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2001 EDITION
265.010 Formation; filing boundary change with
county assessor and Department of Revenue. (1)
Territory may be formed into a cemetery
maintenance district in accordance with ORS
265.010 to 265.050.
(2) 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. [Amended by
1953 c.69 §2; 1957 c.117 §1; 1963 c.519 §34;
1971 c.727 §85; 2001 c.138 §9]
265.020 Area in which district may not be
formed. A cemetery maintenance district may be
formed in an area aggregating not less than 4,000
acres in one body, or in an area of less extent if
it has an assessed valuation of not less than
$200,000, as shown by the last county assessment
roll. [Amended by 1971 c.727 §86]
265.030 [Repealed by 1971 c.727 §203]
265.040 [Amended by 1967 c.609 §2;
repealed by 1971 c.727 §191]
265.050 Board of directors; terms. (1) The
power and authority given a cemetery maintenance
district except as otherwise provided shall be
exercised by a board of three directors, each of
whom shall be an elector of the district. Except
as provided by ORS 265.100, each director shall be
elected to serve for a term of four years.
(2) The board of directors shall fill any
vacancy on the board as provided in ORS 198.320.
[Amended by 1971 c.727 §88; 1973 c.796 §21;
1975 c.647 §25; 1983 c.83 §40; 1983 c.350 §106]
265.060 [Repealed by 1971 c.727 §203]
265.070 [Amended by 1961 c.324 §1;
repealed by 1971 c.647 §149]
265.080 [Repealed by 1971 c.727 §203]
265.090 [Repealed by 1971 c.727 §203]
265.100 Organization of board; terms of first
directors. Within 10 days after issuance of
their certificates of election, the three
directors elected as the first board of a district
shall meet and organize by first taking and
subscribing an oath of office to the effect that
they will discharge faithfully the duties of their
office to the best of their ability. They first
shall determine by lot the length of term each
shall hold. The term of one director shall expire
on June 30 next following the first regular
district election. The terms of two directors
shall expire on June 30 next following the second
regular district election. [Amended by 1971 c.727
§90; 1973 c.796 §22; 1975 c.647 §26; 1983 c.350
§107]
265.110 [Amended by 1967 c.609 §3; 1969
c.669 §5; 1971 c.647 §50; 1973 c.796 §23; 1975
c.647 §27; repealed by 1983 c.350 §331a]
265.120 Special elections. The directors at
any regular meeting may call a special election of
the electors of the district. [Amended by 1971
c.647 §51]
265.130 Meetings of board; officers. (1)
The directors shall hold meetings at such time and
place within the district as they may determine
upon. They shall hold at least one regular meeting
in each month on a day to be fixed by them and may
hold such special meetings under such rules as
they may make.
(2) The directors shall, at the time of their
organization, choose from their number a
chairperson, a secretary and a treasurer. The
secretary and treasurer may be the same person.
All officers shall hold their offices until the
first regular meeting in January following
election and until their successors are elected
and qualified. These officers shall have,
respectively, powers to perform the duties usual
in such cases.
(3) A majority shall constitute a quorum to do
business. [Amended by 1969 c.345 §5]
265.135 Application of ORS chapter 255 to
district. (1) ORS chapter 255 governs the
following:
(a) The nomination and election of directors.
(b) The conduct of district elections.
(2) The electors 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 §110]
265.140 Powers of district. The board of
directors shall transact all business pertinent to
the affairs of the district. The district shall
constitute a body politic with power:
(1) To sue and be sued.
(2) To purchase, take by gift or devise, own,
hold, manage and operate land for cemetery
purposes.
(3) To acquire in any manner permitted by law
existing cemeteries and to manage, operate,
enlarge, maintain and beautify them.
(4) To plat and lay out in suitable cemetery
lots and blocks for burial purposes any land it
may own or control.
(5) To make such contracts and to purchase and
own such personal property as may be necessary or
convenient for carrying out the purposes of this
chapter.
(6) To sell or perpetually lease cemetery lots
or tracts for burial purposes.
(7) To set aside, at the discretion of the
board of directors, not to exceed one-half of the
moneys derived from the sale or lease of cemetery
lots and tracts as an irreducible maintenance
fund. Any money gift or bequest, if so designated
in the instrument creating the same, shall be
placed and held in the irreducible maintenance
fund, and the interest of such fund shall be used
in the perpetual upkeep and beautification of the
cemetery and lots therein. Such fund shall be
invested only in such securities as state funds
may be invested in by the State Treasurer under
the laws of this state.
(8) To do any and all things necessary or
convenient for proper ownership, operation,
maintenance and management of the district
property.
(9) To levy a tax on all taxable property
within the district, computed in accordance with
ORS 308.207, for the purpose of defraying the
expenses of operation of the district and purchase
of necessary property therefor. [Amended by 1953
c.53 §2; 1963 c.9 §10; 1971 c.647 §52; 1987
c.531 §1]
265.150 Disposition of district funds. (1)
All funds collected on behalf of the district
through the levy of taxes, and all donations,
contributions, bequests or equities, or from any
other source, shall be deposited with the county
treasurer to the credit of the district fund and,
except as otherwise provided in subsection (2) of
this section, shall be drawn out only upon proper
order and warrant or check. The warrant or check
shall bear the signature of the treasurer and
countersignature of the chairperson.
(2) At the request of the district, all funds
on deposit with the county treasurer to the credit
of the district shall be paid over by the county
treasurer to the district. [Amended by 1961 c.516
§1]
265.160 Interest on unpaid warrants. All
warrants for payment of any indebtedness of the
cemetery maintenance district which are unpaid for
want of funds shall bear interest at a rate to be
fixed by the board of directors, but in no event
to exceed six percent per annum from the date of
indorsement "not paid for want of
funds." The aggregate amount of warrants
issued shall not exceed the revenue to be received
for the year in which the indebtedness is
incurred.
265.170 [Repealed by 1971 c.727 §203]
265.210 [1963 c.389 §1; repealed by 1971
c.727 §203]
265.220 [1963 c.389 §2; repealed by 1971
c.727 §203]
265.230 [1963 c.389 §3; repealed by 1971
c.727 §203]
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