74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to HB 3538 (A to RC)
LC 3787/HB 3538-2
SENATE AMENDMENTS TO
HOUSE BILL 3538
(INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
By COMMITTEE ON EDUCATION AND GENERAL GOVERNMENT
May 29
On page 1 of the printed bill, line 3, before '198.520 ' insert
'198.510,' and after the first comma insert '198.705,'.
On page 4, line 45, delete 'The balances to the credit of'.
On page 5, delete lines 1 and 2 and insert 'None of the moneys
in'.
On page 7, after line 31, insert:
' { + 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198.710) are repealed.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 ___, 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 Port of Portland established by ORS 778.010.
' (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 ___, 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 Port of Portland created by ORS 778.010.
' (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.'.
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