Special Districts Generally

ORS 198.792
District formation or annexation proceedings to relieve public health danger

(1)

Proceedings may be initiated by the county board or any other public agency in accordance with ORS 431.705 (Definitions for ORS 431) to 431.760 (Certain persons prohibited from participating in proceedings):

(a)

To annex the affected territory to a district, as defined by ORS 431.705 (Definitions for ORS 431); or

(b)

To form a metropolitan service district as authorized by ORS chapter 268, or a county service district as authorized by ORS chapter 451, to include the affected territory.

(2)

The findings of the Director of the Oregon Health Authority when filed with the county board in accordance with ORS 431.735 (Director’s authority under ORS 431) or 431.750 (Commission review of alternative plan) shall be considered a petition for the purposes of ORS 198.705 (Definitions for ORS 198) to 198.955 (Disposition of assets). The county board of the principal county shall conduct proceedings in accordance with the findings and order of the director and with ORS 198.705 (Definitions for ORS 198) to 198.955 (Disposition of assets).

(3)

In proceedings described by subsection (1) of this section, the county board shall determine whether the affected territory shall be included in a new district or annexed to an existing district. The county board shall not inquire into the need for the proposed service facilities or adjust the boundaries of the affected territory. ORS 198.805 (Conduct of hearing) (2), and the provisions of ORS 198.810 (Order for formation) and 198.815 (Election on formation) providing for an election on the formation of or annexation to a district, do not apply to proceedings under this section. [1973 c.361 §14; 2009 c.595 §175]
Source

Last accessed
May 26, 2023

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