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USA Statutes : oregon
Title : TITLE 31 HIGHWAYS, ROADS, BRIDGES AND FERRIES
Chapter : Chapter 372 Highway Lighting Districts
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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 of highway 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 a district.
(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 the vendee under a recorded land sale contract, if there is
such a contract. [Amended by 1955 c.80 §1; 1971 c.514 §1; 1983 c.83 §83] The abutting property
owners or the electors resident along any highway may organize a highway
lighting district for the purpose of illuminating the highway abutting
their respective properties in the manner provided by this chapter.
[Amended by 1971 c.514 §2; 1971 c.727 §109] A highway lighting district may be
entirely outside the limits of a city or it may be both outside and
inside such limits. The boundary lines of the district shall include only
territory that abuts a portion, not less than 600 feet in length, of a
highway. [Amended by 1971 c.514 §3] A petition for the
formation of a district, in addition to other matters required, shall set
forth:
(1) The number of owners of property abutting the highway within
the proposed district.
(2) The estimated initial cost of the acquisition and installation
of the lighting equipment and the easements or permits necessary to carry
out the purposes of the proposed district.
(3) The estimated annual cost of maintenance and operation.
(4) Further information as appropriate to fully inform the public
of the plan of illumination of the highway. [Amended by 1971 c.514 §4;
1971 c.727 §110](1) The county
board may be established as the governing board of a district. If the
petition for formation filed under ORS 372.040 requests the county board
to be the governing board of the 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 district board 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 by the landowners in the district. A
petition presented by landowners shall be signed by landowners within the
district owning not less than 50 percent of the front footage abutting
the portion of highway included within the district. A copy of a
landowners’ petition shall be sent to the district board before it is
filed with the county board. When a county board becomes the governing
body of a district under this subsection, the district board shall turn
over to the county board the books, records, files, assets and
obligations of the district and upon the delivery thereof, the county
board shall become and thereafter act as the district board. [1971 c.514
§20b; 1987 c.158 §65] Upon the filing of the
petition for formation, the county board shall, by order, direct the
county engineer to:
(1) Make an inspection and investigation of the proposed lighting
project and of the area described in the petition with respect to
feasibility and public convenience and necessity.
(2) File a report for the proposed district with the county board
on or before a day specified in the order, but not later than the day
fixed for the hearing on the petition. [Amended by 1965 c.85 §1; 1971
c.514 §9; 1971 c.727 §111] A highway lighting district may:
(1) Make contracts.
(2) Hold, receive and dispose of real and personal property within
and without its described boundaries.
(3) Do all other acts and things requisite, necessary or convenient
in carrying out the objects of the district or exercising the powers
expressly conferred upon it by this chapter.
(4) Sue and be sued, plead and be impleaded in all actions and
suits or other proceedings brought by or against it.
(5) Have and exercise within and without its boundaries the same
rights and powers as other local governments as defined in ORS 174.116,
in purchasing and selling real 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, lighting fixtures and all types of property necessary to enable
the district to carry out its purposes.
(7) Enter into contracts with any person:
(a) For the construction, maintenance and operation, or any of
these, of the lighting facilities or any one or more of such services.
(b) For the renewal, upkeep and maintenance of the lighting
facilities or any part thereof.
(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, and its successors in interest, with respect to any
phases of the lighting of any highway within the district which is owned
by the state or under its control. [Amended by 1971 c.514 §14; 2003 c.802
§110](1) The plans and specifications for the illumination of a
state highway shall be submitted to and be approved by the Department of
Transportation before a district is authorized to acquire the equipment
for illumination or to install it on any state highway.
(2) A district shall maintain and operate illumination equipment on
a state highway in cooperation with and with the approval of the
Department of Transportation. [Amended by 1971 c.514 §15] (1) The district
may assess, levy and collect assessments upon all real property situate
within its boundaries and which is by law taxable for state and county
purposes in each year, on any reasonable basis of assessment. However,
the assessment shall not exceed $1 per each 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 in carrying out the
objects and purposes of the district.
(2) The district may also assess, levy and collect a special
assessment upon all such property in an amount sufficient to pay the
initial construction and installation cost. [Amended by 1965 c.21 §1;
1971 c.514 §17]For purposes of ad valorem taxation, a boundary change must
be filed in final approved form with the county assessor and the
Department of Revenue as provided in ORS 308.225. [2001 c.138 §25] (1) The district
board each year shall estimate assessments needed, and the amount thereof
shall be levied and returned to the county officer whose duty it is to
extend the tax roll at the time 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 over to the district according to law.
(3) The county officer whose duty it is to extend the county levy
shall extend the levy of the district in the same manner as city taxes
are extended. The district 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 by the district in like manner and with like effect as
in the case of county and state taxes. [Amended by 1971 c.514 §18; 1991
c.459 §392] Except
for railroad right of way that abuts on the highway at a grade crossing,
railroad right of way shall not be subject to assessment by a district.
[Amended by 1971 c.514 §19](1) The power given to districts, except as otherwise
provided by this chapter, is vested in and shall be exercised by a board
of five commissioners. Except as provided by ORS 372.210, each
commissioner shall be appointed to serve for a term of four years. The
order by which the county board proclaims the formation of the district
shall appoint five commissioners to serve as the first board of the
district.
(2) Each commissioner shall be an elector of the district.
(3) Notwithstanding subsection (2) of this section, if there are
fewer than 10 electors registered in the district, the county board may
appoint as commissioner any owner of land within the district who also is
an elector of the state as defined in ORS 246.012. [Amended by 1971 c.514
§20; 1983 c.48 §1](1) Within 10 days after the issuance of the order proclaiming
the formation of a district, the commissioners shall meet and organize by
each first taking and subscribing an oath of office.
(2) After qualifying, the commissioners first appointed shall
determine by lot the length of term each shall hold office. The term of
one commissioner shall expire the first Monday in January next following
the appointment of that commissioner and the terms of the other four
shall expire one in one year, one in two years and two in three years
after the first Monday in January next following their appointment.
(3) Each year during December the county board shall appoint a
successor for any commissioner whose term expires the next following
January.
(4) If a commissioner ceases to be an elector of the district, or
if a commissioner who is not an elector of the district and who is
appointed to serve under ORS 372.200 (3) or 372.360 (2) ceases to be an
elector of the state or an owner of land within the district, the
commissioner is automatically disqualified. If a vacancy occurs as
provided by this subsection or for any other cause, the county board
shall by order appoint a successor to hold office until the expiration of
the predecessor’s term. [Amended by 1969 c.669 §7; 1971 c.514 §21; 1983
c.48 §2] (1) The district board
shall hold meetings at the times and places within the district as it
determines. It shall hold at least one regular meeting annually in
January on a day to be fixed by the 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, a president, secretary and a treasurer, who shall hold
their offices until the first regular meeting in January, or until a
successor is appointed and qualified. The officers shall have the powers
and perform the duties usual in such cases.
(3) A majority shall constitute a quorum to do business, and in the
absence of the president any other member may preside at any meeting as
provided by the rules of the board. [Amended by 1965 c.85 §3; 1971 c.514
§22] 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 of remuneration fixed by the board. [Amended by
1971 c.403 §6; 1971 c.514 §23]
(1) All moneys of a district shall be deposited in one or more banks
designated by the district board. Moneys shall be paid out only when
previously ordered by vote of the board and upon a check signed by the
treasurer and countersigned by the president, or in the absence or
inability of the president to act, by the secretary. A receipt or
voucher, showing clearly the nature and items covered by each check
drawn, shall be kept on file.
(2) Annual reports shall be made and filed by the president,
secretary and treasurer, and at least once in each year a full and
complete itemized statement of receipts and expenditures shall be
published in a newspaper of general circulation, published in the county.
[Amended by 1971 c.514 §24] All the proceedings
of the district board shall be entered at large in a record book. All
books, maps, plans, documents, correspondence, vouchers, reports and
other papers and records pertaining to the business of the district shall
be carefully preserved, and shall be open to inspection as public
records. [Amended by 1971 c.514 §25] The electors of a
district may exercise the initiative and referendum powers with reference
to legislation of the district, in accordance with ORS 255.135 to
255.205. [Amended by 1971 c.514 §26; 1983 c.350 §247]
Land abutting
a highway may be annexed to a highway lighting district. The petition
shall set forth in addition to other matters the information required by
ORS 372.040 as applied to the area proposed to be annexed. [1955 c.80 §3;
1971 c.514 §37; 1971 c.727 §112] In an order
of consolidation or merger of two or more districts, the county board:
(1) Shall appoint, except as provided in subsection (2) of this
section, five electors of the surviving or successor district as members
of the first district board of the consolidated district.
(2) May appoint, if there are fewer than 10 electors registered in
the consolidated district, any owner of land within the district who is
also an elector of the state as defined in ORS 246.012. [1955 c.80 §8;
1971 c.514 §41; 1971 c.727 §113; 1983 c.48 §3](1) The landowners within a district may petition the county
board for withdrawal of a designated and described contiguous area lying
along the boundary of and included in the district.
(2) The county board, where it appears that the petition has been
signed by 10 percent of the landowners representing not less than 10
percent of the front footage abutting the highway included in the
district, shall fix a time and place for hearing the petition, which time
shall be not less than 31 nor more than 50 days after the date of receipt
thereof. At least 10 days prior to the hearing, the county board shall
publish a notice thereof by two insertions in a newspaper of general
circulation in the district. [1971 c.514 §28]At the time of filing the petition for
withdrawal, the petitioners shall deposit with the county clerk a sum of
money sufficient to defray all the costs of publication and the expenses
of preparing and filing with the county board the description of the
boundaries of the district remaining, should such designated area be
withdrawn. The petitioners shall have notice of the filing of the
petition given in writing to the secretary of the district board and
shall furnish the secretary with a copy of the petition as filed within
five days after it is filed. [1971 c.514 §29](1) If at the time and
place set for hearing upon the withdrawal petition no remonstrance is
filed, either orally or in writing, the county board shall enter an order
withdrawing the designated and described contiguous area from the
district. If at the hearing any remonstrance is filed and after the
hearing the county board is satisfied that the petition should not be
granted, then the board may deny the petition or it may change the
boundaries of the area proposed to be withdrawn and grant the petition.
The boundaries may be reduced if such boundary change will eliminate the
remonstrance filed in whole or in part, and if the county board finds
that:
(a) The lands withdrawn could not be benefited by the district; and
(b) The lands remaining in the district will meet the requirements
of ORS 372.030.
(2) If the petition is granted, the county board shall enter an
order withdrawing the area from the district. [1971 c.514 §30]The area withdrawn shall, after the date of entry of the
withdrawal order, be free from assessments and taxes levied thereafter by
the district. However, the withdrawn area shall be taxed for its
proportionate share of any indebtedness existing at the time of the
order. The proportionate share shall be based on the assessed valuation,
according to the assessment roll in the year of the levy, of all property
contained in the district immediately prior to the withdrawal. [1971
c.514 §31] Dissolution of
a district may be initiated:
(1) By a petition for dissolution of the district, filed with the
district board, signed by the owners representing not less than 50
percent of the front footage abutting the highway included in the
district.
(2) By resolution of the district board when it determines that it
is in the best interests of the inhabitants of the district that the
district be dissolved and liquidated. [1971 c.514 §33] (1)
When the dissolution of a district is proposed, the board shall make
findings of fact which shall include:
(a) The amount of each outstanding indebtedness, together with a
general description thereof and the holders thereof, so far as known.
(b) The estimated cost of dissolution.
(c) The assets of the district.
(d) A detailed statement of all lands acquired by the district for
delinquent taxes or delinquent assessments and the amount of the taxes
and assessments on each parcel of land sold.
(e) All taxes or assessments unpaid and the amount upon each lot or
tract of land and all other assets of the district.
(2) The board shall propose a plan of dissolution and liquidation
which may include provision for transfer and conveyance of all assets of
the district to any county service district organized under ORS chapter
451 which will assume all its outstanding indebtedness and undertake to
continue to furnish service to the inhabitants of the district.
(3) The findings of fact and proposed plan of dissolution and
liquidation shall be filed in the office of the county clerk of the
county. [1971 c.514 §34](1) When the district board has complied with ORS 372.460, it
shall thereupon file the petition or resolution with the county board of
the county and request dissolution of the district in accordance with the
plan. No proposal shall be filed until the assent of all known holders of
valid indebtedness against the district is obtained or provision is made
in the plan for payment of the nonassenting holders.
(2) Upon the filing of the proposal, the county board shall fix a
time for, and cause notice to be given of, a hearing on the petition. The
hearing shall be held not less than 30 nor more than 50 days after the
date the petition is filed with the board. Notice of the hearing shall be
given by:
(a) Posting in three public places within the district not less
than 15 days prior to the hearing; and
(b) Publication in some newspaper of general circulation in the
district once a week for three successive weeks before the hearing,
making three publications, the last publication being at least five days
before the hearing.
(3) The notice shall state the time and the place of the hearing,
that it is proposed to dissolve the district and that any interested
person may appear and shall be given a reasonable opportunity to be
heard. The notice shall give a brief summary of the proposed plan of
dissolution and liquidation and state that a copy is on file at the
office of the county clerk, available for inspection. [1971 c.514 §35](1) After
the hearing, if the county board determines it is in the best interest of
the district to dissolve, it shall grant the petition and enter an order
dissolving the district or the county board may deny the petition. If an
order is entered dissolving the district, the district board shall
thereupon constitute a board of trustees to dispose of the property of
the district and pay its debts and obligations or procure releases
thereof.
(2) If a county service district assumes all indebtedness of the
highway lighting district and undertakes to continue to furnish service
to the inhabitants pursuant to the plan of dissolution and liquidation,
and if the consent of all the known holders of valid indebtedness against
the district has been obtained or provision has been made in the plan for
payment of the nonassenting holders, the board of trustees may convey to
the county service district all assets of the highway lighting district
as described by the district board under ORS 372.460 after paying and
discharging the debts to, or procuring releases from, the nonassenting
holders.
(3) Except as provided by subsection (2) of this section, any
surplus funds remaining to the credit of the district, after payment of
the indebtedness of the district, shall be turned over to the county
treasurer to become a part of the general fund of the county. If the
assets of the district are insufficient to pay the indebtedness, the
board of trustees shall levy taxes, within the limits of the authority of
the district, for the liquidation of such indebtedness.
(4) Upon completing liquidation of the highway lighting district,
the board of trustees shall execute, under oath, a signed statement that
the district has been dissolved and its affairs liquidated, which
statement shall be filed in the office of the county clerk of the county.
[1971 c.514 §36]
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