ORS 261.147
Resolution to remove territory not served by district

  • hearing
  • notice
  • election on question of removal
  • effect of removal

(1)

When any parcels of territory within an existing district are not being served by the district, the board of directors of the district may fix a place and time for a public hearing to consider the removal of such parcels from the district.

(2)

Notice stating the time and place of the hearing shall be published in accordance with ORS 261.161 (Hearing by county governing body) (1). The hearing may be adjourned from time to time, but shall not exceed four weeks in length. Public testimony shall be taken at the hearing.

(3)

Upon conclusion of the public hearing the board may by resolution remove such parcels, or any of them, from the district. The resolution shall become effective 30 days after passage, unless written requests for an election are filed as provided by subsection (4) of this section.

(4)

If written requests for an election are filed with the board within 30 days after passage of the resolution by not less than 15 percent of the electors or 100 electors registered in the parcels to be removed, whichever is the lesser number, an election on the question of removal of the parcels described in the resolution shall be held on the next scheduled general or special election date.

(5)

The electors eligible to vote in the election described in subsection (4) of this section shall be those electors who reside on the parcels described in the resolution.

(6)

From the date of removal, liability of the territory removed from the district for assessments and taxes levied after the date of removal by the district and for bonded and other indebtedness shall be in accordance with ORS 198.880 (Effect on withdrawn area) and 198.882 (Tax relief to withdrawn area). [1987 c.824 §3]

Source: Section 261.147 — Resolution to remove territory not served by district; hearing; notice; election on question of removal; effect of removal, https://www.­oregonlegislature.­gov/bills_laws/ors/ors261.­html.

261.005
Short title 261.007
Policy 261.010
Definitions 261.025
Statutory provisions cumulative 261.030
Limit of authority to control existing utilities of electric cooperatives or cities 261.035
Effect of chapter on charter provisions of cities and acquisition of plants 261.045
Procedure in absence of specific provision 261.050
Taxation of district property 261.055
Special elections called by board 261.060
Election procedure 261.065
Application of initiative, referendum and recall laws 261.105
Powers of district 261.110
Areas includable in district 261.113
Petition or resolution for formation to propose special levy for certain purposes 261.115
Contents of electors’ petition 261.118
Withdrawal from petition 261.121
Basis of computing percentage of petition signatures 261.131
Period for county clerk to certify petition 261.141
Formation, annexation or consolidation by resolution 261.147
Resolution to remove territory not served by district 261.151
Hearing by Director of State Department of Energy on district formation 261.161
Hearing by county governing body 261.171
County governing body to call election 261.180
Effect of annexation or consolidation on title to property and indebtedness 261.190
Election of first board of directors 261.200
Proclamation of district formation or boundary change 261.210
Payment of election expenses 261.215
When district formed 261.220
Mandamus to compel performance of its duties by county governing body 261.225
State agencies and private utilities to provide new district certain information 261.235
Definitions for ORS 261.235 to 261.255 261.240
Policy 261.241
Membership in electric cooperative or limited liability corporation 261.245
Authority of district to acquire interest in power facilities 261.250
District liability 261.253
Restriction on public contract imposing unconditional or unlimited financial obligation on electric utility 261.255
Use of district money or property 261.305
General powers of district 261.310
Irrigation, drainage, other districts given power of utility district in certain cases 261.315
Acquisition of distribution facilities outside district 261.325
Acquisition of water rights 261.327
Acquisition of distribution facilities of private utility 261.330
District water right appropriation exclusive if not excessive 261.335
Districts subject to public contracting and purchasing requirements 261.345
Employment of labor 261.348
Transactions for production, supply or delivery of electricity 261.350
Agreements for use of excess district facilities 261.355
Procedure for issuance and sale of revenue bonds 261.360
Authority to issue general obligation bonds 261.365
Bond requirements 261.371
Authority to issue and sell revenue bonds 261.375
Election to authorize district bond issue 261.380
Refunding district indebtedness 261.385
Levy and collection of taxes for certain purposes 261.390
Property taxable 261.405
Board of directors 261.410
Nomination and election of directors of established districts 261.415
Vacancy in office of director 261.420
Terms of office of directors 261.425
Officers of board 261.430
Board meetings 261.445
Appointment and removal of district manager 261.460
Legislative function of board 261.465
Board supervision and regulation of district utilities 261.470
Accounting system adopted by board 261.605
Testing validity of certain commission and board proceedings 261.610
Nature of proceeding 261.615
Appeal to Court of Appeals 261.620
Guidance for court determination 261.625
Costs of proceeding 261.630
Institution of proceeding by elector 261.635
Procedure exclusive 261.705
Authority to dissolve district 261.710
Call of election 261.715
Directors as trustees 261.720
Inventory and sale of district property 261.725
Disposal of sale proceeds 261.730
Disposal of district books and records 261.900
Construction
Green check means up to date. Up to date

Current through early 2024

§ 261.147’s source at oregon​.gov