71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3418
Sponsored by Representative VERGER, Senator MESSERLE (at the
request of Siuslaw Parks and Recreation District)
CHAPTER ................
AN ACT
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. + }
Enrolled House Bill 3418 (HB 3418-INTRO) Page 1
(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.
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Passed by House May 22, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 18, 2001
...........................................................
President of Senate
Enrolled House Bill 3418 (HB 3418-INTRO) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3418 (HB 3418-INTRO) Page 3