reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1969 c.325 §1; 1971 c.23 §6; 1981 c.173 §2; 1983 c.83 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1981 c.173 §5; 2017 c.525 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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 officer’s 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1971 c.268 §2; 2007 c.179 §5; 2007 c.562 §22b; 2009 c.584 §22; 2015 c.544 §17; 2015 c.560 §12; 2019 c.621 §30]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1971 c.268 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1971 c.268 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1971 c.268 §5]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1971 c.268 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1971 c.268 §7; 1983 c.350 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1971 c.268 §9; 1983 c.83 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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 198.600. ORS 221.333 is applicable to the enforcement of such ordinances. [1971 c.268 §10; 2011 c.597 §170]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 198.605 - Local service districts.

Local service districts, as defined by ORS 174.116, are municipal corporations. [2003 c.802 §1a]
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.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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:
198.608 was added to and made a part of ORS chapter 198 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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:
198.611 was added to and made a part of ORS chapter 198 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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 198.705 to 198.955.
(b) ORS 198.705 to 198.955 do not apply when a change of organization is made or authorized by statute as provided by ORS 222.510 to 222.580, 451.573 to 451.577, 451.585 and 478.702. [1971 c.727 §4; 2023 c.208 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1971 c.727 §5; 2001 c.138 §2]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1971 c.727 §7]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1983 c.142 §5]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1971 c.727 §8; 1983 c.350 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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 198.705 to 198.955. Any statement not so made and filed shall be considered voluntarily waived. [1971 c.727 §§9,10]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1971 c.727 §11; 1983 c.350 §5]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1971 c.727 §12]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 198.747 - Effective date of boundary change; filing boundary change with county assessor and Department of Revenue.

(1) 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:
(a) Beginning after the 90th day before a primary election or general election and ending on the day after the election; or
(b) Beginning after the deadline for filing the notice of election before any other election held by any district or other municipal corporation involved in the annexation, withdrawal, consolidation or merger and ending on the day after the election.
(2) If the effective date established for an annexation, withdrawal, consolidation or merger is a date that is prohibited under this section, the annexation, withdrawal, consolidation or merger shall become effective on the day after the election.
(3) For the purposes of ORS 308.225 only, the effective date of an annexation shall be the date of the order declaring the annexation under ORS 198.855.
(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. [1985 c.808 §67; 1989 c.923 §23; 1995 c.712 §82; 2001 c.138 §3]
Note:
198.747 was added 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.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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:
198.748 was added 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.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1989 c.92 §2; 1997 c.541 §342]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1971 c.727 §§13,14; 1983 c.83 §8; 1989 c.92 §3; 1997 c.541 §343; 1999 c.318 §21; 2007 c.848 §20]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1971 c.727 §15; 1973 c.117 §1; 1983 c.83 §9]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 198.760 - Requirements for signers of petition; signer’s withdrawal prohibited; chief petitioners designated.

(1) 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 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 signer’s 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 signer’s authority to sign as a legal representative.
(2) After a petition has been offered for filing, a person may not withdraw the person’s 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. [1971 c.727 §17; 1973 c.283 §7; 1983 c.567 §18]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1971 c.727 §18; 1973 c.117 §2; 1989 c.92 §4; 1991 c.70 §3; 1995 c.712 §83; 1997 c.541 §344; 1999 c.318 §47; 2011 c.8 §2]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1971 c.727 §19; 1999 c.318 §48]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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 198.869.
(c) An order of withdrawal entered by the county board under ORS 198.875.
(d) A resolution of merger adopted by the district board under ORS 198.910.
(e) A resolution of consolidation adopted by the district board under ORS 198.910.
(f) The statement executed by the board of trustees of a dissolving district under ORS 198.945. [1971 c.727 §21; 1977 c.884 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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:
198.782 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.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1971 c.727 §22; 1979 c.562 §7; 1979 c.772 §15a]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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 other creditor in the same manner and to the same extent as if the change of organization, term or condition had not been made. Any such rights may also be enforced against agencies, and their respective officers, as follows:
(1) Upon annexation or withdrawal of territory: Against the district to or from which the territory is annexed or withdrawn.
(2) Upon dissolution of a district: Against the successor city, county or district or against a city, county or district receiving distribution of all or any part of the remaining assets of the dissolved district.
(3) Upon merger of two or more districts: Against the surviving district.
(4) Upon consolidation of two or more districts: Against the successor district. [1971 c.727 §23]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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 198.815 providing for an election on the formation of or annexation to a district, do not apply to proceedings under this section. [1973 c.361 §14; 2009 c.595 §175]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1979 c.272 §2; 1983 c.350 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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. [1971 c.727 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 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 198.775 and is otherwise sufficient under the principal Act, the county board shall:
(a) If the county is within the jurisdiction of a local government boundary commission, file the petition with the boundary commission within 10 days after the petition is filed with the board; or
(b) Set a date for a hearing on the petition. The hearing may not be held less than 30 days or more than 50 days after the date the petition is filed.
(2) The county board shall cause notice of the hearing to be posted in at least three public places and published by two insertions in a newspaper. The notice shall state:
(a) The purpose for which the district is to be formed.
(b) The name and boundaries of the proposed district.
(c) The time and place of the hearing on the petition.
(d) That all interested persons may appear and be heard.
(3) Except as provided in subsection (1)(a) of this section, this section and ORS 198.805 do not apply in areas subject to the jurisdiction of a local government boundary commission. [1971 c.727 §24; 1983 c.336 §20; 1989 c.92 §5; 2005 c.747 §1]