ORS Chapter 266 - Oregon Statutes

Chapter 266 — Parkand Recreation Districts

 

2009 EDITION

 

 

PARKAND RECREATION DISTRICTS

 

PUBLICORGANIZATIONS FOR COMMUNITY SERVICE

 

GENERALPROVISIONS

 

266.010     Definitions

 

266.040     Applicationof ORS chapter 255 to district

 

266.110     Petitionfor formation

 

DISTRICTBOARD

 

266.310     Officersof district; qualifications

 

266.320     Numberof board members elected at formation election; terms of office

 

266.325     Changingnumber of board members; election; notice to Secretary of State

 

266.330     Electionof board members; terms

 

266.335     Continuingschedule of biennial elections after change in number of board members; powersof Secretary of State

 

266.340     Oathof office of board members

 

266.370     Boardas governing power; president and secretary; signing documents; meetings

 

266.375     Mannerof electing board members

 

266.380     Changingmanner of electing board members; requirements; election

 

266.385     Boundariesof zones for board members; adjustment for population and boundary changes;filing of boundary change with county assessor and Department of Revenue

 

POWERSAND DUTIES

 

266.410     Generaldistrict powers

 

266.420     Levyof taxes

 

266.430     Sinkingfunds

 

266.440     Depositand disbursement of district moneys

 

266.450     Regulationsand orders adopted by board; penalty for violating regulation

 

266.460     Districtattorney to aid board; special counsel

 

266.470     Dispositionof fines

 

266.480     Powerto contract bonded indebtedness for certain purposes

 

266.490     Bondelection at discretion of board or on petition

 

266.512     Authorityfor general obligation bonds; issuance and sale of general obligation bonds andrevenue bonds

 

266.514     Revenuebonds; issuance; conditions

 

266.516     Refundingbonds

 

266.518     Contractswith United States

 

266.530     Registrationand delivery of bonds; disposition of proceeds

 

266.540     Additionaltaxes for payment of bond interest and principal; bond sinking fund

 

266.550     Procedurein event board fails to levy bond tax

 

266.560     Redemptionof bonds; notice

 

266.580     Paymentof bond principal and interest; payment of collection commission

 

266.590     Validationof certain bond issues

 

GENERALPROVISIONS

 

      266.010Definitions.As used in this chapter:

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

      (2)“County” means the county in which the district, or the greater portion of thetaxable assessed value of the district, is located.

      (3)“District” means park and recreation district formed under this chapter.

      (4)“District board” means the governing body of a district.

      (5)“Owner” means the holder of record title to real property or the vendee under aland sale contract, if there is such a contract. [Subsection (2) (1967Replacement Part) enacted as 1967 c.574 §2; 1969 c.668 §1; 1983 c.83 §41]

 

      266.020 [Repealed by1971 c.647 §149]

 

      266.030 [1961 c.587 §4;1969 c.668 §2; repealed by 1971 c.727 §203]

 

      266.040Application of ORS chapter 255 to district. (1) ORS chapter 255 governs thefollowing:

      (a)The nomination and election of board members.

      (b)The conduct of all elections in the district.

      (2)The electors of a district may exercise the powers of the initiative andreferendum regarding a district measure, in accordance with ORS 255.135 to255.205. [1983 c.350 §118]

 

      266.110Petition for formation. (1) A community may form a municipal corporation toprovide park and recreation facilities for the inhabitants.

      (2)In addition to other required matters, the petition for formation shall statethe number of members to be on the district board and the method of election ofthe board of the proposed district from among the methods described in ORS266.375. [Amended by 1957 c.57 §1; 1961 c.587 §1; 1969 c.668 §3; 1971 c.727 §91;1975 c.249 §5]

 

      266.115 [1961 c.587 §3;1969 c.668 §4; repealed by 1971 c.727 §203]

 

      266.120 [Amended by1969 c.668 §5; repealed by 1971 c.727 §203]

 

      266.130 [Amended by1969 c.668 §6; repealed by 1971 c.727 §203]

 

      266.140 [Amended by1969 c.668 §7; repealed by 1971 c.727 §203]

 

      266.150 [Repealed by1971 c.647 §149 and by 1971 c.727 §203]

 

      266.160 [Amended by1969 c.668 §8; repealed by 1971 c.647 §149]

 

      266.170 [Amended by1969 c.668 §9; repealed by 1971 c.647 §149]

 

      266.180 [Amended by1969 c.668 §10; repealed by 1971 c.727 §203]

 

DISTRICTBOARD

 

      266.310Officers of district; qualifications. (1) The officers of the district shallbe a board of three or five members, to be elected by the electors of thedistrict, and a secretary, to be appointed by the board.

      (2)Every elector of a district is qualified to be a member of the board or officerof the district. [Amended by 1957 c.57 §2; 1969 c.668 §11; 1983 c.83 §42; 1983c.350 §113]

 

      266.320Number of board members elected at formation election; terms of office. (1) The numberof district board members to be elected shall be three or five, according tothe number set forth in the petition for formation. The terms of the firstboard members shall be determined as provided in subsections (2) and (3) ofthis section.

      (2)If a three-member board is to be elected:

      (a)The candidates receiving the highest and the second highest vote shall beelected to a term expiring June 30 next following the second regular districtelection.

      (b)The candidate receiving the third highest vote shall be elected to a termexpiring June 30 next following the first regular district election.

      (3)If a five-member board is to be elected:

      (a)The candidates receiving the first, second and third highest vote shall beelected to a term expiring June 30 next following the second regular districtelection.

      (b)The candidates receiving the fourth and fifth highest vote shall be elected toa term expiring June 30 next following the first regular district election. [Amendedby 1957 c.57 §3; 1969 c.668 §12; 1971 c.647 §56; 1971 c.727 §192; 1983 c.350 §114]

 

      266.325Changing number of board members; election; notice to Secretary of State. (1) Thissection establishes the procedure for determining the following questions:

      (a)Whether a district having a three-member board shall increase the number ofmembers to five.

      (b)Whether a district having a five-member board shall decrease the number ofmembers to three.

      (2)The question of increasing or decreasing the membership of the district boardshall be determined at a regular district election. The district board shallorder that the question be submitted to the electors when a petition is filedwith the secretary of the board requesting that the electors of the district bepermitted to vote on the question. The requirements for preparing, circulatingand filing the petition shall be as provided for an initiative petition in ORS255.135 to 255.205. The board shall be increased to five members or decreasedto three members if a majority of the votes cast on the question favors theincrease or decrease. At an election to increase the membership, electors shallvote for candidates to fill the additional positions.

      (3)Not later than the 40th day before the regular district election at which aquestion under this section will be submitted, the district elections authorityshall notify the Secretary of State. If the electors favor the increase ordecrease in board membership, not later than the 30th day after the election,the Secretary of State by rule shall allocate and stagger the terms of theboard members under ORS 266.335. [1957 c.57 §7; 1983 c.350 §115; 1985 c.808 §75]

 

      266.330Election of board members; terms. (1) At the regular district election,successors to the board members whose terms expire shall be elected as follows:

      (a)In an unzoned district, if one board member is to be elected, the candidatereceiving the highest vote shall be elected. If two or three board members areto be elected, the candidates receiving the first and second or first, secondand third highest vote shall be elected.

      (b)In a district that is zoned under ORS 266.380:

      (A)If a board member is to be elected by the electors of a zone, the candidate whoreceives the highest vote from the zone shall be elected.

      (B)If a board member is to be elected by the electors of the entire district, thecandidate receiving the highest vote among the candidates nominated from thesame zone shall be elected.

      (2)Except as provided in ORS 266.320 and 266.335, the term of a board member isfour years. [Amended by 1957 c.57 §4; 1969 c.668 §13; 1973 c.796 §24; 1975c.647 §28; 1983 c.350 §116]

 

      266.335Continuing schedule of biennial elections after change in number of boardmembers; powers of Secretary of State. (1) When a district under ORS 266.325expands the membership of its district board from three to five members orreduces the membership of its board from five to three members, the Secretaryof State by rule shall provide for continuing the schedule of biennialelections of board members as follows:

      (a)If the board is reduced to three members, at least one member shall be electedat each regular district election.

      (b)If the board is expanded to five members, at least two members shall be electedat each regular district election.

      (2)The Secretary of State may adjust and stagger the terms of board members asnecessary in order to continue regular biennial elections under subsection (1)of this section.

      (3)The Secretary of State shall take into consideration and, as much as possible,provide for the continued method of representation adopted by the districtunder ORS 266.375. [1983 c.350 §112]

 

      266.340Oath of office of board members. A district board member when electedshall take the oath of office within 10 days after receiving the certificate ofelection. [Amended by 1969 c.345 §6; 1969 c.668 §§14,45]

 

      266.350 [Repealed by1971 c.403 §18]

 

      266.360 [Amended by1957 c.57 §5; 1969 c.668 §15; repealed by 1969 c.668 §46 and by 1969 c.669 §21]

 

      266.370Board as governing power; president and secretary; signing documents; meetings. (1) The parkand recreation board shall be the governing power of the district and shallexercise all powers of the district.

      (2)At its first meeting or as soon thereafter as may be practicable, the boardshall choose one of its members as president and shall appoint a secretary whoneed not be a member of the board. In case of the absence, or inability to act,of the president or secretary, the board shall, by order entered upon theminutes, choose a president pro tempore, or secretary pro tempore, or both, asthe case may be.

      (3)All contracts, deeds, warrants, releases, receipts and documents of every kindshall be signed in the name of the district by its president and shall becountersigned by its secretary.

      (4)The board shall hold such meetings either in the day or evening, as may benecessary.

      (5)The board shall fill any vacancy on the board as provided in ORS 198.320. [Amendedby 1983 c.350 §119]

 

      266.375Manner of electing board members. (1) The board members may be elected inone of the following methods or a combination thereof:

      (a)Elected by the electors of zones as nearly equal in population as possibleaccording to the latest federal census.

      (b)Elected 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.Candidates for election at large may be nominated by electors of zones or byelectors of the district, as determined under subsection (3) of this section.

      (3)Where the method selected under subsection (2) of this section includes acombination of nomination of candidates from zones and of nomination ofcandidates at large, the number of candidates to be nominated in each mannershall be specified in the petition submitted under ORS 266.110 or in thepetition or resolution under ORS 266.380. [1975 c.249 §2]

 

      266.380Changing manner of electing board members; requirements; election. (1) Thissection establishes the procedure for determining whether the method adopted ina district for nominating and electing board members should be changed toanother method. The question shall be decided by election. 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 foran initiative petition in ORS 255.135 to 255.205.

      (3)If the question proposes creation of zones or a change in the boundaries or thenumber of existing zones, the following requirements shall apply:

      (a)The petition shall contain a map indicating the proposed zone boundaries. Themap shall be attached to the cover sheet of the petition and shall not exceed14 inches by 17 inches in size.

      (b)Notwithstanding ORS 250.035, the statement summarizing the measure and itsmajor effect in the ballot title shall not exceed 150 words. The statement:

      (A)Shall specify the method of nomination and election of board members from amongthe methods described in ORS 266.375. The statement also shall specify whether,in filling each position on the board, an elector of the district may sign apetition of nomination or vote for a candidate from any zone or only for acandidate 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 zoneboundaries and a metes and bounds or legal description of the proposed zoneboundaries. The map and description shall be prepared by the county surveyor orcounty assessor and shall reflect any adjustments made in the boundaries undersubsection (6) of this section.

      (4)The map to be contained in the petition under subsection (3) of this sectionshall be prepared by the county surveyor or county assessor. The chiefpetitioners shall pay the county for the cost of preparing the map, asdetermined by the county surveyor or county assessor. The county clerk shallnot accept the prospective petition for filing until the chief petitioners havepaid the amount due.

      (5)Subsection (3) of this section does not apply if the question proposesabolition of all zones.

      (6)Before submitting to election a question to which subsection (3) of thissection applies, the district board shall adjust the proposed boundaries of thezones to make them as nearly equal in population as feasible according to thelatest federal census. The district board shall amend the ballot title asnecessary to reflect its adjustment of the boundaries.

      (7)If the electors of the district approve the establishment of zones or a changein the boundaries or the number of existing zones, board members shall continueto serve until their terms of office expire. As vacancies occur, positions tobe filled by nomination or election by zone shall be filled by persons whoreside within zones which are not represented on the board. If more than onezone is not represented on the board when a vacancy occurs, the zone entitledto elect a board member shall be decided by lot. [1975 c.249 §3; 1983 c.350 §120;1995 c.79 §92; 1995 c.534 §14]

 

      266.385Boundaries of zones for board members; adjustment for population and boundarychanges; filing of boundary change with county assessor and Department ofRevenue.(1) The board shall adjust zones established within a district as necessary tomake them as nearly equal in population as is feasible according to the latestfederal census. The board also shall adjust boundaries of zones as necessary toreflect boundary changes of the district.

      (2)For purposes of ad valorem taxation, a boundary change must be filed in finalapproved form with the county assessor and the Department of Revenue as providedin ORS 308.225. [1975 c.249 §4; 1983 c.350 §121; 2001 c.138 §10]

 

POWERSAND DUTIES

 

      266.410General district powers. Every district shall have power: