Oregon Statutes 198.705 – Definitions for ORS 198.705 to 198.955
As used in ORS § 198.705 to 198.955, unless the context requires otherwise:
Terms Used In Oregon Statutes 198.705
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- County court: includes board of county commissioners. See Oregon Statutes 174.100
- district: means any one of the following:
(1) A people's utility district organized under ORS Chapter 261. See Oregon Statutes 198.010
- Executor: A male person named in a will to carry out the decedent
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(1) ‘Affected county’ means each county which contains or would contain any territory for which a formation or a change of organization is proposed or ordered or which contains all or any part of a district for which a change of organization is proposed or ordered.
(2) ‘Affected district’ means each district which contains or would contain territory for which a formation or a change of organization is proposed or ordered.
(3) ‘Annexation’ includes the attachment or addition of territory to, or inclusion of territory in, an existing district.
(4) ‘Change of organization’ means the annexation or withdrawal of territory to or from a district, the merger or consolidation of districts or the dissolution of a district.
(5) ‘Consolidation’ means the uniting or joining of two or more districts into a single new successor district.
(6) ‘County board’ means the county court or board of county commissioners of the principal county.
(7) ‘Dissolution’ includes disincorporation, extinguishment or termination of the existence of a district and the cessation of all its corporate powers, except for the purpose of winding up the affairs of the district.
(8) ‘District’ has the meaning given that term in ORS § 198.010 (2) to (4), (6) to (14), (17) to (23) and (25). In addition, ‘district’ means any one of the following:
(a) A county road district organized under ORS § 371.055 to 371.110.
(b) A county service district organized under ORS Chapter 451.
(c) The Port of Portland created by ORS § 778.010.
(d) A translator district organized under ORS § 354.605 to 354.715.
(9) ‘District board’ means the governing board of a district.
(10) ‘Formation’ includes incorporation, organization or creation of a district.
(11) ‘Inhabited territory’ means territory within which there reside 12 or more persons who have been registered to vote within the territory for at least 30 days prior to the date a proceeding is commenced under ORS § 198.705 to 198.955.
(12) ‘Landowner’ or ‘owner of land’ means any person shown as the owner of land on the last assessment roll. However, if the person no longer holds the title to the property, then the terms mean any person entitled to be shown as owner of land on the next assessment roll, or, when land is subject to a written agreement of sale, the terms mean any person shown in the agreement as purchaser to the exclusion of the seller. ‘Landowner’ or ‘owner of land’ includes any public agency owning land.
(13) ‘Legal representative’ means:
(a) An officer of a corporation duly authorized, by the bylaws or a resolution of the board of directors of the corporation, to sign for and on behalf of the corporation; and
(b) A guardian, executor, administrator or other person holding property in a trust capacity under appointment of court, when authorized by an order of court, which order may be made without notice.
(14) ‘Merger’ means the extinguishment, termination and cessation of the existence of one or more districts by uniting with and being absorbed into another district.
(15) ‘Notice’ includes an ordinance, resolution, order or other similar matter providing notice which ORS § 198.705 to 198.955 authorize or require to be published, posted or mailed.
(16) ‘Principal Act’ means the statutes which describe the powers of a district, including the statutes under which a district is proposed or is operating.
(17) ‘Principal county’ or ‘county’ means the county in which the district, or the greater portion of the assessed value of all taxable property in the district, as shown by the most recent assessment roll of the counties, is located at the time proceedings are initiated to form a district, but for any district formed prior to and existing on September 9, 1971, ‘principal county’ or ‘county’ means the county in which the district, or the greater portion of the value of all taxable property in the district, as shown by the most recent assessment roll of the counties, was located on September 9, 1971.
(18) ‘Proceeding’ means a proceeding for formation or for change of organization conducted pursuant to ORS § 198.705 to 198.955.
(19) ‘Uninhabited territory’ means territory within which there reside less than 12 electors who were residents within the territory 30 days prior to the date a proceeding is commenced under ORS § 198.705 to 198.955.
(20) ‘Withdrawal’ includes the detachment, disconnection or exclusion of territory from an existing district. [1971 c.727 § 1; 1981 c.804 § 72; 1983 c.83 § 7; 2003 c.14 § 98; 2007 c.179 § 6; 2007 c.562 § 22c]
[1971 c.727 § 2; 1975 c.782 § 48c; 1977 c.756 § 4; 1979 c.108 § 5; 1979 c.877 § 1; 1981 c.226 § 21; repealed by 2007 c.179 § 9]