ORS Chapter 372 - Oregon Statutes

Chapter 372 — HighwayLighting Districts

 

2009 EDITION

 

 

HIGHWAYLIGHTING DISTRICTS

 

HIGHWAYS,ROADS, BRIDGES AND FERRIES

 

372.010     Definitions

 

372.020     Authorityto organize district

 

372.030     Locationof district

 

372.040     Petitionto organize district; contents

 

372.045     Countyboard as district governing board; filing petition; landowners as signatories;transfer of records and files

 

372.090     Inspectionand report by engineer

 

372.140     Generalpowers of district

 

372.150     Illuminationof state highways; cooperation with department

 

372.170     Powerto assess, levy and collect taxes

 

372.175     Filingboundary change with county assessor and Department of Revenue

 

372.180     Assessment,levy and collection procedure

 

372.190     Exemptionof railroad right of way from assessment

 

372.200     Districtcommissioners; number; qualifications; appointment

 

372.210     Organization;terms of commissioners; disqualification; vacancies

 

372.220     Meetingsand officers of board

 

372.240     Districtemployees; expenses of board

 

372.260     Depositand withdrawal of district moneys; annual reports

 

372.270     Preservationand inspection of records

 

372.280     Initiativeand referendum in districts

 

372.310     Petitionfor annexation of land to district

 

372.360     Boardfor consolidated district; appointment

 

372.400     Petitionfor withdrawal of territory from district; notice; hearing

 

372.410     Petitionersto pay cost of notices and preparation of revised boundary descriptions

 

372.420     Boardto order withdrawal of territory if remonstrance not filed; grounds for denialor granting of petition

 

372.430     Withdrawnarea not subject to subsequent assessments or taxes

 

372.450     Districtdissolution petition or resolution

 

372.460     Boardfindings on proposed dissolution; proposed plan

 

372.470     Filingof dissolution plan with county board; notice; hearing

 

372.480     Groundsfor granting dissolution; assumption of district indebtedness; disposition ofsurplus; statement of dissolution

 

      372.010Definitions.As used in this chapter unless the context requires otherwise:

      (1)“County board” means board of county commissioners or county court of a county.

      (2)“County” means the county in which the district, or the greatest length ofhighway to be illuminated, is located.

      (3)“District” means a highway lighting district formed under this chapter.

      (4)“District board” or “board of commissioners” means the governing body of adistrict.

      (5)“Highway” means any road or way open to public travel.

      (6)“Owner” or “landowner” means the holder of record title to real property or thevendee under a recorded land sale contract, if there is such a contract. [Amendedby 1955 c.80 §1; 1971 c.514 §1; 1983 c.83 §83]

 

      372.020Authority to organize district. The abutting property owners or theelectors resident along any highway may organize a highway lighting districtfor the purpose of illuminating the highway abutting their respectiveproperties in the manner provided by this chapter. [Amended by 1971 c.514 §2;1971 c.727 §109]

 

      372.030Location of district.A highway lighting district may be entirely outside the limits of a city or itmay be both outside and inside such limits. The boundary lines of the districtshall include only territory that abuts a portion, not less than 600 feet inlength, of a highway. [Amended by 1971 c.514 §3]

 

      372.040Petition to organize district; contents. A petition for the formation of adistrict, in addition to other matters required, shall set forth:

      (1)The number of owners of property abutting the highway within the proposeddistrict.

      (2)The estimated initial cost of the acquisition and installation of the lightingequipment and the easements or permits necessary to carry out the purposes ofthe proposed district.

      (3)The estimated annual cost of maintenance and operation.

      (4)Further information as appropriate to fully inform the public of the plan ofillumination of the highway. [Amended by 1971 c.514 §4; 1971 c.727 §110]

 

      372.045County board as district governing board; filing petition; landowners assignatories; transfer of records and files. (1) The county board may beestablished as the governing board of a district. If the petition for formationfiled under ORS 372.040 requests the county board to be the governing board ofthe district and the district is formed as provided by ORS 198.795 to 198.845,the county board shall act as the district board thereafter.

      (2)After the formation of a district, the county board shall act as the districtboard if a petition is filed with the county board requesting that it do so.The petition may be presented by the district board or it may be presented bythe landowners in the district. A petition presented by landowners shall besigned by landowners within the district owning not less than 50 percent of thefront footage abutting the portion of highway included within the district. Acopy of a landowners’ petition shall be sent to the district board before it isfiled with the county board. When a county board becomes the governing body ofa district under this subsection, the district board shall turn over to the countyboard the books, records, files, assets and obligations of the district andupon the delivery thereof, the county board shall become and thereafter act asthe district board. [1971 c.514 §20b; 1987 c.158 §65]

 

      372.050 [Amended by1971 c.514 §5; repealed by 1971 c.727 §203]

 

      372.060 [Amended by1971 c.514 §6; repealed by 1971 c.727 §203]

 

      372.070 [Amended by1971 c.514 §7; repealed by 1971 c.727 §203]

 

      372.080 [Amended by1971 c.514 §8; repealed by 1971 c.727 §203]

 

      372.090Inspection and report by engineer. Upon the filing of the petition forformation, the county board shall, by order, direct the county engineer to:

      (1)Make an inspection and investigation of the proposed lighting project and ofthe area described in the petition with respect to feasibility and publicconvenience and necessity.

      (2)File a report for the proposed district with the county board on or before aday specified in the order, but not later than the day fixed for the hearing onthe petition. [Amended by 1965 c.85 §1; 1971 c.514 §9; 1971 c.727 §111]

 

      372.100 [Amended by1971 c.514 §10; repealed by 1971 c.727 §203]

 

      372.110 [Amended by1965 c.85 §2; 1971 c.514 §11; repealed by 1971 c.727 §203]

 

      372.120 [Amended by1971 c.514 §12; repealed by 1971 c.727 §203]

 

      372.130 [Amended by1971 c.514 §13; repealed by 1971 c.727 §203]

 

      372.140General powers of district. A highway lighting district may:

      (1)Make contracts.

      (2)Hold, receive and dispose of real and personal property within and without itsdescribed boundaries.

      (3)Do all other acts and things requisite, necessary or convenient in carrying outthe objects of the district or exercising the powers expressly conferred uponit by this chapter.

      (4)Sue and be sued, plead and be impleaded in all actions and suits or otherproceedings brought by or against it.

      (5)Have and exercise within and without its boundaries the same rights and powersas other local governments as defined in ORS 174.116, in purchasing and sellingreal property and rights of way, to be exercised in the manner authorized.

      (6)Purchase in the open market or obtain from other public utility corporations,electric energy for lighting purposes and poles, wires, conduits, lightingfixtures and all types of property necessary to enable the district to carryout its purposes.

      (7)Enter into contracts with any person:

      (a)For the construction, maintenance and operation, or any of these, of thelighting facilities or any one or more of such services.

      (b)For the renewal, upkeep and maintenance of the lighting facilities or any partthereof.

      (c)For the use of any lighting facilities if and when owned by such person.

      (8)Contract with the state, by and through the Department of Transportation, andits successors in interest, with respect to any phases of the lighting of anyhighway within the district which is owned by the state or under its control. [Amendedby 1971 c.514 §14; 2003 c.802 §110]

 

      372.150Illumination of state highways; cooperation with department. (1) The plansand specifications for the illumination of a state highway shall be submittedto and be approved by the Department of Transportation before a district isauthorized to acquire the equipment for illumination or to install it on anystate highway.

      (2)A district shall maintain and operate illumination equipment on a state highwayin cooperation with and with the approval of the Department of Transportation. [Amendedby 1971 c.514 §15]

 

      372.160 [Amended by1971 c.514 §16; repealed by 1995 c.733 §74]

 

      372.170Power to assess, levy and collect taxes. (1) The district may assess, levy andcollect assessments upon all real property situate within its boundaries andwhich is by law taxable for state and county purposes in each year, on anyreasonable basis of assessment. However, the assessment shall not exceed $1 pereach front foot of the property abutting on the highway, or portion thereof,proposed to be or lighted. The proceeds of the assessment shall be applied incarrying out the objects and purposes of the district.

      (2)The district may also assess, levy and collect a special assessment upon allsuch property in an amount sufficient to pay the initial construction andinstallation cost. [Amended by 1965 c.21 §1; 1971 c.514 §17]

 

      372.175Filing boundary change with county assessor and Department of Revenue. For purposes ofad valorem taxation, a boundary change must be filed in final approved formwith the county assessor and the Department of Revenue as provided in ORS308.225. [2001 c.138 §25]

 

      372.180Assessment, levy and collection procedure. (1) The district board each yearshall estimate assessments needed, and the amount thereof shall be levied andreturned to the county officer whose duty it is to extend the tax roll at thetime required by law for other taxes to be levied and returned.

      (2)All assessments levied by the district shall become payable at the same time,be collected by the same officer who collects county taxes and be turned overto the district according to law.

      (3)The county officer whose duty it is to extend the county levy shall extend thelevy of the district in the same manner as city taxes are extended. Thedistrict levy is subject to the limits set forth in ORS 310.150.

      (4)Property shall be subject to sale for the nonpayment of assessments levied bythe district in like manner and with like effect as in the case of county andstate taxes. [Amended by 1971 c.514 §18; 1991 c.459 §392]

 

      372.190Exemption of railroad right of way from assessment. Except forrailroad right of way that abuts on the highway at a grade crossing, railroadright of way shall not be subject to assessment by a district. [Amended by 1971c.514 §19]

 

      372.200District commissioners; number; qualifications; appointment. (1) The powergiven to districts, except as otherwise provided by this chapter, is vested inand shall be exercised by a board of five commissioners. Except as provided byORS 372.210, each commissioner shall be appointed to serve for a term of fouryears. The order by which the county board proclaims the formation of thedistrict shall appoint five commissioners to serve as the first board of thedistrict.

      (2)Each commissioner shall be an elector of the district.

      (3)Notwithstanding subsection (2) of this section, if there are fewer than 10electors registered in the district, the county board may appoint ascommissioner any owner of land within the district who also is an elector ofthe state as defined in ORS 246.012. [Amended by 1971 c.514 §20; 1983 c.48 §1]

 

      372.210Organization; terms of commissioners; disqualification; vacancies. (1) Within 10days after the issuance of the order proclaiming the formation of a district,the commissioners shall meet and organize by each first taking and subscribingan oath of office.

      (2)After qualifying, the commissioners first appointed shall determine by lot thelength of term each shall hold office. The term of one commissioner shallexpire the first Monday in January next following the appointment of thatcommissioner and the terms of the other four shall expire one in one year, onein two years and two in three years after the first Monday in January nextfollowing their appointment.

      (3)Each year during December the county board shall appoint a successor for anycommissioner whose term expires the next following January.

      (4)If a commissioner ceases to be an elector of the district, or if a commissionerwho is not an elector of the district and who is appointed to serve under ORS372.200 (3) or 372.360 (2) ceases to be an elector of the state or an owner ofland within the district, the commissioner is automatically disqualified. If avacancy occurs as provided by this subsection or for any other cause, thecounty board shall by order appoint a successor to hold office until theexpiration of the predecessor’s term. [Amended by 1969 c.669 §7; 1971 c.514 §21;1983 c.48 §2]

 

      372.220Meetings and officers of board. (1) The district board shall holdmeetings at the times and places within the district as it determines. It shallhold at least one regular meeting annually in January on a day to be fixed bythe board. The board may hold special meetings as it may provide by rule.

      (2)The board shall, at the time of organization, choose from the commissioners, apresident, secretary and a treasurer, who shall hold their offices until thefirst regular meeting in January, or until a successor is appointed andqualified. The officers shall have the powers and perform the duties usual insuch cases.

      (3)A majority shall constitute a quorum to do business, and in the absence of thepresident any other member may preside at any meeting as provided by the rulesof the board. [Amended by 1965 c.85 §3; 1971 c.514 §22]

 

      372.230 [Repealed by1969 c.345 §20]

 

      372.240District employees; expenses of board. The district board may employ engineers,superintendents, mechanics, clerks, secretaries or other persons as requisite,necessary or convenient, in carrying on any of its work, at a rate ofremuneration fixed by the board. [Amended by 1971 c.403 §6; 1971 c.514 §23]

 

      372.250 [Repealed by1969 c.344 §8]

 

      372.260Deposit and withdrawal of district moneys; annual reports. (1) All moneysof a district shall be deposited in one or more banks designated by thedistrict board. Moneys shall be paid out only when previously ordered by voteof the board and upon a check signed by the treasurer and countersigned by thepresident, or in the absence or inability of the president to act, by thesecretary. A receipt or voucher, showing clearly the nature and items coveredby each check drawn, shall be kept on file.

      (2)Annual reports shall be made and filed by the president, secretary andtreasurer, and at least once in each year a full and complete itemizedstatement of receipts and expenditures shall be published in a newspaper ofgeneral circulation, published in the county. [Amended by 1971 c.514 §24]

 

      372.270Preservation and inspection of records. All the proceedings of the districtboard shall be entered at large in a record book. All books, maps, plans,documents, correspondence, vouchers, reports and other papers and recordspertaining to the business of the district shall be carefully preserved, andshall be open to inspection as public records. [Amended by 1971 c.514 §25]

 

      372.280Initiative and referendum in districts. The electors of a district may exercisethe initiative and referendum powers with reference to legislation of thedistrict, in accordance with ORS 255.135 to 255.205. [Amended by 1971 c.514 §26;1983 c.350 §247]

 

      372.290 [Repealed by1971 c.514 §32 and 1971 c.727 §203; (372.450, 372.460, 372.470 and 372.480enacted in lieu of 372.290)]

 

      372.310Petition for annexation of land to district. Land abutting a highway may beannexed to a highway lighting district. The petition shall set forth inaddition to other matters the information required by ORS 372.040 as applied tothe area proposed to be annexed. [1955 c.80 §3; 1971 c.514 §37; 1971 c.727 §112]

 

      372.320 [1955 c.80 §4;1971 c.514 §38; repealed by 1971 c.727 §203]

 

      372.330 [1955 c.80 §5;1971 c.514 §39; repealed by 1971 c.727 §203]

 

      372.340 [1955 c.80 §6;1971 c.514 §40; repealed by 1971 c.727 §203]

 

      372.350 [1955 c.80 §7;repealed by 1971 c.514 §44 and 1971 c.727 §203]

 

      372.360Board for consolidated district; appointment. In an order of consolidation ormerger of two or more districts, the county board:

      (1)Shall appoint, except as provided in subsection (2) of this section, fiveelectors of the surviving or successor district as members of the firstdistrict board of the consolidated district.

      (2)May appoint, if there are fewer than 10 electors registered in the consolidateddistrict, any owner of land within the district who is also an elector of thestate as defined in ORS 246.012. [1955 c.80 §8; 1971 c.514 §41; 1971 c.727 §113;1983 c.48 §3]

 

      372.370