ORS 198.810
Order for formation

  • final hearing
  • election
  • voter approval to incur bonded indebtedness

(1)

The county board shall approve, modify or reject a petition for formation using only the criteria set forth in ORS 198.805 (Conduct of hearing).

(2)

If the county board approves the petition for formation, as presented or as modified, or if the boundary commission considers the petition for formation pursuant to ORS 198.800 (Formation petition) (1)(a), approves the petition, as presented or as modified, and transmits its approval to the county board in accordance with ORS 199.480 (Filing of major boundary change order), the county board shall enter an order so declaring. The order shall set forth the name of the district and the boundaries as determined by the board or by the boundary commission. The order shall also fix a place, and a time not less than 20 nor more than 50 days after the date of the order, for a final hearing on the petition. The order shall declare that if written requests for an election are not filed as provided by subsection (3) of this section, the board, at the time of the final hearing, will enter its order creating the district. The board shall cause notice of the hearing to be given by publication.

(3)

An election may not be held unless written requests for an election are filed at or before the hearing by not less than 15 percent of the electors or 100 electors, whichever is the lesser number, registered in the proposed district.

(4)

Notwithstanding subsections (2) and (3) of this section, if the petition for formation includes:

(a)

A permanent rate limit for operating taxes for the proposed district and the petition is approved by the county board or boundary commission, as presented or as modified, the county shall hold an election on the question of forming the district.

(b)

In addition to the permanent rate limit for operating taxes, a separate ad valorem tax for bonded indebtedness for capital construction, capital improvement or capital costs, as those terms are defined in ORS 310.140 (Legislative findings), within the proposed district and the petition is approved by the county board, as presented or as modified, the county shall hold an election on the question of incurring the bonded indebtedness when the election on the question of formation of the district is held. The question on incurring bonded indebtedness may be approved only if electors approve formation of the district, and the ballot measure must clearly state that the bonded indebtedness may be approved only if electors approve formation of the district.

(5)

Notwithstanding subsection (3) of this section and ORS 198.815 (Election on formation), an order of a boundary commission authorizing a county service district established to provide sewage works to also provide drainage works shall be effective upon the filing of the order with the county board. The order of the boundary commission is subject to referendum by the electors of the county service district in the manner provided for district measures under ORS 255.135 (Prospective petition) to 255.205 (Retention of petition materials). If the order of a boundary commission is referred to the electors, the order does not take effect until the order is approved by a majority of the votes cast on the question and the results of the election are certified. The question in the ballot title for a measure referred under this subsection shall be worded so that an affirmative response to the question corresponds to a vote in favor of authorizing the county service district to provide drainage works. [1971 c.727 §26; 1983 c.83 §10; 1983 c.336 §21; 1989 c.92 §6; 1989 c.374 §1; 1997 c.541 §345; 2001 c.707 §1; 2005 c.747 §3; 2013 c.491 §6]

Source: Section 198.810 — Order for formation; final hearing; election; voter approval to incur bonded indebtedness, https://www.­oregonlegislature.­gov/bills_laws/ors/ors198.­html.

Attorney General Opinions

“Final hearing” as occurring only after board has “approved petition,” (1972) Vol 36, p 107

198.010
“District” defined for chapter
198.115
Barring district employees from membership on governing board
198.180
“District” defined for ORS 198.190
198.190
Compensation and expenses of governing body members
198.210
“District” defined for ORS 198.220
198.220
Bond or letter of credit for member of district governing body
198.310
“District” defined for ORS 198.320
198.320
Filling of vacancies on governing bodies of certain districts
198.335
Definitions for ORS 198.335 to 198.365
198.340
Designation of registered office and agent
198.345
Effect of failure to file certain reports
198.350
Financial statement
198.355
Hearing on dissolution
198.360
Continuation or termination of district
198.365
County board as trustees for inactive district
198.410
Definition for ORS 198.425 and 198.430
198.425
Recall of district officers generally
198.430
Recall of officers of districts other than districts defined in ORS 255.012
198.440
Statement of justification from affected officer
198.510
Definitions for ORS 198.510 to 198.600
198.530
Procedure for adopting, amending or repealing ordinances or regulations
198.540
Notice prior to adoption of ordinance affecting regulation
198.550
Publication of ordinance
198.560
Filing of ordinance
198.570
When ordinances take effect
198.590
Petition to adopt, amend or repeal ordinance
198.600
Penalty for violation of regulations
198.605
Local service districts
198.608
Unfunded PERS liability or surplus upon split, consolidation or merger of districts
198.611
Power of district to contract for purchase or lease of real or personal property
198.705
Definitions for ORS 198.705 to 198.955
198.715
Short title
198.720
Boundaries
198.725
Procedure when two counties affected
198.727
Merger or consolidation
198.730
Notice
198.735
Right of interested person to appear
198.740
Election procedure governed by law under which district operates
198.745
Content of resolution calling election
198.747
Effective date of boundary change
198.748
Prospective petition for formation
198.749
Economic feasibility statement for district formation
198.750
Content of petition proposing formation or change of organization
198.755
Number of signatures required
198.760
Requirements for signers of petition
198.765
Requirements for filing petition
198.770
Method of determining validity of landowner signatures
198.775
Security deposit to accompany petition
198.780
Filing of duplicates of certain documents
198.782
Documents to be filed with Secretary of State before business transacted
198.785
Proceeding to contest validity of formation or change of organization
198.790
Rights of creditors after change of organization
198.792
District formation or annexation proceedings to relieve public health danger
198.793
Change of district name
198.794
Effect of district name change
198.795
Jurisdiction over district formation
198.800
Formation petition
198.805
Conduct of hearing
198.810
Order for formation
198.813
Formation of county service district for water management services in Washington County
198.815
Election on formation
198.820
Order by county board
198.825
Election of first members of board when no formation election required
198.830
Petition for formation by all landowners in proposed district
198.835
Order for formation of district in single county
198.840
Notice of hearing
198.845
Costs
198.850
Annexation petition or resolution
198.855
Annexation election
198.857
Annexation without election by petition of landowner
198.860
Effect of annexation order
198.866
Annexation of city to district
198.867
Approval of annexation to district by electors of city and district
198.869
Annexation contract
198.870
Petition for withdrawal of property from district
198.875
Election on withdrawal petition
198.880
Effect on withdrawn area
198.882
Tax relief to withdrawn area
198.885
Merger of districts
198.890
Consolidation of districts
198.895
Initiation of merger and consolidation
198.900
Content of petition for annexation, merger or consolidation
198.902
Application of district petition requirements to cities
198.903
Joint assembly of governing bodies of affected districts or cities
198.905
Certification of election results
198.910
Joint meeting of governing bodies of merged or consolidated districts and cities
198.912
Apportionment of board members for certain surviving or successor districts
198.915
Election of board members at regular district election
198.920
Dissolution procedure
198.925
Findings of fact by district board
198.927
Annexation of dissolved district
198.930
Plan for dissolution and liquidation
198.935
Election on dissolution
198.940
Dissolution without election
198.945
Trustees for dissolved district
198.950
Power of trustees to convey assets
198.955
Disposition of assets
Green check means up to date. Up to date