reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.709 - Loaning of road fund money by certain counties to other counties and districts; budgeting; disclosure.

(1) Notwithstanding ORS 294.060, 294.468 and 368.705, moneys from federal sources in the county road fund of Curry County, Klamath County or Yamhill County may be loaned to:
(a) Any taxing district located within the county;
(b) Another county; or
(c) Any taxing district located in another county.
(2) The amount of the loan may not exceed the lesser of:
(a) The amount of operating taxes estimated to be collected by the taxing district or the county to which the moneys are to be loaned, plus interest, for a period of 20 consecutive years; or
(b) The estimated annual debt service amounts that can reasonably be estimated to be available for the term of the loan to the taxing district or the county to which the moneys are to be loaned, after subtracting any other financial or legal obligations of the borrower taxing district or county.
(3)(a) Moneys may be loaned under this section only pursuant to a legally binding intergovernmental agreement or loan agreement entered into by the governing bodies of the borrower taxing district or the county and the lender county.
(b) The intergovernmental agreement or loan agreement must contain provisions that:
(A) Fix the principal amount of the loan and state the method of determining the rate of interest. The rate of interest may not be less than the average rate of return earned over the immediately preceding 12-month period by moneys of the lender county placed in the investment pool as defined in ORS 294.805.
(B) Fix the term of the loan and the schedule of the payments of principal and interest.
(C) Pledge the operating tax revenues of the borrower taxing district or county as security for repayment of the loan, plus interest.
(D) Identify the purpose for which the taxing district or the county is borrowing the moneys.
(E) Establish remedies in favor of the lender county if the borrower taxing district or county is unable to meet the annual debt service obligations.
(4) The governing bodies of the borrower taxing district or county and the lender county shall account for the loan and the repayment obligation, including interest, in their annual budgets for the term of the loan.
(5) A county that makes a loan under this section shall disclose the loan to the Oregon Municipal Debt Advisory Commission.
(6) Moneys from state and local sources that are subject to Article IX, section 3a, of the Oregon Constitution, may not be loaned under this section. [2017 c.682 §1]
Note:
368.709 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 368 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.710 - Apportionment of certain local option taxes; compression.

(1) A countywide local option tax imposed by a county under ORS 280.040 to 280.145 for road improvement, repair or maintenance must be apportioned as follows:
(a) Not less than 50 percent of the tax collected must be apportioned to the several road districts, including districts composed of incorporated cities, in the same proportion as the amount of taxable property in each district bears to the whole amount of taxable property in the county. The amount apportioned to any incorporated city must be transferred to it to be expended under the management of its officials for the improvement and repair of county roads and for the improvement, repair and maintenance of improved streets within the boundaries of the city.
(b) The entire remaining revenue must be applied to roads in such locality in the county as the county governing body directs.
(2) If a local option tax levy is reduced due to compression under ORS 310.150, the amounts apportioned under subsection (1) of this section must be based on the amount of taxes actually levied under the limits of compression.
(3) A county, road districts with territory in the county and incorporated cities with territory in the county may modify, by agreement, the apportionment of local option taxes provided for in this section to fund more effectively and efficiently projects within the county to construct, maintain, improve and repair public roads. [Amended by 1991 c.459 §388a; 2007 c.679 §2; 2009 c.146 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.715 - Using county funds for noncounty roads during emergency.

Notwithstanding the limitations in ORS 368.031 or any other statute that limits the expenditure of county funds for roads, the county governing body may expend available funds on other public roads during an emergency when, as a result of a disaster such as flood or other destructive force, a county road is closed because of destruction or disrepair of the county road caused by the disaster or, if no public road is available, on private property temporarily open to public use. [1965 c.270 §2; 1981 c.153 §69]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.717 - County borrowing of money from county general road fund.

The county court or board of county commissioners may borrow money from the general road fund of the county to supplement depleted election accounts within the general fund of the county if there is no money within the emergency fund of the county to supplement the depleted accounts within the general fund. The amount so borrowed shall be returned to the general road fund during the following fiscal year from the first funds available in the general fund, or from the emergency fund. [Formerly 294.050]
Note:
368.717 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 368 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.720 - Using road funds outside of county.

(1) The county governing body of any county may expend any portion of the funds apportioned to it from its share of funds derived under the Oregon motor vehicle law, or any other county money provided by law to be used in road construction, for the construction, maintenance and repair of streets, roads and highways in the state outside of the county.
(2) All such work of construction, maintenance or repair shall be done under an intergovernmental agreement that sets forth the terms under which the funds may be used and the party to the agreement that is responsible for the direction, supervision and maintenance of the work. [Amended by 1991 c.260 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.722 - Expenditure of general road fund on city streets and bridges.

Counties may expend funds received by the general road fund pursuant to ORS 294.060 on city streets and bridges under such terms and conditions as the county may determine pursuant to the provisions of ORS 373.260. [1975 c.292 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.910 - Owner to repair sidewalks and curbs along road; county may repair if owner fails.

(1) Whenever in an unincorporated area, sidewalks or curbs are constructed along county roads or are existing along roads taken over by the county, the owner of the abutting real property shall maintain and repair the sidewalks or curbs. If any such sidewalk or curb is out of repair, the county governing body shall send a notice by mail to the owner of the abutting property to repair the sidewalk or curb, setting forth the nature and extent of repairs and the time, not less than 30 days, within which they must be made.
(2) If the owner does not make the repairs within the time allowed, the county governing body may order the repairs to be made. The county governing body shall file the order for the repairs with the county clerk, the order describing the abutting property. The recorded order is notice that the described property is subject to a lien for the cost of the repairs, in an amount to be determined later by an order of the county governing body. The county clerk shall indorse upon the order the date of the filing and record and index the order in special books to be kept by the county clerk for such purpose.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.915 - Payment and reimbursement when county makes repairs.

(1) After the repairs mentioned in ORS 368.910 have been completed the county governing body shall compute the cost to which may be added up to 10 percent of the cost for administration. Payment for the repairs shall be made from the general fund of the county.
(2) The fund drawn upon for the repairs shall be reimbursed by an assessment of the total cost against the abutting property. After the owner has been given notice and an opportunity to be heard, the county governing body shall by order determine the cost to be assessed against the abutting property. Notice of the determination of the assessment shall be mailed to the owner within 10 days after the cost is determined. The county governing body shall certify the order to the county assessor and shall record the order with the county clerk. The clerk shall indorse on the order the date of filing and record and index it in the special books kept by the clerk for such purpose.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.920 - Expense of repairs as lien on abutting property.

The assessment mentioned in ORS 368.915 and interest are a lien upon the abutting property from the date of the filing with the county clerk of the order of the county governing body for the repairs under ORS 368.910. No transfer, sale or division of the abutting land, or change in its legal description, divests the lien from the whole of the original abutting land. Failure to enter the name of the owner or mistake in the name of the owner in the order for repairs in no way renders void any assessment and in no way affects the lien on the property described. The lien has priority over all other liens and encumbrances, except tax liens. Upon payment in full of the assessment and interest, the county sheriff shall enter satisfaction by a notation in the record kept by the county clerk, and the property is thereby discharged from the lien.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.925 - Delinquency in paying assessment for repairs; execution sale.

(1) Thirty days after the notice of the determination of the assessment mentioned in ORS 368.915 is mailed to the owner, the entire amount is due and payable at the office of the county sheriff, and if not so paid shall be delinquent from that date and shall bear interest at the rate of eight percent per year until paid.
(2) One year from the date an assessment is delinquent, the county sheriff shall transmit to the county clerk a written description of the property, the name of the person to whom assessed, the amount of the assessment and the interest due. The county clerk shall issue a writ of execution thereon, directed to the sheriff of the county. The sheriff shall proceed to collect the unpaid assessment by advertising and selling the property in the manner provided by law for the sale of real property on execution, but no property shall be sold for a sum less than the amount of the unpaid assessment plus interest and the cost of advertising and sale.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.942 - Posting notices, signs or pictures on structures within county road right of way prohibited.

Except as provided in ORS 368.950, no person may paste, paint, brand or in any manner whatever place or attach to any building, fence, gate, bridge, tree, rock, board, structure or anything whatever within the limits of the right of way of any county road any written, printed or painted advertisement, bill, notice, sign, picture, card or poster, except within the limits of any incorporated city through which the county road runs. [1973 c.462 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.945 - Authority of county road official to remove unlawfully posted matter.

A county road official may lawfully remove or destroy, without resort to legal proceedings, any advertisement, bill, notice, sign, picture, card or poster placed in violation of ORS 368.942. [1973 c.462 §3]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.950 - Applicability of ORS 368.942 and 368.945.

ORS 368.942 and 368.945 do not apply to:
(1) The posting or maintaining of any notice required by law to be posted or maintained; or
(2) The placing and maintaining, within the limits of the right of way of any county road, of:
(a) Signs approved by the county governing body and giving information about scenic, historical, resort or recreational areas;
(b) Signs approved by the county governing body and giving information about community or civic enterprises of a noncommercial nature, or the proximity of tourist facilities, directions or distances for the information of the traveling public;
(c) Facility location signs of a public utility or telecommunications utility, when such signs are approved by the county governing body;
(d) Benches utilized as outdoor advertising signs, if approved by the county governing body; or
(e) Outdoor advertising signs on bus shelters erected or maintained for use by and convenience of customers of a mass transit district, a transportation district or any other public transportation agency, when such signs are approved by the county governing body. [1973 c.462 §4; 1987 c.403 §1; 1987 c.447 §143]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.955 - Posting notices, signs or pictures within view of county road on property of another without consent prohibited.

No person may paste, paint, brand or in any manner whatever place or attach to any building, fence, gate, bridge, tree, rock, board, structure or anything whatever on the property of another within view of a county road, without the written consent of the owner or person entitled to possession of such property, any written, printed or painted advertisement, bill, notice, sign, picture, card or poster. [1973 c.462 §5]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.960 - Authority of property owner to remove unlawfully posted matter.

The owner or person entitled to possession of any property described in ORS 368.955 may lawfully remove or destroy, without resort to legal proceedings, any advertisement, bill, notice, sign, picture, card or poster placed upon such property in violation of ORS 368.955. [1973 c.462 §6]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.990 - Penalties.

Violation of ORS 368.251, 368.256 or 368.942 is a Class C misdemeanor. [Subsection (4) enacted as 1973 c.462 §7; 1981 c.153 §70; 2011 c.597 §186]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 369 - Ways of Public Easement › Section 369.020 - Designation of county market roads as ways of public easement.

On or before January 1, 1974, county courts of the respective counties or city councils of the respective cities may take action to designate former "county market roads" as ways of public easement. If no designation is made, such roads shall become a part of the respective county or city road systems as of that date. [1973 c.240 §2 (enacted in lieu of 369.110, 369.120, 369.130, 369.140, 369.150, 369.160, 369.170, 369.180, 369.190, 369.200, 369.220, 369.230, 369.240, 369.250, 369.260, 369.270, 369.280 and 369.290)]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 369 - Ways of Public Easement › Section 369.025 - County market road within city.

Notwithstanding ORS 369.020 or any action pursuant thereto, a road within a city that was a designated county market road prior to January 1, 1974, shall be on the county road system until the county surrenders jurisdiction over the road within a city and the city accepts the county order and offer of surrender in the manner prescribed in ORS 373.270. [1975 c.362 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 370 - County Road Bonding Act › Section 370.010 - Authority to issue bonds.

(1) Any county may issue bonds for the purpose of raising money to be used for the construction and maintenance of permanent roads in that county.
(2) All moneys raised under the provisions of this chapter shall be used in constructing permanent public roads in that county, which roads, except as otherwise provided by law, shall be constructed by the county court under its exclusive jurisdiction and such expert assistants as it may employ.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 370 - County Road Bonding Act › Section 370.020 - Road work plans, specifications and bids.

The county court:
(1) Shall prepare plans and specifications of roads mentioned in ORS 370.010.
(2) Shall invite bids in conformity to such plans and specifications.
(3) May also receive and consider any and all bids in conformity to any plans and specifications furnished by any individual, firm or corporation offering to bid on such roads.
(4) May reject any and all bids.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 370 - County Road Bonding Act › Section 370.031 - Election procedure to determine issuance of bonds under ORS 370.010.

(1) This section establishes the procedure for determining whether a county shall issue bonds under ORS 370.010. The question shall be decided by election. The county court:
(a) May order the election on its own resolution; or
(b) Shall order the election when a petition is filed as provided in this section.
(2) The requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition in ORS 250.165 to 250.235.
(3) Notwithstanding subsection (2) of this section, if ORS 250.155 makes ORS 250.165 to 250.235 inapplicable to a county, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under the county charter or an ordinance adopted under the county charter.
(4) The order of the county court calling the election:
(a) Shall specify the amount of the bonds proposed to be issued, the length of time they shall run and the maximum rate of interest they shall bear; and
(b) May specify each road within the county to be built or improved by the money raised, the minimum amount to be expended on each road and the location of each road within the county, giving its beginning and terminus.
(5) Not later than the fourth day nor before the 15th day before an election under this section, the county court shall publish a notice of the election in a newspaper or newspapers designated by the county court. The notice shall state the date of the election, a ballot title and the information included in the order under subsection (4) of this section. The notice shall be published in at least one issue of the newspaper or newspapers.
(6) Only one election under this section may be held in a 12-month period. [1983 c.350 §233 (enacted in lieu of 370.030); 2007 c.154 §62]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 370 - County Road Bonding Act › Section 370.120 - County court’s use of money raised by sale of bonds.

If the county court in its order calling an election under ORS 370.031 designates the particular roads to be built or improved by the money raised by the sale of bonds, the county court shall not use any of the money raised upon any other road or for any other purpose than those mentioned in the order. If the order does not designate any particular roads to be built or improved by the money raised, then the county court may expend the money raised from the sale of the bonds to build, improve or maintain such permanent roads within the county as the county court considers proper. [Amended by 1983 c.350 §234]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 370 - County Road Bonding Act › Section 370.130 - Order declaring election results; contents and effect.

If at any election under ORS 370.031 a majority of the electors voting at the election favors issuing the bonds, the county court shall enter an order in its journal declaring that fact. This order shall:
(1) Be conclusive as to the regularity of all the proceedings in reference to the matter.
(2) Designate the amount of the total assessed valuation of all the property within the county.
(3) Designate the amount of all the previous debts and liabilities of the county incurred for road purposes and remaining unpaid.
(4) Be prima facie evidence as to the amount of the assessed valuation and the indebtedness. [Amended by 1983 c.350 §235]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 370 - County Road Bonding Act › Section 370.140 - Issuance of bonds.

After having entered the order as provided in ORS 370.130, the county court shall cause the bonds to be issued as prescribed in ORS chapter 287A. [Amended by 1981 c.94 §34; 2007 c.783 §175]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 370 - County Road Bonding Act › Section 370.150 - Issuance of serial in lieu of term bonds.

After the issuance of bonds has been authorized by an election held in accordance with ORS 370.031, 370.120 and 370.130, the county court, in lieu of bonds redeemable only at the time stated in the notice, may issue bonds and, in the order providing for their issuance, reserve the right to redeem any or all of them serially each year. When bonds are issued with such reservation, the redemption fund provided for in ORS 370.170 may be used each year, as it is collected, for the redemption of such proportion or percentage of the bonds as will redeem all of them at the end of the time fixed in the prior proceedings for maturity of the bonds, instead of being kept and deposited as provided by law or loaned as provided in ORS 370.200 until the final maturity of the bonds. [Amended by 1967 c.451 §21; 1983 c.350 §236]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 370 - County Road Bonding Act › Section 370.160 - Option to issue redeemable term or serial bonds.

In its discretion, the county court further may issue either term bonds or the serial bonds mentioned in ORS 370.150 with the option of redeeming them on and after certain interest-paying dates specified by the county court in the bonds. [Amended by 1997 c.171 §19; 2007 c.783 §176]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 370 - County Road Bonding Act › Section 370.170 - Special bond redemption funds.

Beginning with the fourth year after the bonds are sold the county court shall each year thereafter, until maturity of the bonds, set aside as a special fund for their payment such percentage of the face value of the bonds as at the date of their maturity shall aggregate their full face value. Where bonds are issued in different series maturing at different times a separate redemption fund shall be provided for each series.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 370 - County Road Bonding Act › Section 370.200 - Loan of redemption funds.

Whenever there are sufficient funds on hand in the bond redemption fund, the county treasurer with the approval of the county court may loan any money in the bond redemption fund, secured by first mortgage on improved real estate within the county at six percent interest per year. All applications for such loans shall be made in writing to the county treasurer, shall state the amount of the loan applied for and the security offered and shall be numbered consecutively as received and passed upon by the county court. The county court shall require an abstract of title of property and a written opinion from the district attorney of the county concerning the validity of the title of the lands offered as security. The county court may authorize or reject any loan. No loan shall be made in excess of 50 percent of the assessed valuation of the property offered as security. No expense shall be incurred by the county in loaning any such funds.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 370 - County Road Bonding Act › Section 370.240 - Warrants in lieu of bonds.

(1) After the issuance of bonds has been authorized by an election held in accordance with ORS 370.031, 370.120 and 370.130, the county court, in lieu of the issuance of any or all such bonds, may issue warrants drawn upon the county treasury for the purpose of securing any or all funds sought to be secured by the issuance of such bonds.
(2) These warrants shall be in denominations of $50, or multiples thereof up to $1,000, and shall bear the same rate of interest as the bonds would bear in lieu of which the warrants are issued.
(3) No such warrants shall become due at any specified time, but shall be redeemable by the county at any time in the same manner as other county warrants are redeemed or paid. [Amended by 1983 c.350 §237]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.055 - Formation of road districts.

For the purpose of improving county roads, as defined in ORS 368.001, or public roads within the boundaries of a city or drainage district, numbered road districts may be formed from contiguous territory within the county. [Amended by 1971 c.727 §101; 1989 c.593 §3]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.060 - Drainage districts and cities as separate road districts.

Every drainage district consisting of 5,000 acres or more, and every city, shall constitute a separate road district. The county court shall not divide such territory to include any of it in any other road district unless the people of the drainage district or city, by majority vote at an election held pursuant to law, vote that the territory be included by the county court in a road district established by the county court. The county court may include in the road district of any drainage district contiguous property adjoining or adjacent to such drainage district, but in no event shall the total area added by the county court be more than 50 percent of the area of the drainage district. [Amended by 2003 c.802 §101]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.065 - Construction, maintenance and repair in drainage road district; tax levy.

Any construction, maintenance and repairs on roads within the boundaries of a drainage road district shall be only on such public roads, as defined in ORS 368.001, within the district as are designated by order of the board of supervisors of the drainage district. The board of supervisors of such drainage district may cooperate with the county court in construction, maintenance and repairs on roads within the boundaries of the drainage district, and for this purpose may levy in any one year a tax on every acre of land in the district in the proportion that the acre is benefited by the proposed construction, maintenance or repair, but in no event to exceed $1 for any one acre. The amount of the tax shall be certified to the county assessor of each county in which lands of the district are situated, and thereafter collected in the same manner as the annual installment of drainage tax is certified and collected. [Amended by 1981 c.153 §71]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.067 - Construction, maintenance and repair in city road district.

Any construction, maintenance and repairs on roads within the boundaries of a city that constitutes an entire and separate road district under ORS 371.060 shall be only on such public roads, as defined in ORS 368.001, within the district as are designated by order of the governing body of the city. The governing body of the city may cooperate with the county court in construction, maintenance and repairs on roads within the boundaries of the city. [1989 c.593 §2; 2003 c.802 §102]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.075 - Petition for grade change or other road improvement; investigation and report; granting petition.

Upon the petition of 12 or a majority of the resident freeholders of any road district, approved by the roadmaster, praying for a change in grade or other extensive improvements to a public road as defined in ORS 368.001, the county court shall instruct the county surveyor, engineer or roadmaster to proceed as soon as convenient to the place named in the petition and make such investigations, surveys or estimates as the county court requires and report the same in writing to the county court, setting forth all material matters necessary to fully advise the county court. If the county court determines in favor of such improvement, it shall grant the petition and proceed to make the change in grade or improvements. [Amended by 1981 c.153 §72]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.097 - Levy of taxes; application of Local Budget Law.

(1) A road district may assess, levy and collect each year an ad valorem tax on all taxable property within the road district.
(2) Ad valorem taxes authorized by this section shall be paid in money and shall be levied and collected in the same manner as other county taxes.
(3) Notwithstanding ORS 294.316 (5), 294.305 to 294.565 apply to the road district for each fiscal year in which ad valorem taxes are assessed and levied by the district. [1987 c.667 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.105 - Tax as special fund; use of fund.

(1) All tax moneys levied and collected by the road district shall be credited and kept as a special fund by the county treasurer to the account of the road district. No part of such fund shall be transferred or loaned.
(2) Except as provided in subsection (3) of this section, the whole amount of the tax moneys levied and collected by the road district shall be expended under the supervision of the county court upon roads within the road district boundary of the district voting the tax as the boundaries existed at the time the tax was voted, and not elsewhere.
(3) The fund collected from taxes levied and assessed by a road district comprising and constituted from a city, and from property situated within the city, shall be expended under the supervision of the governing body of the city and not under the supervision of the county court. This fund shall be paid over to the city by the county treasurer when collected. [Amended by 1983 c.350 §240; 1985 c.307 §3; 1987 c.667 §3; 1989 c.593 §4; 2003 c.802 §103]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.110 - Effect of change of district boundaries on road tax levy; filing boundary change with county assessor and Department of Revenue.

(1) If the boundaries of any road district are changed after the levy of any road tax in or for such road district and before the expenditure of the tax, provision shall be made by the county court for such expenditure in the localities contemplated at the time of levy, notwithstanding the change in boundaries.
(2) 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. [Amended by 2001 c.138 §19]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.305 - Authority to form special road districts.

Contiguous territory lying within any county and not incorporated within the limits of a city may be formed into, or included in, a special road district in the manner provided by ORS 371.305 to 371.360. [Amended by 1961 c.681 §1; 1965 c.498 §4; 2003 c.802 §104]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.318 - Formation order to declare whether district board to be elected or appointed; change in method of selecting board; cost of election.

(1) If a county court approves a petition for formation of a special road district, the order of the county court declaring the formation shall also declare, in addition to other matters specified in ORS 198.810, whether the commissioners of the district shall be appointed by the county court or elected by the electors of the district.
(2) When a special road district is situated within a county, the county court, by ordinance, may provide for a change in the method of selection of the commissioners of the district. The ordinance shall specify whether election or appointment shall be the method of selecting commissioners and shall prescribe the procedures for effecting the change.
(3) When a county court, by an order or ordinance described in this section, requires the commissioners of a special road district to be elected, the county shall pay the costs of conducting the elections at which the commissioners of the district are elected. [1999 c.764 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.330 - Appointment of first commissioners.

If a proposal for formation of a district is approved and the proposal specifies an appointed district board of commissioners, the county court shall appoint three persons with the qualifications described in ORS 371.338 (1) to be the first commissioners of the district and shall designate the term of office of each. [Amended by 1961 c.681 §2; 1965 c.498 §6; 1971 c.727 §102; 1999 c.764 §3]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.336 - Purpose and powers of district.

A special road district may be formed for the purpose of improving roads within the district. A special road district has the power:
(1) To make contracts.
(2) To acquire, hold, receive and dispose of real and personal property.
(3) To sue and be sued.
(4) To exercise the power of eminent domain.
(5) To assess, levy and collect taxes on all taxable real property within the district.
(6) To do any other act necessary to carry out the purposes of ORS 371.305 to 371.360. [1961 c.681 §5; 1963 c.9 §20; 1965 c.498 §7; 1969 c.568 §2; 1971 c.727 §103; 1987 c.667 §6; 2003 c.802 §105]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.338 - District board of appointed commissioners; qualification; term; vacancies; oath.

(1) The powers of a special road district are vested in a district board of commissioners consisting of three commissioners appointed by the county court. Each commissioner shall be an elector of the district. The term of office of a commissioner is three years commencing on January 1 of the year of appointment. Vacancies on the board shall be filled by the county court by appointment for the unexpired term.
(2) Notwithstanding the three-year term of office prescribed in subsection (1) of this section, of the commissioners first appointed to a board one commissioner shall be appointed for a term ending December 31 of the second year following the year in which that commissioner first takes office, one commissioner for a term ending December 31 of the year following the year in which that commissioner first takes office and one commissioner for a term ending December 31 of the year in which that commissioner takes office.
(3) Before entering upon the duties of office, a commissioner shall take and subscribe an oath to support the Constitution and laws of the State of Oregon and of the United States, and to well and faithfully perform the duties of office to the best of the commissioner’s knowledge and ability. [1961 c.681 §6; 1983 c.83 §81]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.342 - Officers of appointed district board; meetings; records.

As soon as possible after the first commissioners are appointed to the district board of commissioners, and thereafter during each January, the board shall meet and organize by selecting from their number a president, a secretary and a treasurer. The board shall hold one regular meeting each month at a time and place within the district designated by the board. All meetings of the board shall be open to the public and the records of the district shall be available for public inspection. [1961 c.681 §§7,8; 1969 c.344 §5; 1969 c.345 §7]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.347 - Alternative provisions for elected board of commissioners.

When a special road district has an elected district board of commissioners, ORS 371.349 and 371.351 are effective in that district in lieu of ORS 371.338 and 371.342. [1999 c.764 §5]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.349 - District board of elected commissioners; qualification; term; vacancies; oath.

(1) The powers of a special road district are vested in a district board of commissioners consisting of three commissioners elected by the electors of the district. Each commissioner shall be an elector of the district. The term of office of a commissioner is four years commencing on July 1 following the date of election. A commissioner may serve until a successor is elected and qualified. Vacancies on the board shall be filled by the district board by appointment for the unexpired term.
(2) Notwithstanding the four-year term of office prescribed in subsection (1) of this section, of the commissioners first elected to a board, the term of one commissioner shall end on June 30 of the second year following the year in which that commissioner first takes office.
(3) ORS chapter 255 governs the nomination and election of the commissioners of a special road district and the conduct of all elections in the district.
(4) Before entering upon the duties of office, a commissioner shall take and subscribe an oath to support the Constitutions and laws of the State of Oregon and of the United States, and to well and faithfully perform the duties of office to the best of the commissioner’s knowledge and ability. [1999 c.764 §6]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.351 - Officers of elected district board; meetings; records.

As soon as possible after the first commissioners are elected to the district board of commissioners, and thereafter during each July, the board shall meet and organize by selecting from their number a president, a secretary and a treasurer. The board shall hold one regular meeting each month at a time and place within the district designated by the board. All meetings of the board shall be open to the public and the records of the district shall be available for public inspection. [1999 c.764 §7]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.353 - Establishment of zones within special road district.

The district board of a special road district located in a county of between 3,000 and 3,500 square miles and with a population of between 100,000 and 200,000 may seek elector approval to divide the district into zones for the purpose of imposing and levying property taxes at a different rate and amount on the assessed value of all taxable property in each zone. The establishment of zones within a district under ORS 371.353 to 371.357 must be based upon and reflect qualitative differences in the services provided by the district to the residents and their property in each zone. [2001 c.553 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.354 - Notice and public hearing.

(1) The district board of a special road district seeking to establish tax zones under ORS 371.353 to 371.357 shall cause a notice of a public hearing relating to the formation of the tax zones to be published once a week for two successive weeks in the newspaper in general circulation in the district that, in the judgment of the district board, will afford the best notice to the residents of the district.
(2) The notice published under this section shall set forth:
(a) The resolve of the district board to divide the district into zones.
(b) The boundaries of the proposed zones.
(c) The estimated percentage of the total amount of ad valorem taxes of the district that will be collected in each zone.
(d) The date, hour and place of the hearing.
(e) That all interested persons may attend and shall be given a reasonable opportunity to be heard. [2001 c.553 §3]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.356 - Election to approve zones within special road district.

(1) Following the notice required under ORS 371.354, the district board of a special road district seeking to establish tax zones shall conduct a public hearing at which district residents and property owners may testify about the proposed zones.
(2) Following the hearing, if the district board decides to proceed, the district board shall submit a measure to the electors of the district that establishes the zones and zone boundaries. The measure shall state the operating tax rates proposed to apply to each zone, stated as a percentage, not to exceed 100 percent, of the lesser of the district’s statutory or permanent rate limit. The measure may contain any other provisions deemed necessary by the district board.
(3) The measure shall be approved and the tax zones established if a majority of district electors voting on the question vote in favor of the measure.
(4) If district electors establish tax zones within a road district pursuant to this section, the operating tax rate applicable to each zone may not be modified for three tax years following zone establishment.
(5) If tax zones within a road district are established under this section, zone boundaries may not be changed unless notice of the zone boundary change is given and elector approval of the change is obtained in the same manner as zones are established under ORS 371.353 to 371.357. [2001 c.553 §4]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.357 - Ad valorem property taxation; operating tax rate limits.

(1) If a special road district is divided into tax zones under ORS 371.353 to 371.357, the district board shall determine, make and declare each item of ad valorem property tax, as set forth in ORS 310.060 (2), for each zone when the district board adopts its budget for any fiscal year.
(2) The operating tax rate for each tax zone of the district may not exceed the lesser of the statutory or permanent rate limit for operating taxes of the district established under ORS 310.200 to 310.242 or section 11 (3), Article XI of the Oregon Constitution. [2001 c.553 §5]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.359 - Filing boundary change with county assessor and Department of Revenue.

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. [2001 c.138 §21]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.360 - Deposit of tax proceeds in bank.

(1) The proceeds of the tax levied and collected for the district shall be deposited in a bank or banks designated by the district board of commissioners. Such moneys shall be paid out only upon order of the board by checks or drafts signed by the president and treasurer of the board. All deposits of any district in any bank in excess of the amount protected by Federal Deposit Insurance Corporation insurance shall be secured by deposit of bonds of the United States.
(2) Any moneys on deposit in a county treasury in a special fund of a road district on August 9, 1961, shall be paid to the district board of commissioners for deposit as provided in subsection (1) of this section. [Amended by 1961 c.681 §13]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.385 - Certain tax limitations not in effect after August 22, 1969.

If any district existing on August 22, 1969, had a tax limitation set forth in the petition for formation as provided by ORS 371.310, prior to amendment by section 1, chapter 568, Oregon Laws 1969, the limitation stated in such petition shall not be effective to limit the taxing authority of any such district after August 22, 1969. Such limitation shall be construed to be effective only to limit taxes levied prior to August 22, 1969, and after the formation of the district. [1969 c.568 §3]
Note:
371.385 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 371 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.405 - Definitions for ORS 371.405 to 371.535.

As used in ORS 371.405 to 371.535:
(1) "County court" includes the board of county commissioners sitting for the transaction of general county business.
(2) "District" means a road assessment district organized under ORS 371.405 to 371.535. [Amended by 1955 c.227 §1; 1971 c.647 §69; 2003 c.802 §106]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 371 - Road Districts and Road Assessment Plans › Section 371.410 - Formation of road assessment district in counties with 19,000 to 25,000 population; effect of population increase.

(1) A road assessment district may be formed in any county having a population of 19,000 and not more than 25,000, as shown by the decennial federal census, and shall consist of an area of more than 20,000 acres or an assessed valuation of taxable property of not less than $1 million, according to the last county assessment roll. A road assessment district may be formed to provide for the improvement, repair or reconstruction of the public roads within such area of land.
(2) A road assessment district formed under subsection (1) of this section shall continue in existence under the provisions of ORS 371.405 to 371.535 notwithstanding a growth in population exceeding 25,000, as shown by a subsequent decennial federal census, in the county where the road district was formed. [Amended by 1955 c.227 §2; 1971 c.727 §104; 1981 c.69 §1]