Chapter 707 Oregon Laws 2001

AN ACT

HB 3418

Relating to bonded indebtedness of special districts; amending ORS 198.810.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 198.810 is amended to read:

198.810. (1) If the county board approves the petition for formation, as presented or as modified, or if the boundary commission does so and transmits its approval to the county board in accordance with ORS 199.480, 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 (2) 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.

(2) An election shall 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.

(3)(a) Notwithstanding subsections (1) and (2) of this section, if the petition for formation includes a permanent rate limit for operating taxes for the proposed district and the petition is approved by the county board or boundary commission, an election on the question of forming the district shall be held.

(b) Notwithstanding subsections (1) and (2) of this section, if the petition for formation includes, in addition to the permanent rate limit for operating taxes, a separate ad valorem tax for bonded indebtedness for capital construction within the proposed district and the petition is approved by the county board, an election on the question of incurring the bonded indebtedness shall be held at the same time as the election on the question of formation of the district. 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.

(4) Notwithstanding subsection (2) of this section and ORS 198.815, 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 to 255.205. If such an order of a boundary commission is referred to the electors, the order shall 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.

Approved by the Governor July 2, 2001

Filed in the office of Secretary of State July 2, 2001

Effective date January 1, 2002

__________