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Oregon Library Laws - Revised Statutes - Special Districts: Inactive Districts
Oregon Revised Statutes
Chapter 198 - Special Districts Generally
198.335 Definitions for ORS 198.335 to 198.365. As used in ORS 198.335 to 198.365, unless the context requires otherwise:
(1) "County board" means the board of county commissioners or the county court.
(2) "Special district":
(a) Has the meaning given the term "district" in ORS 198.010; and
(b) Also means:
(A) A diking district organized under ORS chapter 551.
(B) A corporation for irrigation, drainage, water supply or flood control organized under ORS chapter 554.
(C) A soil and water conservation district organized under ORS 568.210 to 568.808 and 568.900 to 568.933.
(D) A weed control district organized under ORS 570.505 to 570.575.
(E) A port district organized under ORS chapter 778.
198.340 Designation of registered office and agent.
(1) A special district shall designate a registered office and a registered agent. The registered agent shall be an agent of the district upon whom any process, notice or demand required or permitted by law to be served upon the district may be served. A registered agent shall be an individual resident of this state whose address is identical with the registered office of the district. The registered office may be, but need not be, the same as the place of business of the special district.
(2) The district may change its registered office or change its registered agent, or both, upon filing in the office of the Secretary of State and county clerk of each county in which located a statement setting forth:
(a) The name of the district.
(b) If the address of its registered office is changed, the address to which the registered office is to be changed.
(c) If its registered agent is changed, the name of its successor registered agent.
(d) That the address of its registered office and the address of the business office of its registered agent, as changed, will be identical.
(e) That such change was authorized by resolution duly adopted by the district board.
(3) The statement shall be subscribed and sworn to by the secretary, financial officer or chairperson of the district board.
198.345 Effect of failure to file certain reports.
(1) If a special district for three consecutive years fails to file a report as required by ORS 294.555 or 297.405 to 297.555 the Secretary of State or the Department of Revenue, as the case may be, shall notify the county board of the county where the district, or the greater portion of the assessed valuation of taxable property in the district, is located.
(2) Within 30 days after receiving the notice provided by subsection (1) of this section, the county board shall initiate proceedings to dissolve the special district as provided by ORS 198.345 to 198.365.
(3) The county board may appoint three individuals, residents of the district, to assist in locating the assets, debts and records of the district.
198.350 Financial statement. Within 60 days after receiving the notice provided by ORS 198.345 (1), the county board shall prepare a financial statement for the district and file it with the clerk. The financial statement shall include:
(1) The date of formation of the district.
(2) The date of the last election of officers, if any, and the names of the persons last serving as members of the governing board.
(3) The amount of each outstanding bond, coupon and other indebtedness of the district, with a general description of the indebtedness and the name of the holder and owner of each, if known.
(4) A description of each parcel of real property and interest in real property owned by the district and, if the property was acquired for delinquent taxes or assessments, the amount of the taxes and assessments on each parcel of property.
(5) Uncollected charges, taxes and assessments levied by the district and the amount upon each lot or tract of land.
(6) A description of all personal property and of all other assets of the district.
(7) The estimated cost of dissolution.
198.355 Hearing on dissolution; notice.
(1) Upon the filing of the financial statement, the county board of a county not within the jurisdiction of a local government boundary commission shall enter an order calling a hearing on the question of dissolving the district. The hearing shall be called not less than 21 nor more than 30 days after the filing of the statement.
(2) Notice of the hearing shall be given by publication once each week for not less than three weeks in a newspaper of general circulation within the district. The notice shall state the time and place of the hearing and that all interested persons may appear and be heard. The notice shall also state that all persons having claims against the district shall present them at the time of the hearing.
(3) In a county within the jurisdiction of a local government boundary commission, the county board, within 10 days after the filing of the financial statement, shall file with the boundary commission a resolution requesting dissolution of the district. In a county within the jurisdiction of a boundary commission, subsections (1) and (2) of this section and ORS 198.360 do not apply, and the final order adopted by the commission shall terminate the proceeding for all purposes except those mentioned in ORS 198.365.
198.360 Continuation or termination of district; proceedings for county service district.
(1) After the hearing, if the county board finds that the district is in fact operating as an active district, or that there is need for the district, the board shall continue the hearing until the reports required under ORS 294.555 and 297.405 to 297.555 are properly filed. When the county board finds that the reports have been filed, it may:
(a) Enter an order terminating all further proceedings under ORS 198.345 to 198.365; or
(b) If the functions of the district could be performed by a county service district, it may continue the hearing and initiate proceedings to incorporate or annex the area within the district in a county service district organized under ORS 451.410 to 451.610.
(2) If the county board proceeds as provided by subsection (1)(b) of this section and the district is terminated as provided by ORS 451.577, the county board shall thereafter enter an order terminating all further proceedings under ORS 198.345 to 198.365.
198.365 County board as trustees for inactive district; distribution of assets; levy of tax to meet debts; delivery of records.
(1) If the county board finds that the district is not active and that there is no need for the district, the board shall thereupon constitute a board of trustees for the purpose of paying the debts and disposing of the property of the district.
(2) Any surplus funds and assets remaining to the credit of the district, after payment of the debts of the district, shall be credited to the county general fund available for general purposes. If the district was located in more than one county, the surplus shall be apportioned and turned over to each county in which the district was located. The funds and assets shall be apportioned according to the proportion in each county of the assessed valuation of taxable property in the district.
(3) If the assets of the district are insufficient to pay the debts of the district, the county board acting as a levying board for the district shall levy taxes, within the limits of the authority of the district, for the liquidation of the debts. If the only debt of the district is the cost of the proceedings conducted under ORS 198.345 to 198.365, the county shall pay the cost of the proceedings.
(4) When the proceedings are completed, the county board shall deliver the books and records of the district to the county clerk.