USA Statutes : oregon
Title : TITLE 24 PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
Chapter : Chapter 265 Cemetery Maintenance Districts
As used in this chapter, "district"
means a cemetery maintenance district organized under this chapter. [2003
c.802 §89]


(1) A cemetery maintenance district may be formed
in the manner provided by this chapter.

(2) 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. [Amended by 1953 c.69 §2; 1957
c.117 §1; 1963 c.519 §34; 1971 c.727 §85; 2001 c.138 §9; 2003 c.802 §90] A cemetery
maintenance district may be formed in an area aggregating not less than
4,000 acres in one body, or in an area of less extent if it has an
assessed valuation of not less than $200,000, as shown by the last county
assessment roll. [Amended by 1971 c.727 §86] (1) The power and authority
given a cemetery maintenance district shall be exercised by and through a
board of directors, each member of which shall be an elector of the
district.

(2) The electors of a district may elect a board of three directors
or five directors.

(3) Except as provided by ORS 265.100, each director shall be
elected to serve for a term of four years.

(4) The board of directors shall fill any vacancy on the board as
provided in ORS 198.320. [Amended by 1971 c.727 §88; 1973 c.796 §21; 1975
c.647 §25; 1983 c.83 §40; 1983 c.350 §106; 2003 c.284 §1]

     

(1) At a
meeting of the board of directors of a cemetery maintenance district, the
board may change the number of directors to be elected to the board by a
motion approved by an affirmative vote of a majority of the board.

(2) If the board votes to change the number of directors to be
elected to the board, the board shall notify the county clerk of the
county in which the petition to form the district was filed and the
Secretary of State within 30 days of taking action.

(3) If the board votes to increase the number of directors from
three to five, two new directors shall be elected at the next regular
district election. The board shall specify the term of office of the new
directors to maintain the election schedule for a five-member board as
specified in ORS 265.100.

(4) If the board votes to decrease the number of directors from
five to three, the board shall determine which director positions will be
eliminated. A person serving as a director in a position to be eliminated
may complete the person's term. The director positions that are
eliminated may not be placed on the ballot at a subsequent district
election. [2003 c.284 §4]


       

(1) Within
10 days after issuance of their certificates of election, the directors
elected as the first board of a district shall meet and organize by first
taking and subscribing an oath of office to the effect that they will
discharge faithfully the duties of their office to the best of their
ability. They first shall determine by lot the length of term each shall
hold.

(2) If the district has first elected a board of three directors,
the term of one director shall expire on June 30 next following the first
regular district election and the terms of two directors shall expire on
June 30 next following the second regular district election.

(3) If the district has first elected a board of five directors,
the term of two directors shall expire on June 30 next following the
first regular district election and the terms of three directors shall
expire on June 30 next following the second regular district election.
[Amended by 1971 c.727 §90; 1973 c.796 §22; 1975 c.647 §26; 1983 c.350
§107; 2003 c.284 §2]

     

The directors at any regular meeting may
call a special election of the electors of the district. [Amended by 1971
c.647 §51] (1) The directors shall hold
meetings at such time and place within the district as they may determine
upon. They shall hold at least one regular meeting in each month on a day
to be fixed by them and may hold such special meetings under such rules
as they may make.

(2) The directors shall, at the time of their organization, choose
from their number a chairperson, a secretary and a treasurer. The
secretary and treasurer may be the same person. All officers shall hold
their offices until the first regular meeting in January following
election and until their successors are elected and qualified. These
officers shall have, respectively, powers to perform the duties usual in
such cases.

(3) A majority shall constitute a quorum to do business. [Amended
by 1969 c.345 §5] (1) ORS chapter
255 governs the following:

(a) The nomination and election of directors.

(b) The conduct of district elections.

(2) The electors may exercise the powers of the initiative and
referendum regarding a district measure, in accordance with ORS 255.135
to 255.205. [1983 c.350 §110] The board of directors shall transact
all business pertinent to the affairs of a cemetery maintenance district.
The district has the power:

(1) To sue and be sued.

(2) To purchase, take by gift or devise, own, hold, manage and
operate land for cemetery purposes.

(3) To acquire in any manner permitted by law existing cemeteries
and to manage, operate, enlarge, maintain and beautify them.

(4) To plat and lay out in suitable cemetery lots and blocks for
burial purposes any land it may own or control.

(5) To make such contracts and to purchase and own such personal
property as may be necessary or convenient for carrying out the purposes
of this chapter.

(6) To sell or perpetually lease cemetery lots or tracts for burial
purposes.

(7) To set aside, at the discretion of the board of directors, not
to exceed one-half of the moneys derived from the sale or lease of
cemetery lots and tracts as an irreducible maintenance fund. Any money
gift or bequest, if so designated in the instrument creating the same,
shall be placed and held in the irreducible maintenance fund, and the
interest of such fund shall be used in the perpetual upkeep and
beautification of the cemetery and lots therein. Such fund shall be
invested only in such securities as state funds may be invested in by the
State Treasurer under the laws of this state.

(8) To do any and all things necessary or convenient for proper
ownership, operation, maintenance and management of the district property.

(9) To levy a tax on all taxable property within the district,
computed in accordance with ORS 308.207, for the purpose of defraying the
expenses of operation of the district and purchase of necessary property
therefor. [Amended by 1953 c.53 §2; 1963 c.9 §10; 1971 c.647 §52; 1987
c.531 §1; 2003 c.802 §91] (1) All funds collected on
behalf of the district through the levy of taxes, and all donations,
contributions, bequests or equities, or from any other source, shall be
deposited with the county treasurer to the credit of the district fund
and, except as otherwise provided in subsection (2) of this section,
shall be drawn out only upon proper order and warrant or check. The
warrant or check shall bear the signature of the treasurer and
countersignature of the chairperson.

(2) At the request of the district, all funds on deposit with the
county treasurer to the credit of the district shall be paid over by the
county treasurer to the district. [Amended by 1961 c.516 §1] All warrants for payment of
any indebtedness of the cemetery maintenance district which are unpaid
for want of funds shall bear interest at a rate to be fixed by the board
of directors, but in no event to exceed six percent per annum from the
date of indorsement "not paid for want of funds." The aggregate amount of
warrants issued shall not exceed the revenue to be received for the year
in which the indebtedness is incurred.