LIBRARY DISTRICTS

      357.216 Definitions for ORS 357.216 to 357.286. As used in ORS 357.216 to 357.286, unless the context requires otherwise:

      (1) “County governing body” means the county court or board of county commissioners of the county.

      (2) “County” means the county in which the administrative office of the district is located.

      (3) “District” means a library district formed under ORS 198.010, 198.180, 198.510, 198.705, 255.012, 357.216 to 357.286 and 357.400.

      (4) “District board” or “board” means the governing body of a district. [1981 c.226 §1; 2007 c.179 §7]

      357.220 [Amended by 1975 c.476 §10; renumbered 357.035]

      357.221 District formation; petition requirements. (1) A library district may be created as provided in ORS 198.705 to 198.955 and 357.216 to 357.286.

      (2) In addition to other required matters, a petition for formation of a district shall state the method of election of the board of the proposed district from among the methods described in ORS 357.241. [1981 c.226 §2]

      357.223 Multicounty district formation; procedure. (1) In addition to other methods for formation of a district authorized under ORS chapter 198 and ORS 357.216 to 357.286, the governing body in each of two or more counties may initiate the formation of a multicounty district, to be located entirely within those counties, by an order setting forth:

      (a) The intention of the county governing body to initiate the formation of a district and citing the principal Act.

      (b) The name and boundaries of the proposed district.

      (c) The date, time and place of a public hearing on the proposal.

      (2) The orders issued under subsection (1) of this section must be substantially similar, set forth the same name and boundaries for the proposed district and be issued within a 90-day period.

      (3) Each county governing body issuing an order under this section shall hold a public hearing on the proposal.

      (4) After the public hearings held by each county governing body, further hearings and the election on the proposal, and election of board members, shall be conducted as provided by ORS 198.800 to 198.825 except that:

      (a) Hearings shall be conducted by the governing body of the principal county involved in the proposed formation; and

      (b) Notwithstanding ORS 198.810 (3), the governing body of the principal county shall provide by order for the holding of an election to submit to the electors registered within the proposed district the question of forming the district.

      (5) As used in this section, “principal county” has the meaning given that term in ORS 198.705. [1987 c.578 §2; 2005 c.747 §6]

      357.226 District board members; appointment of librarian. (1) The officers of the district shall be a board of five members, to be elected by the electors of the district. The district board shall appoint a district librarian, who shall be the secretary for the district.

      (2) Any elector residing within the district shall be qualified to serve as a district board member. [1981 c.226 §3]

      357.230 [Amended by 1975 c.476 §8; renumbered 357.015]

      357.231 Number of board members; terms. (1) Five district board members shall be elected at the election for district formation. Nominating petitions or declarations of candidacy described in ORS 249.031 shall be filed with the county governing body. The fee for a declaration of candidacy shall be as prescribed in ORS 255.235.

      (2) If the effective date of the formation of the district occurs in an odd-numbered year, two district board members shall be elected for four-year terms and the other three district board members shall be elected for two-year terms. If the effective date of the formation occurs in an even-numbered year, two district board members shall be elected for three-year terms and the other three district board members shall be elected for one-year terms.

      (3) Each district board member shall hold office until election and qualification of a successor. [1981 c.226 §4; 1999 c.318 §51]

      357.233 Election laws applicable. (1) ORS chapter 255 governs the following:

      (a) The nomination and election of district board members.

      (b) The conduct of district elections.

      (2) The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 to 255.205. [1983 c.350 §220]

      357.236 Election of board members; vacancy. (1) If two or three board members are to be elected at a regular district election at large, the candidates receiving the highest number of votes shall be elected. If one or more board members are to be elected by zone, the candidate receiving the highest number of votes in each zone shall be elected.

      (2) Each district board member elected shall take an oath of office and shall hold office from July 1, next following election.

      (3) The district board shall fill any vacancy on the board as provided in ORS 198.320.

      (4) The term of a district board member is four years. [1981 c.226 §5; 1983 c.350 §218; 1983 c.514 §20]

      357.240 [Amended by 1965 c.378 §7; repealed by 1975 c.476 §34]

      357.241 Method of electing board members. (1) The district board members may be elected in one of the following methods or a combination thereof:

      (a) Elected by the electors of zones as nearly equal in population as possible according to the latest federal census.

      (b) Elected at large by position number by the electors of the district.

      (2) Candidates for election from zones shall be nominated by electors of the zones. [1981 c.226 §6]

      357.246 Change in method of electing board members. (1) This section establishes the procedure for determining whether the method adopted in a district for nominating and electing board members should be changed to another method described in ORS 357.241. The question shall be decided by election. The district board:

      (a) May order the election on its own resolution; or

      (b) Shall order the election when a petition is filed as provided in this section.

      (2) Except as otherwise provided in this section, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition in ORS 255.135 to 255.205.

      (3) If the question proposes creation of zones or a change in the number of existing zones, the following requirements shall apply:

      (a) The petition shall contain a map indicating the proposed zone boundaries. The map shall be attached to the cover sheet of the petition and shall not exceed 14 inches by 17 inches in size.

      (b) Notwithstanding ORS 250.035, the statement summarizing the measure and its major effect in the ballot title shall not exceed 150 words. The statement:

      (A) Shall specify the method of election of board members from among the methods described in ORS 357.241. The statement also shall specify whether, in filling each position on the board, an elector of the district may sign a petition of nomination or vote for a candidate from any zone or only for a candidate from the zone in which the elector resides.

      (B) Shall include a general description of the proposed boundaries of the zones, using streets and other generally recognized features.

      (c) The order calling the election shall contain a map of the proposed zone boundaries and a metes and bounds or legal description of the proposed zone boundaries. The map and description shall be prepared by the county surveyor or county assessor and shall reflect any adjustment made in the boundaries under subsection (6) of this section.

      (4) The map to be contained in the petition under subsection (3) of this section shall be prepared by the county surveyor or county assessor. The chief petitioners shall pay the county for the cost of preparing the map, as determined by the county surveyor or county assessor. The county clerk shall not accept the prospective petition for filing until the chief petitioners have paid the amount due.

      (5) Subsection (3) of this section does not apply if the question proposes abolition of all zones.

      (6) Before submitting to election a question to which subsection (3) of this section applies, the district board shall adjust the proposed boundaries of the zones to make them as nearly equal in population as feasible according to the latest federal census. The district board shall amend the ballot title as necessary to reflect its adjustment of the boundaries.

      (7) If the electors of the district approve the establishment of zones or a change in the number of existing zones, board members shall continue to serve until their terms of office expire. As vacancies occur, positions to be filled by nomination or election by zone shall be filled by electors who reside within zones which are not represented on the board. If more than one zone is not represented on the board when a vacancy occurs, the zone entitled to elect a board member shall be decided by lot. [1981 c.226 §7; 1983 c.350 §221; 1995 c.79 §196; 1995 c.534 §16]

      357.250 [Repealed by 1975 c.476 §34 and 1975 c.614 §9a]

      357.251 Zone boundaries. The board shall adjust the boundaries of zones established within a district as necessary to make them as nearly equal in population as is feasible according to the latest federal census. The district board also shall adjust boundaries of zones as necessary to reflect boundary changes of the district. [1981 c.226 §8; 1983 c.350 §222]

      357.253 Boundary change to be filed with county assessor and Department of Revenue. For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 §18]

      357.256 Board as district governing body; selection of president. (1) The district board shall be the governing body of the district and shall exercise all powers thereof.

      (2) At its first meeting or as soon thereafter as may be practicable, the board shall choose one of its members as president. [1981 c.226 §9]

      357.260 [Repealed by 1975 c.476 §34]

      357.261 District powers. A library district has the power:

      (1) To have and use a common seal.

      (2) To sue and be sued in its name.

      (3) To make and accept any and all contracts, deeds, leases, releases and documents of any kind which, in the judgment of the board, are necessary or proper to the exercise of any power of the district, and to direct the payment of all lawful claims or demands.

      (4) To assess, levy and collect taxes to pay the cost of acquiring sites for and constructing, reconstructing, altering, operating and maintaining a library or any lawful claims against the district, and the operating expenses of the district.

      (5) To employ all necessary agents and assistants.

      (6) To call elections after the formation of the district.

      (7) To enlarge the boundaries of the district as provided by ORS 198.705 to 198.955.

      (8) Generally to do and perform any and all acts necessary and proper to the complete exercise and effect of any of its powers or the purposes for which it was formed.

      (9) Whenever authorized by the electors, to issue general obligation bonds of the district. However, the aggregate amount of general obligation bonds issued and outstanding at any one time shall not exceed two and one-half percent of the real market value of all taxable property of the district, computed in accordance with ORS 308.207.

      (10) To exercise those powers granted to local government units for public libraries under ORS 357.410. [1981 c.226 §10; 1983 c.350 §223; 1991 c.459 §386; 2001 c.104 §122; 2003 c.802 §100]

      357.266 Financing district activities; limitation on assessment. Each year the district board shall determine and fix the amount of money to be levied and raised by taxation, for the purposes of the district. The total amount in dollars and cents shall not exceed one-fourth of one percent (0.0025) of the real market value of all taxable property within the district computed in accordance with ORS 308.207. [1981 c.226 §11; 1991 c.459 §387]

      357.270 [Amended by 1975 c.476 §14; renumbered 357.195]

      357.271 Sinking funds for acquisition of facilities; limitation on use of funds. The board, by resolution duly adopted, may establish sinking funds for the purpose of defraying the costs of acquiring land for library sites, and for acquiring or constructing buildings or facilities. A sinking fund may be created through the inclusion annually within the tax budget of the district of items representing the yearly installments to be credited to the fund. The amount of these items shall be collected and credited to the proper fund in the same manner in which taxes levied or revenues derived for other purposes for the district are collected and credited. The balances to the credit of the funds need not be taken into consideration or deducted from budget estimates by the levying authority in preparing the annual budget of the district. None of the moneys in sinking funds shall be diverted or transferred to other funds, but if unexpended balances remain after disbursement of the funds for the purpose for which they were created, such balances, upon approval by resolution of the board, shall be transferred to the operation and maintenance fund of the district. [1981 c.226 §12]

      357.276 Deposit and disbursement of district funds. (1) The money of the district shall be deposited, in the discretion of the district board, either with the county treasurer of the county, in accordance with subsections (2) to (4) of this section, or in one or more banks or savings and loan associations to be designated by the board. Funds deposited in a bank or savings and loan association shall be withdrawn or paid out only upon proper order and warrant or check signed by the secretary and countersigned by the president of the district board. The board may by resolution designate a secretary pro tempore or a president pro tempore who may sign warrants or checks on behalf of the secretary and president, respectively.

      (2) If district funds are deposited with the county treasurer, when the tax collector pays over to the county treasurer moneys collected for a district, the county treasurer shall keep the moneys in the county treasury as follows:

      (a) The county treasurer shall place and keep in a fund called the operation and maintenance fund of the district (naming it) the moneys levied by the district board for that fund.

      (b) The county treasurer shall place and keep in a fund called the construction fund of the district (naming it) the moneys levied by the board for construction, reconstruction and alteration.

      (3) The county treasurer shall pay out moneys from the funds only upon the written order of the board, signed by the president and countersigned by the secretary. The order shall specify the name of the person to whom the money is to be paid and the fund from which it is to be paid, and shall state generally the purpose for which the payment is made. The order shall be entered in the minutes of the board.

      (4) The county treasurer shall keep the order as a voucher, and shall keep a specific account of the county treasurer’s receipts and disbursements of money for the district. [1981 c.226 §13]

      357.280 [Repealed by 1953 c.300 §5]

      357.281 Legal assistance. The district board may call upon the district attorney for the advice as to any district business. The district attorney shall give advice when called on therefor by the board. The board may at any time employ special counsel for any purpose. [1981 c.226 §14]

      357.286 Retirement system for employees. A district may establish an employees’ retirement system as provided for rural fire protection districts under ORS 478.355 to 478.370. [1981 c.226 §15]

      357.290 [1965 c.378 §§1,2,3; repealed by 1975 c.476 §34]