimous approval of all members of the board at the meeting, a quorum being present, is required to adopt an emergency ordinance.
ORS Chapter 198 — Special Districts Generally

ORS 198.560. Filing of ordinance; notice of adoption of emergency ordinance. (1) Within seven days after adoption of an ordinance, the enrolled ordinance shall be: (a) Signed by the presiding officer; (b) Attested by the person who served as recording secretary of the district board at the session at which the board adopted the ordinance; and (c) Filed in the records of the district. (2) A certified copy of each ordinance shall be filed with the county clerk, available for public inspection. (3) Within 15 days after adoption of an emergency ordinance, notice of the adoption of the ordinance shall be published as provided by ORS 198.540 (2) for notice of proposed ordinances. The notice shall: (a) Briefly describe the ordinance; (b) State the date when the ordinance was adopted and the effective date of the ordinance; and (c) State that a copy is on file at the district office and at the office of the county clerk of the county, available for public inspection.
ORS Chapter 198 — Special Districts Generally

ORS 198.570. When ordinances take effect. (1) 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. (2) An emergency ordinance may take effect upon adoption.
ORS Chapter 198 — Special Districts Generally

ORS 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.
ORS Chapter 198 — Special Districts Generally

ORS 198.600. Penalty for violation of regulations; jurisdiction; enforcement. (1) 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. (2) 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 brought in the county in which the district, or the greater portion of the area of the district, is located. (3) Any peace officer may enforce an ordinance adopted under ORS 198.510 to
ORS Chapter 198 — Special Districts Generally

ORS 198.605. 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.
ORS Chapter 198 — Special Districts Generally

ORS 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 a copy of the agreement to the Public Employees Retirement Board as required by ORS 238.235. [2003 c.802 162; 2005 c.808 22] Note:
ORS Chapter 198 — Special Districts Generally

ORS 198.611. Power of district to contract for purchase or lease of real or personal property. (1) 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 year during the term of the contract, unless the contract is terminated sooner in accordance with its terms. (2) The powers granted to districts by this section are in addition to any other powers possessed by districts in this state, and this section may not be construed to limit such powers. [2003 c.794 182] Note:
ORS Chapter 198 — Special Districts Generally

ORS 198.715. Short title; procedure for formation or change of organization. (1) ORS 198.705 to 198.955 may be cited as the District Boundary Procedure Act. (2)(a) 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
ORS Chapter 198 — Special Districts Generally

ORS 198.720. Boundaries; filing boundary change with county assessor and Department of Revenue. Except as otherwise specifically provided by the principal Act: (1) 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 of the city approving the petition. (2) A district may not include territory included within another district formed under the same principal Act when the other district is authorized to perform and is performing the services the affected district is authorized to perform, unless: (a) Withdrawal of such territory is proposed and the territory is withdrawn by withdrawal proceedings conducted in the other district simultaneously with the formation or annexation proceedings, and the proposed boundary changes are approved for both districts; or (b) The principal Act provides for automatic withdrawal of the affected territory in such a case. (3) The boundary lines of a district formed under ORS 198.705 to 198.955 shall include only such territory as may in reason be served by the facilities or services of the district. (4) 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.
ORS Chapter 198 — Special Districts Generally

ORS 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 of an affected county other than the principal county shall cooperate with the officers of the principal county and shall furnish the officers of the principal county with such certificates, records or certified copies of records as may be necessary to enable the officers of the principal county to comply with ORS 198.705 to 198.955.
ORS Chapter 198 — Special Districts Generally

ORS 198.727. Merger or consolidation; procedure when city joined to merged or consolidated districts. (1) A proposal to merge or consolidate districts may be initiated as provided in ORS 198.895. (2) 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. (3) If a proposal to merge or consolidate districts includes a proposal to join a city to the surviving or successor district, the proposal may be initiated as provided in ORS 198.895.