Chapter 562
AN ACT
HB 3538
Relating to heritage districts; creating new
provisions; and amending ORS 174.116, 198.010, 198.180, 198.510, 198.520,
198.705, 198.710, 199.420 and 255.012.
Be It Enacted by the People of
the State of
SECTION 1. As used in sections 1 to 17 of this 2007
Act, unless the context requires otherwise:
(1) “County” means the
county in which the administrative office of the district is located.
(2) “County governing
body” means the county court or board of county commissioners of the county.
(3) “District” means a
heritage district formed under ORS 198.705 to 198.955 and sections 1 to 17 of
this 2007 Act.
(4) “District board” or “board”
means the governing body of a district.
SECTION 2. (1) A heritage district may be created as
provided in ORS 198.705 to 198.955 and sections 1 to 17 of this 2007 Act.
(2) In addition to other
required matters, a petition for formation of a district shall state the method
of election of the board of the proposed district from among the methods
described in section 8 of this 2007 Act.
SECTION 3. (1) In addition to other methods for
formation of a heritage district authorized under ORS 198.705 to 198.955 and
sections 1 to 17 of this 2007 Act, the governing body in each of two or more
counties may initiate the formation of a multicounty district, to be located
entirely within those counties, by an order setting forth:
(a) The intention of the
county governing body to initiate the formation of a district and citing the
principal Act.
(b) The name and
boundaries of the proposed district.
(c) The date, time and
place of a public hearing on the proposal.
(2) The orders issued
under subsection (1) of this section must be substantially similar, set forth
the same name and boundaries for the proposed district and be issued within a
90-day period.
(3) Each county
governing body issuing an order under this section shall hold a public hearing
on the proposal.
(4) After the public
hearings held by each county governing body, further hearings and the election
on the proposal, and election of board members, shall be conducted as provided
by ORS 198.800 to 198.825 except that:
(a) Hearings shall be
conducted by the governing body of the principal county involved in the
proposed formation; and
(b) Notwithstanding ORS
198.810 (3), the governing body of the principal county shall
provide by order for the holding of an election to submit to the electors
registered within the proposed district the question of forming the district.
(5) As used in this
section:
(a) “Principal Act” has
the meaning given that term in ORS 198.705.
(b) “Principal county” has the meaning given that term in ORS 198.705.
SECTION 4. (1) The officers of a heritage district
shall be a board of five members, to be elected by the electors of the
district. The district board shall appoint a representative of the museums in
the district to serve as secretary of the district.
(2) Any elector residing
within the district shall be qualified to serve as a district board member.
SECTION 5. (1) Five district board members shall be
elected at the election for heritage district formation. Nominating petitions
or declarations of candidacy described in ORS 249.031 shall be filed with the
county governing body. The fee for a declaration of candidacy shall be as
prescribed in ORS 255.235.
(2) If the effective
date of the formation of the district occurs in an odd-numbered year, two
district board members shall be elected for four-year terms and the other three
district board members shall be elected for two-year terms. If the effective
date of the formation occurs in an even-numbered year, two district board
members shall be elected for three-year terms and the other three district
board members shall be elected for one-year terms.
(3) Each district board
member shall hold office until election and qualification of a successor.
SECTION 6. (1) ORS chapter 255 governs the following:
(a) The nomination and
election of heritage district board members.
(b) The conduct of
district elections.
(2) The electors of a
district may exercise the powers of the initiative and referendum regarding a
district measure, in accordance with ORS 255.135 to 255.205.
SECTION 7. (1) If two or three board members of a
heritage district are to be elected at a regular district election at large,
the candidates receiving the highest number of votes shall be elected. If one
or more board members are to be elected by zone, the candidate receiving the
highest number of votes in each zone shall be elected.
(2) Each district board
member elected shall take an oath of office and shall hold office from July 1,
next following election.
(3) The district board
shall fill any vacancy on the board as provided in ORS 198.320.
(4) The term of a
district board member is four years.
SECTION 8. (1) Heritage district board members may be
elected by one of the following methods or a combination thereof:
(a) By the electors of
zones as nearly equal in population as possible according to the latest federal
census.
(b) At large by position
number by the electors of the district.
(2) Candidates for
election from zones shall be nominated by electors of the zones.
SECTION 9. (1) A heritage district may not change the
method for nominating and electing board members, unless the change is approved
by the electors of the district in an election held prior to the change in
method. The district board:
(a) May order the
election on its own resolution; or
(b) Shall order the
election when a petition is filed as provided in this section.
(2) Except as otherwise
provided in this section, the requirements for preparing, circulating and
filing a petition under this section shall be as provided for an initiative
petition in ORS 255.135 to 255.205.
(3) If the question
proposes creation of zones or a change in the number of existing zones, the
following requirements apply:
(a) The petition shall
contain a map indicating the proposed zone boundaries. The map shall be
attached to the cover sheet of the petition and may not exceed 14 inches by 17
inches in size.
(b) Notwithstanding ORS
250.035, the statement summarizing the measure and its major effect in the
ballot title may not exceed 150 words. The statement:
(A) Shall specify the
method of election of board members from among the methods described in section
8 of this 2007 Act. The statement also shall specify whether, in filling each
position on the board, an elector of the district may sign a petition of
nomination or vote for a candidate from any zone or only for a candidate from
the zone in which the elector resides.
(B) Shall include a
general description of the proposed boundaries of the zones, using streets and
other generally recognized features.
(c) The order calling
the election shall contain a map of the proposed zone boundaries and a metes
and bounds or legal description of the proposed zone boundaries. The map and
description shall be prepared by the county surveyor or county assessor and
shall reflect any adjustment made in the boundaries under subsection (6) of this
section.
(4) The map to be
contained in the petition under subsection (3) of this section shall be
prepared by the county surveyor or county assessor. The chief petitioners shall
pay the county for the cost of preparing the map, as determined by the county
surveyor or county assessor. The county clerk may not accept the prospective
petition for filing until the chief petitioners have paid the amount due.
(5) Subsection (3) of
this section does not apply if the question proposes abolition of all zones.
(6) Before submitting to
election a question to which subsection (3) of this section applies, the
district board shall adjust the proposed boundaries of the zones to make them
as nearly equal in population as feasible according to the latest federal census.
The district board shall amend the ballot title as necessary to reflect its
adjustment of the boundaries.
(7) If the electors of
the district approve the establishment of zones or a change in the number of
existing zones, board members shall continue to serve until their terms of
office expire. As vacancies occur, positions to be filled by nomination or
election by zone shall be filled by electors who reside within zones that are
not represented on the board. If more than one zone is not represented on the
board when a vacancy occurs, the zone entitled to elect a board member shall be
decided by lot.
SECTION 10. The board of a heritage district shall
adjust the boundaries of zones established within a district as necessary to
make them as nearly equal in population as is feasible according to the latest
federal census. The district board also shall adjust boundaries of zones as
necessary to reflect boundary changes of the district.
SECTION 11. For purposes of ad valorem taxation, a
boundary change of a zone established within a heritage district must be filed
in final approved form with the county assessor and the Department of Revenue
as provided in ORS 308.225.
SECTION 12. (1) The board of a heritage district shall
be the governing body of the district and shall exercise all powers thereof.
(2) At its first meeting
or as soon thereafter as may be practicable, the board shall choose one of its
members as president.
SECTION 13. The board of a heritage district has the
power:
(1) To have and use a common
seal.
(2) To sue and be sued
in its name.
(3) To make and accept
any and all contracts, deeds, leases, releases and documents of any kind that,
in the judgment of the board, are necessary or proper to the exercise of any
power of the district, and to direct the payment of all lawful claims or
demands.
(4) To assess, levy and
collect taxes to pay the costs of:
(a) Acquiring,
constructing, reconstructing, altering, operating and maintaining heritage
sites and structures;
(b) Acquiring by gift,
purchase or other means, and preserving, historical objects, real and personal
property of historical interest and records, artifacts, photographs, documents,
material and data of historical importance;
(c) Establishing and
maintaining programs for heritage societies within the district;
(d) Handling any lawful
claims against the district; and
(e) Funding the
operating expenses of the district.
(5) To employ all
necessary agents and assistants.
(6) To call elections
after the formation of the district.
(7) To enlarge the
boundaries of the district as provided by ORS 198.705 to 198.955.
(8) Generally to do and
perform any and all acts necessary and proper to the complete exercise and
effect of any of the board’s powers or the purposes for which the district was
formed.
(9) Whenever authorized
by the electors, to issue general obligation bonds of the district. However,
the aggregate amount of general obligation bonds issued and outstanding at any
one time may not exceed two and one-half percent of the real market value of
all taxable property of the district, computed in accordance with ORS 308.207.
SECTION 14. Each year, the board of a heritage district
shall determine and fix the amount of money to be levied and raised by
taxation, for the purposes of the district. The total amount in dollars and
cents may not exceed one-fourth of one percent (0.0025) of the real market
value of all taxable property within the district computed in accordance with
ORS 308.207.
SECTION 15. The board of a heritage district, by
resolution duly adopted, may establish sinking funds for the purpose of
defraying the costs of acquiring historic real property and for restoration of
historic buildings or facilities. A sinking fund may be created through the
inclusion annually within the tax budget of the district of items representing
the yearly installments to be credited to the fund. The amount of these items
shall be collected and credited to the proper fund in the same manner in which
taxes levied or revenues derived for other purposes for the district are
collected and credited. None of the moneys in sinking funds shall be diverted
or transferred to other funds, but if unexpended balances remain after
disbursement of the funds for the purpose for which they were created, such balances,
upon approval by resolution of the board, shall be transferred to the operation
and maintenance fund of the district.
SECTION 16. The board of a heritage district may call
upon the attorney for the heritage district for advice as to any district business.
The attorney for the heritage district shall give advice when called on for
advice by the board. The board may at any time employ special counsel for any
purpose.
SECTION 17. A heritage district may establish an
employees’ retirement system as provided for rural fire protection districts
under ORS 478.355 to 478.370.
SECTION 18. ORS 174.116 is amended to read:
174.116. (1)(a) Subject
to ORS 174.108, as used in the statutes of this state “local government” means
all cities, counties and local service districts located in this state, and all
administrative subdivisions of those cities, counties and local service
districts.
(b)
Subject to ORS 174.108, as used in the statutes of this state “local government”
includes:
(A) An entity created by
statute, ordinance or resolution for the purpose of giving advice only to a
local government;
(B) An entity created by
local government for the purpose of giving advice to local government and that
is not created by ordinance or resolution, if the document creating the entity
indicates that the entity is a public body; and
(C) Any entity created
by local government other than an entity described in subparagraph (B) of this
paragraph, unless the ordinance, resolution or other document creating the
entity indicates that the entity is not a governmental entity or the entity is
not subject to any substantial control by local government.
(2) Subject to ORS
174.108, as used in the statutes of this state “local service district” means:
(a) An economic
improvement district created under ORS 223.112 to 223.132 or 223.141 to
223.161.
(b) A people’s utility
district organized under ORS chapter 261.
(c) A domestic water
supply district organized under ORS chapter 264.
(d) A cemetery
maintenance district organized under ORS chapter 265.
(e) A park and
recreation district organized under ORS chapter 266.
(f) A mass transit
district organized under ORS 267.010 to 267.390.
(g) A transportation
district organized under ORS 267.510 to 267.650.
(h) A metropolitan
service district organized under ORS chapter 268.
(i) A translator
district organized under ORS 354.605 to 354.715.
(j) A library district
organized under ORS 357.216 to 357.286.
(k) A county road
district organized under ORS 371.055 to 371.110.
(L) A special road
district organized under ORS 371.305 to 371.360.
(m) A road assessment
district organized under ORS 371.405 to 371.535.
(n) A highway lighting
district organized under ORS chapter 372.
(o) A 9-1-1
communications district organized under ORS 401.818 to 401.857.
(p) A health district
organized under ORS 440.305 to 440.410.
(q) A sanitary district
organized under ORS 450.005 to 450.245.
(r) A sanitary
authority, water authority or joint water and sanitary authority organized
under ORS 450.600 to 450.989.
(s) A county service
district organized under ORS chapter 451.
(t) A vector control
district organized under ORS 452.020 to 452.170.
(u) A rural fire
protection district organized under ORS chapter 478.
(v) A geothermal heating
district organized under ORS chapter 523.
(w) An irrigation
district organized under ORS chapter 545.
(x) A drainage district
organized under ORS chapter 547.
(y) A diking district
organized under ORS chapter 551.
(z) A water improvement
district organized under ORS chapter 552.
(aa)
A water control district organized under ORS chapter 553.
(bb)
A district improvement company or a district improvement corporation organized
under ORS chapter 554.
(cc) A
weather modification district organized under ORS 558.200 to 558.440.
(dd)
A fair district formed under ORS chapter 565.
(ee)
A soil and water conservation district organized under ORS 568.210 to 568.808
and 568.900 to 568.933.
(ff)
A weed control district organized under ORS 570.505 to 570.575.
(gg)
A port organized under ORS 777.005 to 777.725 and 777.915 to 777.953.
(hh)
The
(ii) An airport district
established under ORS chapter 838.
(jj)
A heritage district organized under sections 1 to 17 of this 2007 Act.
SECTION 19. ORS 198.010 is amended to read:
198.010. As used in this
chapter, except as otherwise specifically provided, “district” means any one of
the following:
(1) A people’s utility
district organized under ORS chapter 261.
(2) A domestic water
supply district organized under ORS chapter 264.
(3) A cemetery
maintenance district organized under ORS chapter 265.
(4) A park and
recreation district organized under ORS chapter 266.
(5) A mass transit
district organized under ORS 267.010 to 267.390.
(6) A metropolitan
service district organized under ORS chapter 268.
(7) A special road
district organized under ORS 371.305 to 371.360.
(8) A road assessment
district organized under ORS 371.405 to 371.535.
(9) A highway lighting
district organized under ORS chapter 372.
(10) A health district
organized under ORS 440.305 to 440.410.
(11) A sanitary district
organized under ORS 450.005 to 450.245.
(12) A sanitary
authority, water authority or joint water and sanitary authority organized
under ORS 450.600 to 450.989.
(13) A vector control
district organized under ORS 452.020 to 452.170.
(14) A rural fire
protection district organized under ORS chapter 478.
(15) An irrigation
district organized under ORS chapter 545.
(16) A drainage district
organized under ORS chapter 547.
(17) A water improvement
district organized under ORS chapter 552.
(18) A water control
district organized under ORS chapter 553.
(19) A weather
modification district organized under ORS 558.200 to 558.440.
(20) A port organized
under ORS 777.005 to 777.725 and 777.915 to 777.953.
(21) A geothermal
heating district organized under ORS chapter 523.
(22) A transportation
district organized under ORS 267.510 to 267.650.
(23) A library district
organized under ORS 357.216 to 357.286.
(24) A 9-1-1
communications district organized under ORS 401.818 to 401.857.
(25) A heritage
district organized under sections 1 to 17 of this 2007 Act.
SECTION 20. ORS 198.180 is amended to read:
198.180. As used in ORS
198.190, unless the context requires otherwise, “district” has the meaning
given that term by ORS 198.010 (2) to (5), [and] (7) to (23) and (25). In addition, “district” means any
one of the following:
(1) A county service
district organized under ORS chapter 451.
(2) A diking district organized
under ORS chapter 551.
(3) A corporation for
irrigation, drainage, water supply or flood control
organized under ORS chapter 554.
(4) A soil and water
conservation district organized under ORS 568.210 to 568.808 and 568.900 to
568.933.
(5) The
SECTION 21. ORS 198.520 is amended to read:
198.520. As used in ORS
198.510 to 198.600, unless the context requires otherwise, district has the
meaning given that term by ORS 198.010 (2), (4), (5), (6), (11), (12), (14),
(17), (19), [and] (20) to (23)
and (25). In addition, “district” means any one of the following:
(1) A county service
district organized under ORS chapter 451.
(2) The
SECTION 22. ORS 198.710 is amended to read:
198.710. As used in ORS
198.705 to 198.955, unless the context requires otherwise, “district” has the
meaning given that term by ORS 198.010 (2) to (4), (6) to (14), [and] (17) to (23) and (25). In
addition, the term also means any one of the following:
(1) A county road
district organized under ORS 371.055 to 371.110.
(2) A county service
district organized under ORS chapter 451.
(3) The
(4) A translator
district organized under ORS 354.605 to 354.715.
SECTION 22a. If Senate Bill 773 becomes law, sections
21 and 22 of this 2007 Act (amending ORS 198.520 and 198.710) are repealed.
SECTION 22b. If Senate Bill 773 becomes law, ORS 198.510,
as amended by section 5, chapter 179, Oregon Laws 2007 (Enrolled Senate Bill
773), is amended to read:
198.510. As used in ORS
198.510 to 198.600, unless the context requires otherwise:
(1) “County” means the
county in which the district, or the greater portion of the assessed value of
the district, is located.
(2) “County board” means
the board of county commissioners or the county court of the county.
(3) “County clerk” means
the county clerk of the county.
(4) “District” has the
meaning given that term in ORS 198.010 (2), (4), (5), (11), (12), (14), (17),
(19), [and] (20) to (23)
and (25). In addition, “district” means any one of the following:
(a) A county service
district organized under ORS chapter 451.
(b) The
(5) “District board”
means the governing body of a district and the term includes a county board
that is in the governing body of a district.
(6) “Presiding officer”
means the chairperson, president or other person performing the office of
presiding officer of the district board.
(7) “Principal Act”
means the law, other than ORS 198.510 to 198.600, applicable to a district.
SECTION 22c. If Senate Bill 773 becomes law, ORS 198.705,
as amended by section 6, chapter 179, Oregon Laws 2007 (Enrolled Senate Bill
773), is amended to read:
198.705. As used in ORS
198.705 to 198.955, unless the context requires otherwise:
(1) “Affected county”
means each county which contains or would contain any territory for which a
formation or a change of organization is proposed or ordered or which contains
all or any part of a district for which a change of organization is proposed or
ordered.
(2) “Affected district”
means each district which contains or would contain territory for which a
formation or a change of organization is proposed or ordered.
(3) “Annexation”
includes the attachment or addition of territory to, or inclusion of territory
in, an existing district.
(4) “Change of
organization” means the annexation or withdrawal of territory to or from a
district, the merger or consolidation of districts or the dissolution of a
district.
(5) “Consolidation”
means the uniting or joining of two or more districts into a single new
successor district.
(6) “County board” means
the county court or board of county commissioners of the principal county.
(7) “Dissolution”
includes disincorporation, extinguishment or termination of the existence of a
district and the cessation of all its corporate powers, except for the purpose
of winding up the affairs of the district.
(8) “District” has the
meaning given that term in ORS 198.010 (2) to (4), (6) to (14), [and] (17) to (23) and (25). In
addition, “district” means any one of the following:
(a) A county road
district organized under ORS 371.055 to 371.110.
(b) A county service
district organized under ORS chapter 451.
(c) The
(d) A translator
district organized under ORS 354.605 to 354.715.
(9) “District board”
means the governing board of a district.
(10) “Formation”
includes incorporation, organization or creation of a district.
(11) “Inhabited
territory” means territory within which there reside 12 or more persons who
have been registered to vote within the territory for at least 30 days prior to
the date a proceeding is commenced under ORS 198.705 to 198.955.
(12) “Landowner” or “owner
of land” means any person shown as the owner of land on the last assessment
roll. However, if the person no longer holds the title to the property, then
the terms mean any person entitled to be shown as owner of land on the next
assessment roll, or, when land is subject to a written agreement of sale, the
terms mean any person shown in the agreement as purchaser to the exclusion of
the seller. “Landowner” or “owner of land” includes any public agency owning
land.
(13) “Legal
representative” means:
(a) An officer of a
corporation duly authorized, by the bylaws or a resolution of the board of
directors of the corporation, to sign for and on behalf of the corporation; and
(b) A guardian,
executor, administrator or other person holding property in a trust capacity
under appointment of court, when authorized by an order of court, which order
may be made without notice.
(14) “Merger” means the
extinguishment, termination and cessation of the existence of one or more
districts by uniting with and being absorbed into another district.
(15) “Notice” includes
an ordinance, resolution, order or other similar matter providing notice which
ORS 198.705 to 198.955 authorize or require to be published, posted or mailed.
(16) “Principal Act”
means the statutes which describe the powers of a district, including the
statutes under which a district is proposed or is operating.
(17) “Principal county”
or “county” means the county in which the district, or the greater portion of
the assessed value of all taxable property in the district, as shown by the
most recent assessment roll of the counties, is located at the time proceedings
are initiated to form a district, but for any district formed prior to and
existing on September 9, 1971, “principal county” or “county” means the county
in which the district, or the greater portion of the value of all taxable
property in the district, as shown by the most recent assessment roll of the
counties, was located on September 9, 1971.
(18) “Proceeding” means
a proceeding for formation or for change of organization conducted pursuant to
ORS 198.705 to 198.955.
(19) “Uninhabited
territory” means territory within which there reside less than 12 electors who
were residents within the territory 30 days prior to the date a proceeding is
commenced under ORS 198.705 to 198.955.
(20) “Withdrawal”
includes the detachment, disconnection or exclusion of territory from an
existing district.
SECTION 23. ORS 199.420 is amended to read:
199.420. As used in ORS
199.410 to 199.534, unless the context requires otherwise, “district” means one
of the following:
(1) Domestic water
supply district organized under ORS chapter 264.
(2) Park and recreation
district organized under ORS chapter 266.
(3) Metropolitan service
district organized under ORS chapter 268.
(4) Highway lighting
district organized under ORS chapter 372.
(5) Sanitary district
organized under ORS 450.005 to 450.245.
(6) Sanitary authority,
water authority or joint water and sanitary authority organized under ORS
450.600 to 450.989.
(7) County service
district organized under ORS chapter 451.
(8) Vector control
district organized under ORS 452.020 to 452.170.
(9) Rural fire
protection district organized under ORS chapter 478.
(10) Geothermal heating
district organized under ORS chapter 523.
(11) Corporations
organized under ORS chapter 554 for the purpose of supplying water for domestic
use or any other district supplying or seeking to supply domestic water.
(12) Library district
organized under ORS 357.216 to 357.286.
(13) Special road
district organized under ORS 371.305 to 371.360.
(14) Heritage
district organized under sections 1 to 17 of this 2007 Act.
SECTION 24. ORS 255.012 is amended to read:
255.012. As used in this
chapter, “district” means:
(1) A domestic water
supply district organized under ORS chapter 264.
(2) A cemetery
maintenance district organized under ORS chapter 265.
(3) A park and
recreation district organized under ORS chapter 266.
(4) A mass transit
district organized under ORS 267.010 to 267.390.
(5) A transportation
district organized under ORS 267.510 to 267.650.
(6) A metropolitan
service district organized under ORS chapter 268.
(7) A translator
district organized under ORS 354.605 to 354.715.
(8) A library district
organized under ORS 357.216 to 357.286.
(9) A county road
district organized under ORS 371.055 to 371.110.
(10) A special road
district organized under ORS 371.305 to 371.360.
(11) A road assessment
district organized under ORS 371.405 to 371.535.
(12) A highway lighting
district organized under ORS chapter 372.
(13) A health district
organized under ORS 440.305 to 440.410.
(14) A sanitary district
organized under ORS 450.005 to 450.245.
(15) A sanitary
authority, water authority or joint water and sanitary authority organized
under ORS 450.600 to 450.989.
(16) A county service
district organized under ORS chapter 451.
(17) A vector control
district organized under ORS 452.020 to 452.170.
(18) A rural fire
protection district organized under ORS chapter 478.
(19) An airport district
organized under ORS chapter 838.
(20) A geothermal
heating district organized under ORS chapter 523.
(21) A water improvement
district organized under ORS chapter 552.
(22) A water control
district organized under ORS chapter 553.
(23) A weather
modification district organized under ORS 558.200 to 558.440.
(24) A livestock
district organized under ORS 607.005 to 607.051.
(25) A port organized
under ORS 777.005 to 777.725 and 777.915 to 777.953.
(26) The
(27) A school district.
(28) Territory, other
than territory within a city, proposed to be created, formed or incorporated
into a district or to be annexed or otherwise added to a district.
(29) A soil and water
conservation district organized under ORS 568.210 to 568.810 and 568.900 to
568.933.
(30) A heritage
district organized under sections 1 to 17 of this 2007 Act.
Approved by the Governor June 22, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
__________