______________________________________________________________________________
Whereas at an election duly and regularly held on the ___ day of ______, 2___, within ______ County (or ______ Counties), State of Oregon, and within the boundaries of a proposed district as herein described, there was submitted to the electors thereof the question whether or not a people’s utility district should be incorporated as the (here insert name of district) and to give authority to impose a special levy of $_____ under and pursuant to the provisions of ORS chapter 261; and
Whereas at the election so held ___ votes were cast in favor of incorporation, and ___ votes were cast against incorporation; and
Whereas the incorporation of the (here insert name of district) received the affirmative vote of the majority of the votes cast at the election;
Now, therefore, the undersigned hereby does proclaim and declare that all of that part of the State of Oregon, described as (here insert description) has been duly and legally incorporated as the ______ People’s Utility District under and pursuant to the Constitution and laws of the State of Oregon, and the district has the authority to collect the sum of $_____ by special levy against the taxable property within the district.
Chairperson of the County Governing Body.
By ____________
______________________________________________________________________________
(2) The proclamation for annexing a parcel of territory or a city to an existing district or the consolidation of two or more existing districts, or both, shall be adaptations of the above proclamation.
(3) The proclamation of formation, with the notice of boundary change under ORS 308.225, shall be filed by the district with the county assessor of each county in which any portion of the district is situated, who shall thereupon enter the special levy.
(4) Expenditure of the moneys received from the special levy for the purposes stated in the petition for district formation may be made by the district without prior adoption of a budget under ORS 294.305 to 294.565.
(5) Following proclamation of formation of a district, any person whose property has been improperly included within a district, contrary to the provisions of ORS 261.110 (5) or (7), may petition a county governing body to revise the district boundaries to exclude the property. After notice to the district, and a hearing on the petition, the county governing body shall revise the district boundaries to exclude such property as it finds should not have been included within the district under the standards set forth in ORS 261.110 (5) or (7). Upon such findings and boundary revisions a district shall be permitted to refund related taxes paid that are based upon assessments made after January 1, 1978. Boundary revisions shall comply with ORS 308.225. The remedy provided in this subsection shall be available only to persons owning property in districts which were formed after January 1, 1978. [Amended by 1973 c.796 §13; 1979 c.558 §17; 1981 c.758 §2; 2003 c.14 §124; 2003 c.802 §73; 2017 c.26 §7]
Structure 2021 Oregon Revised Statutes
Volume : 07 - Public Facilities and Finance
Chapter 261 - People’s Utility Districts
Section 261.010 - Definitions.
Section 261.050 - Taxation of district property.
Section 261.105 - Powers of district; formation; annexation; consolidation.
Section 261.110 - Areas includable in district; description of district in petition for election.
Section 261.115 - Contents of electors’ petition; certification.
Section 261.141 - Formation, annexation or consolidation by resolution; contents of resolution.
Section 261.161 - Hearing by county governing body; notice; determination of boundaries.
Section 261.171 - County governing body to call election; notice; dates.
Section 261.180 - Effect of annexation or consolidation on title to property and indebtedness.
Section 261.190 - Election of first board of directors; qualifications; tenure.
Section 261.210 - Payment of election expenses; security deposit.
Section 261.225 - State agencies and private utilities to provide new district certain information.
Section 261.235 - Definitions for ORS 261.235 to 261.255.
Section 261.240 - Policy; construction.
Section 261.250 - District liability; application of moneys; use of power of eminent domain.
Section 261.305 - General powers of district.
Section 261.315 - Acquisition of distribution facilities outside district.
Section 261.335 - Districts subject to public contracting and purchasing requirements.
Section 261.355 - Procedure for issuance and sale of revenue bonds.
Section 261.360 - Authority to issue general obligation bonds.
Section 261.365 - Bond requirements.
Section 261.375 - Election to authorize district bond issue.
Section 261.380 - Refunding district indebtedness.
Section 261.385 - Levy and collection of taxes for certain purposes.
Section 261.405 - Board of directors; election; qualifications.
Section 261.410 - Nomination and election of directors of established districts.
Section 261.415 - Vacancy in office of director.
Section 261.425 - Officers of board.
Section 261.430 - Board meetings.
Section 261.460 - Legislative function of board.
Section 261.465 - Board supervision and regulation of district utilities; fixing rates.
Section 261.470 - Accounting system adopted by board; annual reports; annual audit.
Section 261.605 - Testing validity of certain commission and board proceedings.
Section 261.610 - Nature of proceeding; notice; appearance to contest; court determinations.
Section 261.630 - Institution of proceeding by elector; directors as parties; notice.
Section 261.710 - Call of election; effect of favorable vote.