451.610. ����� (2) If the county board proceeds as provided by subsection (1)(b) of this section and the district is terminated as provided by ORS 451.577, the county board shall thereafter enter an

451.610.

����� (2) If the county board proceeds as provided by subsection (1)(b) of this section and the district is terminated as provided by ORS 451.577, the county board shall thereafter enter an order terminating all further proceedings under ORS 198.345 to 198.365. [1971 c.267 �12; 1977 c.774 �15; 1979 c.286 �2; 2007 c.71 �69]

����� 198.365 County board as trustees for inactive district; distribution of assets; levy of tax to meet debts; delivery of records. (1) If the county board finds that the district is not active and that there is no need for the district, the board shall thereupon constitute a board of trustees for the purpose of paying the debts and disposing of the property of the district.

����� (2) Any surplus funds and assets remaining to the credit of the district, after payment of the debts of the district, shall be credited to the county general fund available for general purposes. If the district was located in more than one county, the surplus shall be apportioned and turned over to each county in which the district was located. The funds and assets shall be apportioned according to the proportion in each county of the assessed valuation of taxable property in the district.

����� (3) If the assets of the district are insufficient to pay the debts of the district, the county board acting as a levying board for the district shall levy taxes, within the limits of the authority of the district, for the liquidation of the debts. If the only debt of the district is the cost of the proceedings conducted under ORS 198.345 to 198.365, the county shall pay the cost of the proceedings.

����� (4) When the proceedings are completed, the county board shall deliver the books and records of the district to the county clerk. [1971 c.267 �13]

RECALL

����� 198.410 Definition for ORS 198.425 and 198.430. As used in ORS 198.425 and 198.430, unless the context requires otherwise, �district officer� means a member of the governing body of a district who serves as such by virtue of election to such position. [1969 c.325 �1; 1971 c.23 �6; 1981 c.173 �2; 1983 c.83 �4]

����� 198.420 [1969 c.325 �2; repealed by 1971 c.23 �12]

����� 198.425 Recall of district officers generally. ORS 249.865 to 249.877 apply to the recall of a district officer of:

����� (1) A district defined in ORS 255.012; or

����� (2) Except as provided in ORS 545.189, an irrigation district organized under ORS chapter 545. [1981 c.173 �5; 2017 c.525 �1]

����� 198.430 Recall of officers of districts other than districts defined in ORS 255.012. (1) Before circulating a petition for recall of a district officer of a district other than a district defined in ORS 255.012, the petitioner shall file the petition with the officer with whom a petition for nomination to such office should be filed. Except as provided in this subsection, if there is no such officer or if the officer is the district officer against whom the petition is being filed, the petition shall be filed with the county clerk of the county in which the administrative office of the district is located. In the case of an irrigation district organized under ORS chapter 545, if there is no such officer or if the officer is the district officer against whom the petition is being filed, the petition shall be filed with the members of the board of directors of the irrigation district who are not subject to the recall petition.

����� (2) The petition shall be signed by a number of persons who are qualified to vote in the district, that is equal to but not less than the lesser of:

����� (a) Fifteen percent of the persons who are qualified to vote in the district, or subdivision of the district from which the district officer was elected; or

����� (b) Fifteen percent of the total votes cast in the electoral district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term.

����� (3) The circulator of the signature sheet shall certify on each sheet that the circulator:

����� (a) Witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet; and

����� (b) Believes each individual stated the correct residence address of the individual and is an individual qualified to vote in the district.

����� (4) In those districts where a person qualified to vote must be an elector, the petition, before filing, shall be submitted to the county clerk who shall compare the signatures of the persons signing the petition with the signatures of electors on the register of electors and, on the face of each signature sheet, shall make a certificate of the number of signatures the county clerk believes to be genuine. In other districts, the officer who receives the petition for filing, before filing the petition, shall verify the signatures and make a certificate of the number of signatures the officer believes to be genuine.

����� (5) The district shall pay the expense of verifying the signatures and of calling and conducting the election. The election shall be conducted in the district, or in the subdivision of the district from which the district officer was elected, in accordance with the law governing election of district officers.

����� (6) A person who is qualified to vote in a district under this section is a person who is qualified, under the law applicable to the district, to vote in an election at which members of the governing body of the district are elected.

����� (7) A recall petition is void unless the petition is filed not later than the 100th day after the date of the first signature on the petition. Not later than the 90th day after the date of the first signature, the petition shall be submitted for signature verification to the county clerk or other officer described in subsection (4) of this section who shall make the certificate of the number of genuine signatures not later than the 10th day after the date of submission. The petition must contain only original signatures. A recall petition shall not be accepted for signature verification if the petition contains less than 100 percent of the required number of signatures. A recall petition shall not be accepted for filing until 100 percent of the required number of signatures have been verified. [1969 c.325 �3; 1981 c.173 �3; 1983 c.83 �5; 1987 c.707 �2; 1999 c.144 �1; 1999 c.318 �20; 2003 c.94 �2; 2007 c.848 �19; 2017 c.525 �2]

����� 198.440 Statement of justification from affected officer. (1) A district officer against whom a recall petition has been filed may submit to the officer with whom the recall petition is filed, in not more than 200 words, a statement of justification of the district officer�s course in office. The statement must be filed not later than the fifth day after the recall petition is filed.

����� (2) The county clerk shall have the statement printed on the official and sample ballots for the recall election. [1983 c.514 �1a]

ORDINANCES AND REGULATIONS

����� 198.510 Definitions for ORS 198.510 to 198.600. As used in ORS 198.510 to 198.600, unless the context requires otherwise:

����� (1) �County� means the county in which the district, or the greater portion of the assessed value of the district, is located.

����� (2) �County board� means the board of county commissioners or the county court of the county.

����� (3) �County clerk� means the county clerk of the county.

����� (4) �District� has the meaning given that term in ORS 198.010 (2), (4), (5), (11), (12), (14), (16), (17), (19), (20) to (23), (25) to (28). In addition, �district� means any one of the following:

����� (a) A county service district organized under ORS chapter 451.

����� (b) The Port of Portland established by ORS 778.010.

����� (5) �District board� means the governing body of a district and the term includes a county board that is in the governing body of a district.

����� (6) �Presiding officer� means the chairperson, president or other person performing the office of presiding officer of the district board.

����� (7) �Principal Act� means the law, other than ORS 198.510 to 198.600, applicable to a district. [1971 c.268 �2; 2007 c.179 �5; 2007 c.562 �22b; 2009 c.584 �22; 2015 c.544 �17; 2015 c.560 �12; 2019 c.621 �30]

����� 198.520 [1971 c.268 �1; 1975 c.782 �48b; 1977 c.756 �3; 1981 c.226 �20; repealed by 2007 c.179 �9]

����� 198.530 Procedure for adopting, amending or repealing ordinances or regulations. When a district board is authorized by the principal Act of a district to enact, amend or repeal regulations, it shall do so in accordance with ORS 198.510 to 198.600. In all counties which do not provide by ordinance or charter for the manner of enacting, amending or repealing ordinances and regulations, this section applies when a county board pursuant to statute is acting as the governing body of a district. [1971 c.268 �3]

����� 198.540 Notice prior to adoption of ordinance affecting regulation. (1) Except in an emergency, an ordinance adopting, amending or repealing a regulation shall not be considered or voted upon by a district board unless the ordinance is included in the published agenda of the meeting. The agenda of a meeting shall state the time, date and place of the meeting, give a brief description of the ordinances to be considered at the meeting and state that copies of the ordinances are available at the office of the district board.

����� (2) The presiding officer shall cause the agenda to be published not more than 10 days nor less than four days before the meeting, in one or more newspapers of general circulation within the district or, if there is no such newspaper, in a newspaper of general circulation in each county in which the district is located. The presiding officer may also cause the agenda:

����� (a) To be posted in three public places within the district at least 10 days before the meeting; or

����� (b) To be published by radio and television stations broadcasting in the district as provided by ORS 193.310 and 193.320. [1971 c.268 �4]

����� 198.550 Publication of ordinance; emergency ordinance procedure. (1) Except as provided by subsection (3) of this section, before an ordinance is adopted it shall be read during regular meetings of the district board on two different days at least six days apart. The reading of an ordinance shall be full and distinct unless at the meeting:

����� (a) A copy of the ordinance is available for each person who desires a copy; and

����� (b) The board directs that the reading be by title only.

����� (2) Except as provided by subsection (3) of this section, the affirmative vote of a majority of the members of the district board is required to adopt an ordinance.

����� (3) An ordinance to meet an emergency may be introduced, read once and put on its final passage at a regular or special board meeting, without being described in a published agenda, if the reasons requiring immediate action are described in the ordinance. The unanimous approval of all members of the board at the meeting, a quorum being present, is required to adopt an emergency ordinance. [1971 c.268 �5]

����� 198.560 Filing of ordinance; notice of adoption of emergency ordinance. (1) Within seven days after adoption of an ordinance, the enrolled ordinance shall be:

����� (a) Signed by the presiding officer;

����� (b) Attested by the person who served as recording secretary of the district board at the session at which the board adopted the ordinance; and

����� (c) Filed in the records of the district.

����� (2) A certified copy of each ordinance shall be filed with the county clerk, available for public inspection.

����� (3) Within 15 days after adoption of an emergency ordinance, notice of the adoption of the ordinance shall be published as provided by ORS 198.540 (2) for notice of proposed ordinances. The notice shall:

����� (a) Briefly describe the ordinance;

����� (b) State the date when the ordinance was adopted and the effective date of the ordinance; and

����� (c) State that a copy is on file at the district office and at the office of the county clerk of the county, available for public inspection. [1971 c.268 �6]

����� 198.570 When ordinances take effect. (1) Except as provided by subsection (2) of this section, an ordinance shall take effect on the 30th day after it is adopted, unless a later date is prescribed by the ordinance. If an ordinance is referred to the electors of the district, it shall not take effect until approved by a majority of those voting on the ordinance.

����� (2) An emergency ordinance may take effect upon adoption. [1971 c.268 �7; 1983 c.350 �3]

����� 198.580 [1971 c.268 �8; repealed by 1979 c.190 �431]

����� 198.590 Petition to adopt, amend or repeal ordinance. Any interested person who is a landowner within the district or an elector registered in the district may petition the district board to adopt, amend or repeal an ordinance. Any such person may appear at any regular meeting of the board and shall be given a reasonable opportunity to be heard. [1971 c.268 �9; 1983 c.83 �6]

����� 198.600 Penalty for violation of regulations; jurisdiction; enforcement. (1) If a penalty for a violation is not otherwise provided, violation of any regulation adopted by a district board under ORS 198.510 to 198.600 is a Class C misdemeanor.

����� (2) Actions to impose punishment shall be brought in the name of the district or county, as the case may be, in any court having jurisdiction of misdemeanors under state laws. The action shall be brought in the county in which the district, or the greater portion of the area of the district, is located.

����� (3) Any peace officer may enforce an ordinance adopted under ORS 198.510 to 198.600. ORS