72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 3261
Sponsored by Representative HANSEN (at the request of Multnomah
County Drainage District #1)
CHAPTER ................
AN ACT
Relating to drainage district; creating new provisions; and
amending ORS 547.105 and 547.110.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 547.105 is amended to read:
547.105. Within 30 days after any drainage district has been
organized under the provisions of the Drainage District Act, the
county clerk of the county in which the petition was filed shall
call a meeting of the owners of land situated in the district for
the purpose of electing a board of { - three - }
supervisors { + with three or five supervisors as determined by
the owners of land within the district + }. Notice of the meeting
shall be given by publication in some newspaper published in each
county in which lands of the district are situated, at least 10
days before the date of the meeting. The supervisors shall be
owners of land in the district. The landowners, assembled at the
place and time required by the notice, shall organize by the
election of a chairperson and secretary of the meeting who shall
conduct the election. Each owner is entitled to one vote in
person or by proxy for each acre of land owned by the owner in
the district. The three { + or five + } persons receiving the
highest number of votes shall be declared elected as supervisors.
They shall immediately by lot determine the terms of their
office { + . + } { - , which shall be, respectively, - }
{ + If three supervisors are elected, the supervisors shall
serve, respectively, + } one, two and three years. { + If five
supervisors are elected, one supervisor shall serve one year, two
supervisors shall serve two years, and two supervisors shall
serve three years. + } { - They - } { + The supervisors first
elected + }shall serve until their successors are elected and
qualified. The majority of the acreage represented shall be
necessary to constitute a quorum for the transaction of business
at all landowners' meetings; provided, however, that when in any
year a district shall fail to have a quorum at its annual meeting
called pursuant to ORS 547.110 then the quorum for the annual
meeting for the succeeding year shall be at least 35 percent of
the acreage represented.
SECTION 2. ORS 547.110 is amended to read:
547.110. In the same month of each year after the election of
the first board of supervisors, the board shall call a meeting of
the owners of land in the district, after giving notice in the
manner provided for in ORS 547.105. The owners shall meet at the
Enrolled House Bill 3261 (HB 3261-INTRO) Page 1
time and place fixed by the board and elect one { + or two
supervisors + }
{ - supervisor - } in the manner prescribed in ORS 547.105,
who shall hold office for three years and until a successor is
elected and qualified. However, after the report of the
commissioners has been confirmed by the court under the
provisions of ORS 547.235, only the owners of the land having
benefits attributed to the land shall be entitled to vote at the
annual meetings held under the provisions of this section.
SECTION 3. { + Section 4 of this 2003 Act is added to and made
a part of ORS 547.105 to 547.150. + }
SECTION 4. { + (1) At least six months prior to an annual
meeting of a drainage district, the board of supervisors of the
drainage district may change the number of supervisors elected to
the board, effective at the next annual meeting, by a motion
approved by the affirmative vote of a majority of the
supervisors.
(2) If the board of supervisors acts under subsection (1) of
this section:
(a) To change the number of supervisors on the board, the board
shall notify the county clerk of the county in which the petition
to form the district was filed and the Secretary of State at
least six months prior to the annual meeting at which one or more
supervisors will be added to or removed from the board or within
30 days of taking action under subsection (1) of this section,
whichever is later.
(b) To reduce the number of supervisors from five to three, the
board shall phase in the change, beginning at the next annual
meeting, in a manner that allows each supervisor to serve the
full term to which the supervisor was elected. If the decision is
made to reduce the number of supervisors from five to three at an
annual meeting at which only one supervisor is scheduled to be
elected, the election must be canceled and the supervisor whose
term is ending shall continue in office until the following
annual meeting. At the following annual meeting, the terms of two
more supervisors will end, and only one supervisor will be
elected. + }
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Passed by House April 18, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 9, 2003
...........................................................
President of Senate
Enrolled House Bill 3261 (HB 3261-INTRO) Page 2
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 3261 (HB 3261-INTRO) Page 3