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

ORS 198.730. Notice. (1) 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 secretary of the district board, as the case may be, shall give notice or cause it to be given. (2) Notice required to be published shall be published in one or more newspapers of general circulation within the affected district. If any newspaper is of general circulation in two or more affected districts, publication in one such newspaper is sufficient publication for all such affected districts. If no newspaper is of general circulation within the affected district, the publication shall be made in a newspaper of general circulation within the principal county. Published notice of a hearing shall be commenced at least 15 days prior to the date specified in the notice for the hearing, and the last publication shall be made at least five days prior to the hearing. (3) Notice required to be posted shall be posted on or near the doors of the meeting room of the district board or of the county board, or upon any official public bulletin board customarily used for the purpose of posting public notices by or pertaining to the district or county. Posted notice shall be posted not less than five successive days. If posted notice is notice of a hearing, posting shall be commenced not less than 15 days prior to the date specified in the notice for the hearing. (4) Mailed notice shall be sent first class and deposited, postage prepaid, in the United States mails and shall be considered to have been given when so deposited. If mailed notice is a notice of a hearing, mailing shall be made not more than 15 days nor less than five days prior to the date specified in the notice for the hearing. (5) Notice authorized or required to be given by publication, posting or mailing shall contain all matters required by ORS 198.705 to 198.955. If a petition, ordinance, resolution or order of a district board giving notice contains all matters required to be contained in the notice, the county clerk or district secretary may, and shall if required, cause a copy of such petition, ordinance, resolution or order to be published, posted or mailed, in which case no other notice need be given by the clerk or secretary.
ORS Chapter 198 — Special Districts Generally

ORS 198.735. Right of interested person to appear; written statements. (1) 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. (2) A written statement for or against a proposed formation or change of organization or a request for an election must be in writing, must clearly specify the defect, error, irregularity or omission to which objection, if any, is made and must be filed within the time and in the manner provided by ORS
ORS Chapter 198 — Special Districts Generally

ORS 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: (1) If the district or territory is defined as a district under ORS 255.012, ORS chapter 255 applies. (2) If the district is not named in ORS 255.012, the general election laws apply.
ORS Chapter 198 — Special Districts Generally

ORS 198.745. Content of resolution calling election. A resolution or order calling an election on a proposed formation or change of organization shall: (1) Provide for giving notice of the special election or elections upon the question. (2) Designate each district or other territory within which the election or elections are to be held. (3) Fix a date for the election, which date shall be the same for each election when an election is called upon the same question within more than one territory or district. (4) State the substance of the question or questions to be submitted to the electors. (5) Specify any terms and conditions provided for in the formation or change of organization. (6) Contain such other matters as may be necessary to call, provide for and give notice of the election or elections and to provide for the conduct thereof and the canvass of the returns thereupon.
ORS Chapter 198 — Special Districts Generally

ORS 198.747. to and made a part of 198.705 to 198.955 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.
ORS Chapter 198 — Special Districts Generally

ORS 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. [1991 c.70 2] Note:
ORS Chapter 198 — Special Districts Generally

ORS 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 feasibility statement shall contain: (1) A description of the services and functions to be performed or provided by the proposed district; (2) An analysis of the relationships between those services and functions and other existing or needed government services; and (3) A proposed first year line item operating budget and a projected third year line item operating budget for the new district that demonstrate its economic feasibility.
ORS Chapter 198 — Special Districts Generally

ORS 198.750. Content of petition proposing formation or change of organization. (1) If a proposal for formation or change of organization of a district is made by petition, the petition shall: (a) State that the petition is filed pursuant to ORS 198.705 to 198.955. (b) State the names of all affected districts and all affected counties. (c) Designate the principal Act of each affected district. (d) State the nature of the proposal, whether formation of a district or change of organization and the kind of change proposed. (e) State whether the territory subject to the petition is inhabited or uninhabited. (f) If the petition is for formation, and district board members are elected, state the number of members on the board. (g) If the petition is for formation, include a proposed permanent rate limit for operating taxes sufficient to support the services and functions described in the economic feasibility statement required by ORS 198.749. A tax rate limit need not be included in the petition if no tax revenues are necessary to support the services and functions described in the economic feasibility statement. The tax rate limit shall be expressed in dollars per thousand dollars of assessed value. The tax rate limit shall be calculated for the latest tax year for which the assessed value of the proposed district is available. (h) Set forth any proposed terms and conditions, if any, to which a proposed formation or change of organization is to be subject. (i) State, or indicate opposite each signature, whether the signers of the petition are landowners within the district or electors registered in the district, or both. (j) Request that proceedings be taken for the formation or change of organization proposed. (2) If the petition proposes formation of a district, the petition shall set forth a description of the boundaries of the territory proposed to be included in the district. If the petition proposes annexation or withdrawal of territory, the petition shall set forth a description of the boundaries of the territory to be annexed or withdrawn. (3) If a petition proposes formation of a district, or consolidation or merger of districts, the petition may propose a name for the new district or for the surviving or successor district. (4) The circulator of the petition shall certify on each signature sheet of the petition that the circulator witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet.
ORS Chapter 198 — Special Districts Generally

ORS 198.755. Number of signatures required. (1) A petition for formation shall be signed by not less than: (a) Fifteen percent of the electors or 100 electors, whichever is the greater, registered in the territory subject to the petition; or (b) 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. (2) A petition for annexation shall be signed by not less than: (a) Fifteen percent of the electors or 100 electors, whichever is the lesser, registered in the area proposed to be annexed; or (b) Fifteen owners of land or the owners of 10 percent of the acreage, whichever is the greater number of signers, within the area proposed to be annexed. (3) A petition for withdrawal shall be signed by not less than: (a) Fifteen percent of the electors or 100 electors, whichever is the lesser, registered in the district; or (b) Fifteen owners of land or the owners of 10 percent of the acreage, whichever is the greater number of signers, within the district. (4) A petition for merger and a petition for consolidation shall be signed by not less than: (a) Fifteen percent of the electors or 100 electors, whichever is the lesser, registered in each district which it is proposed to merge or consolidate; or (b) Fifteen owners of land in each district or the owners of 10 percent of the acreage located in each district, whichever is the greater number of signers. (5) A petition for dissolution shall be signed by not less than: (a) Fifteen percent of the electors registered in the district; or (b) Owners of 15 percent of the acreage within the district.
ORS Chapter 198 — Special Districts Generally

ORS 198.760. Requirements for signers of petition; signers withdrawal prohibited; chief petitioners designated. (1) Each person signing a petition may also print the persons 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 persons place of residence, giving street and number or a designation sufficient to enable the place of residence to be readily ascertained. If the signer is signing the petition as a landowner, the number of acres of land owned by the signer and the name of the county whose assessment roll is used for the purpose of determining the signers right to vote shall be stated in the body of the petition or indicated opposite the signature. If the signer is a legal representative of the owner, the signature shall be accompanied by a certified copy of the signers authority to sign as a legal representative. (2) After a petition has been offered for filing, a person may not withdraw the persons name therefrom. (3) A petition shall designate not more than three persons as chief petitioners, setting forth their names and mailing addresses. A petition may consist of a single instrument or separate counterparts.
ORS Chapter 198 — Special Districts Generally

ORS 198.765. Requirements for filing petition; validity and certification of signatures. (1) 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 for formation of a district includes a proposed permanent rate limit for operating taxes, the petition shall be filed not later than 180 days before the date of the next May or November election at which the petition for formation will be voted upon. Petitions required to be filed with the county board shall be filed with the county clerk of the principal county. Petitions required to be filed with the district board shall be filed with the secretary of the district board. It is not necessary to offer all counterparts of a petition for filing at the same time, but all counterparts when certified as provided by subsection (3) of this section shall be filed at the same time. (2) Within 10 days after the date a petition is offered for filing, the county clerk or district secretary, as the case may be, shall examine the petition and determine whether it is signed by the requisite number of qualified signers. In the case of a petition required or permitted to be signed by landowners, within 10 days after the date a petition is offered for filing, the county assessor shall examine the petition and determine whether it is signed by the requisite number of qualified landowners. If the requisite number of qualified signers have signed the petition, the county clerk or district secretary shall file the petition. If the requisite number have not signed, the county clerk or district secretary shall so notify the chief petitioners and may return the petition to the petitioners. (3) A petition shall not be filed unless the certificate of the county clerk or the district secretary is attached thereto certifying that the county clerk or district secretary has compared the signatures of the signers with the appropriate records, that the county clerk or district secretary has ascertained therefrom the number of qualified signers appearing on the petition, and that the petition is signed by the requisite number of qualified signers. In the case of a petition required or permitted to be signed by landowners, a petition shall not be filed unless the certificate of the county assessor is attached thereto certifying that the county assessor has compared the signatures of the signers with the appropriate records and that the petition is signed by the requisite number of qualified landowners. (4) No petition for dissolution shall be accepted for filing within one year after an election held on the question of dissolution of a district.
ORS Chapter 198 — Special Districts Generally

ORS 198.770. Method of determining validity of landowner signatures. (1) 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: (a) Is a legal representative of the owner; (b) Is entitled to be shown as owner of land on the next assessment roll; (c) Is a purchaser of land under a written agreement of sale; or (d) Is authorized to sign for and on behalf of any public agency owning land. (2) If a person signing a petition as a landowner appears as owner on the last equalized assessment roll but is shown thereon as a partner, tenant in common or tenant by the entirety, the signature of the person signing shall be counted as if all other owners, as shown on the roll for the same parcel of land, had signed.
ORS Chapter 198 — Special Districts Generally

ORS 198.780. Filing of duplicates of certain documents. (1) 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 affected by the document is located. (2) This section applies to: (a) An order of formation entered by the county board under ORS 198.810 to 198.840. (b) An order of annexation entered by the county board under ORS 198.850 to
ORS Chapter 198 — Special Districts Generally

ORS 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. [1979 c.621 7] Note:
ORS Chapter 198 — Special Districts Generally

ORS 198.785. Proceeding to contest validity of formation or change of organization. (1) 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 mandamus to compel the county board or county clerk to do so. If it is decided by the circuit court that the petition for formation or change of organization is legally sufficient and the requisite number of signatures is attached, the circuit court shall direct the county board to call the election. The suit shall be advanced on the docket and decided by the circuit court as quickly as possible. Either party may appeal as provided for appeals in other proceedings. (2) An action to determine the validity of a formation or change of organization proceeding may also be brought pursuant to ORS 33.710 and 33.720 or 34.010 to 34.100. (3) For the purpose of an action to determine or contest the validity of a formation or change of organization, the formation or change shall be considered complete and final upon the date the order of formation or the order, resolution or statement announcing a change of organization is filed with the county clerk as provided by ORS 198.780.
ORS Chapter 198 — Special Districts Generally

ORS 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
ORS Chapter 198 — Special Districts Generally

ORS 198.792. District formation or annexation proceedings to relieve public health danger. (1) Proceedings may be initiated by the county board or any other public agency in accordance with ORS 431.705 to 431.760: (a) To annex the affected territory to a district, as defined by ORS 431.705; or (b) 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 territory. (2) The findings of the Director of the Oregon Health Authority when filed with the county board in accordance with ORS 431.735 or 431.750 shall be considered a petition for the purposes of ORS 198.705 to 198.955. The county board of the principal county shall conduct proceedings in accordance with the findings and order of the director and with ORS 198.705 to 198.955. (3) In proceedings described by subsection (1) of this section, the county board shall determine whether the affected territory shall be included in a new district or annexed to an existing district. The county board shall not inquire into the need for the proposed service facilities or adjust the boundaries of the affected territory. ORS 198.805 (2), and the provisions of ORS 198.810 and
ORS Chapter 198 — Special Districts Generally

ORS 198.793. Change of district name. (1) 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. (2) A district board shall not adopt a resolution for a district name change without first publishing notice of the proposed name change under ORS 198.730 (2) and holding a hearing on the matter. (3) The resolution for a district name change shall take effect 30 days after adoption by the district board unless a petition objecting to the name change is filed as provided in this subsection within those 30 days. The requirements for preparing, circulating and filing a petition under this subsection shall be as provided for an initiative petition in ORS 255.135 to 255.205. If a majority of the electors voting on the question approve the name change, it shall be effective immediately.
ORS Chapter 198 — Special Districts Generally

ORS 198.794. Effect of district name change; notification to certain officials. (1) 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. (2) A district changing its name under ORS 198.793 shall, immediately upon effectiveness of the change, certify the name change to the Director of the Department of Revenue, the county treasurer of the principal county and the county clerk and county assessor of each county in which the district is situated. [1979 c.272 3] (Formation)
ORS Chapter 198 — Special Districts Generally

ORS 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 principal county shall continue from the time a district is formed until the district is dissolved.
ORS Chapter 198 — Special Districts Generally

ORS 198.800. Formation petition; hearing; notice of hearing. (1) 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