(a) Petitions to consolidate filed with the State Department of Agriculture by 500 electors or 10 percent of the electors, whichever is less, within the districts affected; or
(b) Resolutions to consolidate adopted by the board of directors of each district to be affected by the consolidation and filed with the department.
(2) The department shall prescribe the form for the petition. The petition must include, but need not be limited to, a legal description of the districts, name and contact information for the chief petitioner and the reasons for the proposed consolidation.
(3) If consolidation is initiated as provided in this section, the department shall hold a public hearing no later than 60 days after receipt of the petitions or resolutions. The department shall conduct the public hearing for the purposes of reviewing the petitions or resolutions, discussing procedures and requirements under ORS 568.460, 568.471 and 568.545 and accepting public comment.
(4)(a) If all of the districts involved in a consolidation have tax levies, the districts shall hold a referendum election on the consolidation unless:
(A) No objections to the consolidation are received at the public hearing described in subsection (3) of this section; and
(B) No later than 60 days after the public hearing described in subsection (3) of this section, a two-thirds majority of the board of directors in each of the districts votes to approve the consolidation and the boundaries of the consolidated district.
(b) The permanent tax rate for the consolidated district shall be established as provided under section 11 (3)(d), Article XI of the Oregon Constitution.
(5) If none of the districts involved in a consolidation have tax levies, the districts shall hold a referendum election on the consolidation unless:
(a) No objections to the consolidation are received at the public hearing described in subsection (3) of this section; and
(b) No later than 60 days after the public hearing described in subsection (3) of this section, a two-thirds majority of the board of directors in each of the districts votes to approve the consolidation and the boundaries of the consolidated district.
(6) If a consolidation is between one or more districts having tax levies and one or more districts that do not have tax levies, the districts shall hold a referendum election on the consolidation. The ballot measure shall indicate that a single question is being proposed, consisting of whether the districts should consolidate into a single district for which the permanent rate limit specified in the ballot measure shall be adopted as the permanent rate limit of operating taxes for the consolidated district.
(7) The counties containing the affected districts shall administer the referendum election process as provided under ORS chapter 255. [Amended by 1965 c.155 §1; 1981 c.92 §21; 2005 c.281 §1; 2009 c.220 §16]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 568 - Soil and Water Conservation; Water Quality Management
Section 568.210 - Definitions for ORS 568.210 to 568.808 and 568.900 to 568.933.
Section 568.300 - Petition for formation of district; contents; consolidation of petitions.
Section 568.310 - Notice of hearing; questions considered.
Section 568.320 - Right to be heard; subsequent notice and hearings.
Section 568.340 - Determination to not form district; subsequent petitions may be filed.
Section 568.370 - Eligible electors.
Section 568.391 - Referendum process; ballot contents; results.
Section 568.410 - Formation of district.
Section 568.420 - Certificate of formation; boundaries of district.
Section 568.431 - Petitions for inclusion of territory; conditions; referendum.
Section 568.433 - Petitions for withdrawal of territory; conditions; referendum.
Section 568.435 - Boundary change notice for taxation purposes.
Section 568.450 - Procedure for consolidating districts.
Section 568.495 - Disposition of district assets; insolvency; rules.
Section 568.520 - Petitions nominating directors; regular elections; duties of department.
Section 568.530 - Ballots; write-in votes; unfilled positions.
Section 568.542 - Payment of expenses for director election from county funds.
Section 568.565 - Procedures for changing number of directors.
Section 568.600 - Legal counsel; delegation of powers; assistance to department.
Section 568.610 - Records; audits.
Section 568.790 - County funds for personnel and other uses.
Section 568.803 - General obligation bonds; refunding bonds; special taxes.
Section 568.805 - Special assessments; improvement bonds; objections by landowners.
Section 568.806 - Ad valorem tax; budget; collection.
Section 568.807 - Electors authorizing taxation; election date.
Section 568.810 - Purpose of ORS 568.810 to 568.890; types of wind erosion.
Section 568.820 - Designation of areas by county court upon petition; description of boundaries.
Section 568.840 - Election of advisory board; meetings; members; functions.
Section 568.860 - Inspector may enter lands in district; service of notice on owner or occupant.
Section 568.870 - County court may authorize inspector to control erosion; expenses of control.
Section 568.900 - Definitions for ORS 568.900 to 568.933.
Section 568.933 - Civil penalties; availability; reductions.