ORS 261.200
Proclamation of district formation or boundary change

  • special levy
  • property owner petition

(1)

If a majority of votes cast at the election favors formation of the people’s utility district and authorization of the district to impose a special levy for the purposes stated in the petition for formation, or annexation of a parcel of territory or a city to an existing district, or consolidation of two or more districts, as the case may be, and in conformity with provisions of ORS 261.105 (Powers of district) and 261.110 (Areas includable in district), the county governing body shall issue a proclamation accordingly and file a certified copy with the county clerk of each county where the district or any portion thereof is located. The proclamation for formation of a district shall be in substantially the following form:

Whereas at an election duly and regularly held on the ___ day of ______, 2___, within ______ County (or ______ Counties), State of Oregon, and within the boundaries of a proposed district as herein described, there was submitted to the electors thereof the question whether or not a people’s utility district should be incorporated as the (here insert name of district) and to give authority to impose a special levy of $_____ under and pursuant to the provisions of ORS chapter 261; and
Whereas at the election so held ___ votes were cast in favor of incorporation, and ___ votes were cast against incorporation; and
Whereas the incorporation of the (here insert name of district) received the affirmative vote of the majority of the votes cast at the election;
Now, therefore, the undersigned hereby does proclaim and declare that all of that part of the State of Oregon, described as (here insert description) has been duly and legally incorporated as the ______ People’s Utility District under and pursuant to the Constitution and laws of the State of Oregon, and the district has the authority to collect the sum of $_____ by special levy against the taxable property within the district.
Chairperson of the County Governing Body.
By ____________

(2)

The proclamation for annexing a parcel of territory or a city to an existing district or the consolidation of two or more existing districts, or both, shall be adaptations of the above proclamation.

(3)

The proclamation of formation, with the notice of boundary change under ORS 308.225 (Boundary changes), shall be filed by the district with the county assessor of each county in which any portion of the district is situated, who shall thereupon enter the special levy.

(4)

Expenditure of the moneys received from the special levy for the purposes stated in the petition for district formation may be made by the district without prior adoption of a budget under ORS 294.305 (Sections constituting Local Budget Law) to 294.565 (Failure to file copy of required budget, reports or other documents).

(5)

Following proclamation of formation of a district, any person whose property has been improperly included within a district, contrary to the provisions of ORS 261.110 (Areas includable in district) (5) or (7), may petition a county governing body to revise the district boundaries to exclude the property. After notice to the district, and a hearing on the petition, the county governing body shall revise the district boundaries to exclude such property as it finds should not have been included within the district under the standards set forth in ORS 261.110 (Areas includable in district) (5) or (7). Upon such findings and boundary revisions a district shall be permitted to refund related taxes paid that are based upon assessments made after January 1, 1978. Boundary revisions shall comply with ORS 308.225 (Boundary changes). The remedy provided in this subsection shall be available only to persons owning property in districts which were formed after January 1, 1978. [Amended by 1973 c.796 §13; 1979 c.558 §17; 1981 c.758 §2; 2003 c.14 §124; 2003 c.802 §73; 2017 c.26 §7]

Source: Section 261.200 — Proclamation of district formation or boundary change; special levy; property owner petition, https://www.­oregonlegislature.­gov/bills_laws/ors/ors261.­html.

261.005
Short title
261.007
Policy
261.010
Definitions
261.025
Statutory provisions cumulative
261.030
Limit of authority to control existing utilities of electric cooperatives or cities
261.035
Effect of chapter on charter provisions of cities and acquisition of plants
261.045
Procedure in absence of specific provision
261.050
Taxation of district property
261.055
Special elections called by board
261.060
Election procedure
261.065
Application of initiative, referendum and recall laws
261.105
Powers of district
261.110
Areas includable in district
261.113
Petition or resolution for formation to propose special levy for certain purposes
261.115
Contents of electors’ petition
261.118
Withdrawal from petition
261.121
Basis of computing percentage of petition signatures
261.131
Period for county clerk to certify petition
261.141
Formation, annexation or consolidation by resolution
261.147
Resolution to remove territory not served by district
261.151
Hearing by Director of State Department of Energy on district formation
261.161
Hearing by county governing body
261.171
County governing body to call election
261.180
Effect of annexation or consolidation on title to property and indebtedness
261.190
Election of first board of directors
261.200
Proclamation of district formation or boundary change
261.210
Payment of election expenses
261.215
When district formed
261.220
Mandamus to compel performance of its duties by county governing body
261.225
State agencies and private utilities to provide new district certain information
261.235
Definitions for ORS 261.235 to 261.255
261.240
Policy
261.241
Membership in electric cooperative or limited liability corporation
261.245
Authority of district to acquire interest in power facilities
261.250
District liability
261.253
Restriction on public contract imposing unconditional or unlimited financial obligation on electric utility
261.255
Use of district money or property
261.305
General powers of district
261.310
Irrigation, drainage, other districts given power of utility district in certain cases
261.315
Acquisition of distribution facilities outside district
261.325
Acquisition of water rights
261.327
Acquisition of distribution facilities of private utility
261.330
District water right appropriation exclusive if not excessive
261.335
Districts subject to public contracting and purchasing requirements
261.345
Employment of labor
261.348
Transactions for production, supply or delivery of electricity
261.350
Agreements for use of excess district facilities
261.355
Procedure for issuance and sale of revenue bonds
261.360
Authority to issue general obligation bonds
261.365
Bond requirements
261.371
Authority to issue and sell revenue bonds
261.375
Election to authorize district bond issue
261.380
Refunding district indebtedness
261.385
Levy and collection of taxes for certain purposes
261.390
Property taxable
261.405
Board of directors
261.410
Nomination and election of directors of established districts
261.415
Vacancy in office of director
261.420
Terms of office of directors
261.425
Officers of board
261.430
Board meetings
261.445
Appointment and removal of district manager
261.460
Legislative function of board
261.465
Board supervision and regulation of district utilities
261.470
Accounting system adopted by board
261.605
Testing validity of certain commission and board proceedings
261.610
Nature of proceeding
261.615
Appeal to Court of Appeals
261.620
Guidance for court determination
261.625
Costs of proceeding
261.630
Institution of proceeding by elector
261.635
Procedure exclusive
261.705
Authority to dissolve district
261.710
Call of election
261.715
Directors as trustees
261.720
Inventory and sale of district property
261.725
Disposal of sale proceeds
261.730
Disposal of district books and records
261.900
Construction
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