USA Statutes : oregon
Title : TITLE 24 PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
Chapter : Chapter 266 Park and Recreation Districts
As used in this chapter:

(1) "County board" means county court or board of county
commissioners of the county.

(2) "County" means the county in which the district, or the greater
portion of the taxable 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 a land sale contract, if there is such a contract.
[Subsection (2) (1967 Replacement Part) enacted as 1967 c.574 §2; 1969
c.668 §1; 1983 c.83 §41] (1) ORS chapter
255 governs the following:

(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 and referendum regarding a district measure, in accordance
with ORS 255.135 to 255.205. [1983 c.350 §118] (1) A community may form a
municipal corporation to provide park and recreation facilities for the
inhabitants.

(2) In addition to other required matters, the petition for
formation shall state the number of members to be on the district board
and the method of election of the board of the proposed district from
among the methods described in ORS 266.375. [Amended by 1957 c.57 §1;
1961 c.587 §1; 1969 c.668 §3; 1971 c.727 §91; 1975 c.249 §5] (1) The officers of
the district shall be a board of three or five members, to be elected by
the electors of the district, 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 officer of the district. [Amended by 1957 c.57 §2; 1969 c.668
§11; 1983 c.83 §42; 1983 c.350 §113](1) The number of district board members to be elected
shall be three or five, according to the number set forth in the petition
for formation. The terms of the first board members shall be determined
as provided in subsections (2) and (3) of this section.

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

(a) The candidates receiving the highest and the second highest
vote shall be elected to a term expiring June 30 next following the
second regular district election.

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

(b) The candidates receiving the fourth and fifth highest vote
shall be elected to a term expiring June 30 next following the first
regular district election. [Amended by 1957 c.57 §3; 1969 c.668 §12; 1971
c.647 §56; 1971 c.727 §192; 1983 c.350 §114](1) This section establishes the procedure for
determining the following questions:

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

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

(2) The question of increasing or decreasing the membership of the
district board shall be determined at a regular district election. The
district board shall order that the question be submitted to the electors
when a petition is filed with the secretary of the board requesting that
the electors of the district be permitted to vote on the question. The
requirements for preparing, circulating and filing the petition shall be
as provided for an initiative petition in ORS 255.135 to 255.205. The
board shall be increased to five members or decreased to three members if
a majority of the votes cast on the question favors the increase or
decrease. At an election to increase the membership, electors shall vote
for candidates to fill the additional positions.

(3) Not later than the 40th day before the regular district
election at which a question under this section will be submitted, the
district elections authority shall notify the Secretary of State. If the
electors favor the increase or decrease 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 the board members under ORS
266.335. [1957 c.57 §7; 1983 c.350 §115; 1985 c.808 §75] (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 candidate receiving the highest vote shall be elected. If two or
three board members are to be elected, the candidates receiving the first
and second or first, second and 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 who receives 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, the candidate receiving the highest vote among the
candidates nominated from the same zone shall be elected.

(2) Except as provided in ORS 266.320 and 266.335, the term of a
board member is four years. [Amended by 1957 c.57 §4; 1969 c.668 §13;
1973 c.796 §24; 1975 c.647 §28; 1983 c.350 §116](1) When a
district under ORS 266.325 expands the membership of its district board
from three to five members or reduces the membership of its board from
five to three members, the Secretary of State by rule shall provide for
continuing the schedule of biennial elections of board members as follows:

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

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

(2) The Secretary of State may adjust and stagger the terms of
board members as necessary 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 district under ORS 266.375. [1983 c.350 §112] A district board member
when elected shall take the oath of office within 10 days after receiving
the certificate of election. [Amended by 1969 c.345 §6; 1969 c.668
§§14,45](1) The park and recreation board shall be the
governing power of the district and shall exercise all powers of the
district.

(2) At its first meeting or as soon thereafter as may be
practicable, the board shall choose one of its members as president and
shall appoint a secretary who need 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 the minutes, choose a president pro
tempore, or secretary pro tempore, or both, as the case may be.

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

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

(5) The board shall fill any vacancy on the board as provided in
ORS 198.320. [Amended by 1983 c.350 §119] (1) The board members may
be elected in one of the following methods or a combination thereof:

(a) Elected by the electors of zones as nearly equal in population
as possible according 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 by electors of the district, as determined under
subsection (3) of this section.

(3) Where the method selected under subsection (2) of this section
includes a combination of nomination of candidates from zones and of
nomination of candidates at large, the number of candidates to be
nominated in each manner shall be specified in the petition submitted
under ORS 266.110 or in the petition or resolution under ORS 266.380.
[1975 c.249 §2](1) This section establishes the procedure for determining
whether the method adopted in a district for nominating and electing
board members should be changed to another 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 for an initiative petition in ORS 255.135 to 255.205.

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

(a) The petition shall contain a map indicating the proposed zone
boundaries. The map shall be attached to the cover sheet of the petition
and shall not exceed 14 inches by 17 inches in size.

(b) Notwithstanding ORS 250.035, the statement summarizing the
measure and its major 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 among the 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 a petition of nomination or vote for a
candidate from any zone or only for a candidate 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 zone boundaries and a metes and bounds or legal description of
the proposed zone boundaries. The map and description shall be prepared
by the county surveyor or county assessor and shall reflect any
adjustments made in the boundaries under subsection (6) of this section.

(4) The map to be contained in the petition under subsection (3) of
this section shall be prepared by the county surveyor or county assessor.
The chief petitioners shall pay the county for the cost of preparing the
map, as determined by the county surveyor or county assessor. The county
clerk shall not accept the prospective petition for filing until the
chief petitioners have paid the amount due.

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

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

(7) If the electors of the district approve the establishment of
zones or a change in the boundaries or the number of existing zones,
board members shall continue to serve until their terms of office expire.
As vacancies occur, positions to be filled by nomination or election by
zone shall be filled by persons who reside within zones which are not
represented on the board. If more than one zone is not represented on the
board when a vacancy occurs, the zone entitled to 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](1) The board shall adjust zones
established within a district as necessary to make them as nearly equal
in population as is feasible according to the latest federal census. The
board also shall adjust boundaries of zones as necessary to reflect
boundary changes of the district.

(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. [1975 c.249 §4; 1983 c.350 §121;
2001 c.138 §10]POWERS AND DUTIES Every district shall have power:

(1) To have and use a common seal.

(2) To sue and be sued in its name.

(3) To construct, reconstruct, alter, enlarge, operate and maintain
such lakes, parks, recreation grounds and buildings as, in the judgment
of the district board, are necessary or proper, and for this purpose to
acquire by lease, purchase, gift, devise, condemnation proceedings or
otherwise such real and personal property and rights of way, either
within or without the limits of the district as, in the judgment of the
board, are necessary or proper, and to pay for and hold the same.

(4) To make and accept any and all contracts, deeds, leases,
releases and documents of any kind which, in the judgment of the board,
are necessary or proper to the exercise of any power of the district, and
to direct the payment of all lawful claims or demands.

(5) To assess, levy and collect taxes to pay the cost of acquiring
sites for and constructing, reconstructing, altering, operating and
maintaining any lakes, parks, recreation grounds and buildings that may
be acquired, or any lawful claims against the district, and the running
expenses of the district.

(6) To employ all necessary agents and assistants, and to pay the
same.

(7) To make and enforce regulations:

(a) For the removal of garbage and other deleterious substances,
and all other sanitary regulations not in conflict with the Constitution,
the laws of Oregon or the regulations of the Environmental Quality
Commission.

(b) Governing the conduct of the users of the facilities of lakes,
parks, recreational grounds and buildings within the district.

(8) To prohibit any person violating any rule or regulation from
thereafter using the facilities of the district for such period as the
board may determine.

(9) To call necessary or proper elections after the formation of
the district.

(10) To enlarge the boundaries of the district as provided by ORS
198.705 to 198.955.

(11) To compel all residents and owners within the district to
connect their houses and habitations with the street sewers, drains or
other sewage disposal system.

(12) To establish and collect reasonable charges for the use of the
facilities of the district and issue appropriate evidence of the payment
of such charges.

(13) Generally to do and perform any and all acts necessary and
proper to the complete exercise and effect of any of its powers or the
purposes for which it was formed. [Amended by 1961 c.587 §5; 1969 c.668
§16; 1971 c.647 §57; 1971 c.727 §193; 1983 c.350 §122; 2001 c.104 §81] Each year the district board shall determine
and fix the amount of money to be levied and raised by taxation, for the
purposes of the district. The total amount in dollars and cents shall not
exceed one-half of one percent (0.0050) of the real market value of all
taxable property within the district, computed in accordance with ORS
308.207. [Amended by 1963 c.9 §11; 1969 c.668 §17; 1983 c.773 §3; 1991
c.459 §362] The park and recreation board, by resolution
duly adopted, may establish sinking funds for the purpose of defraying
the costs of acquiring land for park and recreation sites, and for
acquiring or constructing buildings or facilities thereon or therein. Any
such fund may be created through the inclusion annually within the tax
budget of the district of items representing the yearly installments to
be credited thereto. The amount of these items shall be collected and
credited to the proper fund in the same manner in which taxes levied or
revenues derived for other purposes for the district are collected and
credited. The balances to the credit of the funds need not be taken into
consideration or deducted from budget estimates by the levying authority
in preparing the annual budget of the district. None of the moneys in
such funds shall be diverted or transferred to other funds, but if
unexpended balances remain after disbursement of the funds for the
purpose for which they were created, such balances, upon approval by
resolution of the park and recreation board, shall be transferred to the
operation and maintenance fund of the district. (1) Except as
otherwise provided by ORS 266.530 to 266.580, the money of the district
shall be deposited, in the discretion of the district board, either with
the county treasurer of the county, in accordance with subsections (2) to
(4) of this section, or in one or more banks or savings and loan
associations to be designated by the board. Funds deposited in a bank or
savings and loan association shall be withdrawn or paid out only upon
proper order and warrant or check signed by the secretary and
countersigned by the president of the district board. The board may by
resolution designate a secretary pro tempore or a president pro tempore
who may sign warrants or checks on behalf of the secretary and president,
respectively.

(2) If district funds are deposited with the county treasurer, when
the tax collector pays over to the county treasurer moneys collected for
a district, the county treasurer shall keep the moneys in the county
treasury as follows:

(a) The county treasurer shall place and keep in a fund called the
operation and maintenance fund of the district (naming it) the moneys
levied by the district board for that fund.

(b) The county treasurer shall place and keep in a fund called the
construction fund of the district (naming it) the moneys levied by the
board for construction, reconstruction and alteration.

(3) The county treasurer shall pay out moneys from the funds only
upon the written order of the board, signed by the president and
countersigned by the secretary. The order shall specify the name of the
person to whom the money is to be paid and the fund from which it is to
be paid, and shall state generally the purpose for which the payment is
made. The order shall be entered in the minutes of the board.

(4) The county treasurer shall keep the order as a voucher, and
shall keep a specific account of receipts and disbursements of money for
the district. [Amended by 1969 c.668 §18; 1973 c.220 §1](1) Any general regulation of the district board
shall be adopted in accordance with ORS 198.510 to 198.600.

(2) Orders not establishing a general regulation need not be
published or posted, unless otherwise provided by this chapter, but shall
be entered in the minutes, and the entry shall be signed by the secretary
of the board. An ordinary order shall take effect upon the entry in the
minutes.

(3) Violation of a regulation enacted under ORS 266.410 (7) is a
misdemeanor punishable upon conviction by a fine not to exceed $100 or
imprisonment not to exceed five days, or both. [Amended by 1969 c.668
§19; 1971 c.268 §13] The
district board may call upon the district attorney for advice as to any
district business. The district attorney shall give advice when called on
therefor by the board. The board may at any time employ special counsel
for any purpose. [Amended by 1969 c.668 §20; 1971 c.268 §14] All fines for violation of any
regulation or order of the district board shall, when paid to the
secretary of the board, be deposited by the district in the operation and
maintenance fund of the district. [Amended by 1969 c.668 §21; 1971 c.268
§15; 1973 c.220 §2]
A district has the power to contract a bonded indebtedness for the
purpose of providing funds:

(1) To acquire land, rights of way, interests in land, buildings
and equipment.

(2) To improve land and develop parks and recreation grounds.

(3) To construct, reconstruct, improve, repair and furnish
buildings, gymnasiums, swimming pools, golf courses, driving ranges, boat
marinas and recreational facilities of every kind.

(4) To acquire equipment of all types, including vehicular
equipment necessary for and in the use, development and improvement of
the lands and facilities of the district.

(5) To pay the costs, expenses and attorney fees incurred in the
issue and sale of the bonds.

(6) To fund or refund outstanding indebtedness, or for any one or
combination of any such purposes. [Amended by 1969 c.668 §22] (1)
For the purpose of providing funds with which to put into effect one or
any combination of any of the purposes authorized under ORS 266.480, the
district board, when authorized by a majority of those voting at an
election called for that purpose, may borrow money and sell and dispose
of general obligation bonds.

(2) The district board:

(a) May order an election under this section on its own resolution;
or

(b) Shall order an election under this section when a petition is
filed as provided in this section.

(3) A petition shall specify a dollar amount for carrying out any
one or more of the purposes authorized by ORS 266.480. The requirements
for preparing, circulating and filing a petition under this section shall
be as provided for an initiative petition in ORS 255.135 to 255.205.
[Amended by 1967 c.609 §4; 1969 c.668 §23; 1975 c.627 §3; 1979 c.190
§410; 1983 c.350 §123](1) Whenever authorized by the electors, the
district board may issue general obligation bonds of the district, not
exceeding in value the amount stated in the notice of election and for
the purpose therein named, bearing interest at a rate determined by the
board, payable semiannually, redeemable at such time or times as the
board may, at the time of providing for the issuance thereof, determine,
but due and payable not to exceed 30 years from date.

(2) The aggregate amount of general obligation bonds issued and
outstanding at any one time shall in no case exceed two and one-half
percent of the real market value of all taxable property of the district,
computed in accordance with ORS 308.207.

(3) General obligation or revenue bonds must recite that they are
issued under this chapter. All bonds shall be signed by the president of
the district board, attested by the secretary and registered by the
county treasurer. The interest coupons thereto annexed shall be signed by
the president and secretary, by their original or engraved facsimile
signatures.

(4) All general obligation and revenue bonds issued, including
refunding bonds, shall be advertised and sold in the manner prescribed by
ORS 287.014 to 287.022 for the sale of bonds of cities of this state.
[1969 c.668 §26 (enacted in lieu of 266.510 and 266.520); 1981 c.94 §15;
1991 c.459 §363] In addition to the
authority to issue general obligation bonds, a district, when authorized
by a majority of those voting at an election called for that purpose, may
sell and dispose of revenue bonds, and pledge as security therefor all or
any part of the unobligated net revenue of the district or a recreational
facility of the district, to purchase, acquire, construct, reconstruct or
improve a facility, or to perform any of those acts in combination, for
any authorized purpose. Revenue bonds shall be issued in the same manner
and form as are general obligation bonds of the district, but they shall
be payable, both as to principal and interest, from revenues only.
Revenue bonds shall not be subject to the limitation provided by ORS
266.512 applicable to general obligation bonds and shall not be a lien
upon any of the taxable property within the limits of the district.
Revenue bonds shall be payable solely from such part of the revenue of
the district as remains after payment of obligations having a priority
and of all expenses of operation and maintenance of the district,
including any taxes levied against it. All revenue bonds shall contain a
clause reciting that both the principal and interest are payable solely
from operating revenues of the district remaining after paying such
obligations and expenses. [1969 c.668 §26a] Refunding bonds of the same character and
tenor as those replaced thereby may be issued pursuant to a resolution
duly adopted by the district board without submitting to the electors the
question of authorizing the issuance of such bonds. [1969 c.668 §26b] (1) In carrying out the
powers conferred by this chapter, a district may contract with the United
States or any agency thereof for the acquisition, construction,
reconstruction, maintenance and operation, or any of them, of park and
recreation facilities.

(2) Contract provisions for repayment of any loan from the United
States, and the bonds securing the payment of the same, if any are
issued, may be of such denomination, for such term not exceeding 50 years
and may call for the payment of such interest not exceeding seven percent
per annum, may provide for such installments and for repayment of the
principal at such times, as may be required by the federal laws and as
may be agreed upon between the district board and the United States
agency. [1969 c.668 §26c; 1973 c.86 §1](1) The county treasurer shall register each bond issued
pursuant to ORS 266.480 in a book kept for that purpose in the office of
the county treasurer, noting the district, amount, date, time and place
of payment, rate of interest and such other facts as may be deemed proper.

(2) The county treasurer shall cause the bonds to be delivered
promptly to the purchasers upon payment therefor, and shall hold the
proceeds of the sale of the bonds subject to the order of the district
board to be used solely for the purpose for which the bonds were issued.

(3) When the bonds have been so executed, registered and delivered,
their legality shall not be open to contest by the district or by any
person or corporation for or on its behalf, for any reason whatever.
[Amended by 1969 c.668 §27](1) The district board shall ascertain and
levy annually, in addition to all other taxes, a direct annual ad valorem
tax on all taxable property in the district, which tax shall be outside
of and in addition to the annual levy limitation contained in ORS
266.420, and which tax shall be for an amount sufficient:

(a) To pay the interest accruing on the bonds promptly as it
becomes due.

(b) To raise a percentum of the principal of the bonds as will, in
equal annual installments, be sufficient to retire all the bonds as they
mature.

(2) The funds derived from such tax levies shall be retained by the
county treasurer, and kept by the county treasurer in a separate fund to
be known as and designated "______ Park and Recreation District bond
interest and sinking fund." The fund shall be irrevocably pledged to and
used solely for the payment of the interest accruing on and the principal
of the bonds when due, so long as any of the bonds or the coupons thereto
appertaining remain outstanding and unpaid. The interest earnings of the
fund shall be credited thereto and become a part thereof. [Amended by
1969 c.668 §28] If the
district board fails or refuses to levy the tax necessary for the
interest, principal or sinking fund, the county treasurer shall ascertain
and certify the amount necessary to the county board. The county board
shall then levy a tax sufficient to raise the sum so required and
ascertained by the county treasurer. The proper county officer having
power to extend county taxes shall extend such tax upon the tax roll of
the county upon the taxable property of the district. The proper county
officer whose duty it is to collect taxes shall collect such tax
according to law, and shall pay the funds so collected into the county
treasury to the credit of the bond interest and sinking fund of the
district to be used in the payment of the bonds and interest. [Amended by
1969 c.668 §29] (1) Whenever the amount of any
sinking fund created under ORS 266.480 and 266.540 equals the amount,
principal and interest, of any bond then due or subject under the
pleasure or option of the district to be paid or redeemed, the county
treasurer of the county in which the district is located shall notify the
holder of the bond and shall publish a notice in the newspaper published
nearest to the district.

(2) The county treasurer shall, within 30 days from the date of the
notice, redeem and pay any bond then redeemable and payable, giving
priority according to the date of issuance numerically, upon presentation
of the bond at the place of payment specified therein.

(3) In case any holder of such bonds fails to present them at the
time mentioned in the notice the interest thereon shall cease, and the
county treasurer shall thereafter pay only the amount of the bond and the
interest accrued thereon up to the last day of the time of redemption
mentioned in the notice.

(4) When any bonds are so redeemed or paid, the county treasurer
shall cause them to be canceled and write across the face thereof
"redeemed" and the date of redemption, and shall deliver them to the
district board, taking its receipt therefor. [Amended by 1969 c.668 §30](1) The principal of and the interest on the bonds
shall be payable in lawful money of the United States of America at the
office of the treasurer of the county or at the fiscal agency of the
State of Oregon in the city of New York, at the option of the purchaser
thereof.

(2) The county treasurer must cause to be paid out of any money in
the hands of the county treasurer belonging to the district the interest
on or principal of any bond issued pursuant to ORS 266.480 promptly when
and as the same becomes due at the place of payment designated in the
coupons or bonds.

(3) All coupons or bonds so paid must be immediately reported to
the district board.

(4) No county treasurer or district board shall pay to the
purchaser of any bond issued pursuant to ORS 266.480 or to any agency
representing such purchaser, any commission whatsoever for collection of
the interest on or principal of any bond so issued.

(5) The county treasurer shall not be required to remit to the
purchaser of any bonds or coupons the amount necessary to redeem such
bonds or coupons until the day they are due. [Amended by 1969 c.668 §31] All proceedings taken
prior to March 18, 1949, in the authorization and issuance of bonds by
any district pursuant to ORS 266.480 to 266.512 and 266.530 to 266.580
hereby are validated, ratified, confirmed and approved, notwithstanding
any defects and irregularities in the proceedings or any part thereof,
and notwithstanding that the amount of the bonded indebtedness to be
incurred was not stated upon the ballot used in the election authorizing
the issuance of the bonds. [Amended by 1969 c.668 §32]

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