198.820 Order
by county board; effect of formation.
(1) After the election if any is held, if it is determined by the county board
that the majority of the votes cast were in favor of formation of the district,
the board shall enter an order establishing and forming the district. If a
majority of the votes cast oppose the formation of the district, the board
shall enter an order dismissing the petition. The order shall be entered within
15 days after the results of the election are certified. The county board shall
also canvass the votes for members of the district board and, if formation of
the district is approved, cause the county clerk to issue certificates of
election to the number of persons, equal to the number of board members named
in the petition for formation, receiving the highest number of votes.
(2) After the
date of the formation order, the inhabitants of the territory within the
district shall be a municipal corporation to be known by the name specified in
the order, and as such shall have perpetual succession, and by such name shall
exercise and carry out the corporate powers and objects conferred by the
principal Act of the district.
(3) An order
creating a district, whether the district is formed with or without an
election, shall state the name and purpose of the district, describe its
boundaries, and declare the district formed. From the date of the formation
order the district shall be considered established. [1971 c.727 §28; 1999 c.759
§4; 2023 c.600 §29]
Notes of Decisions
State v. Peterson, 482 P.3d 68 (Or. Ct. App. 2021).
· cites it 4× “First, in part, ORS 198.820(1) provides that, after a district has been approved by a county vote, the county court or board of county commissioners “shall enter an order establishing and forming the district.”
State Ex Rel. Kirsch v. Curnutt, 853 P.2d 1312 (Or. 1993).
· cites it 2× “[6] ORS 198.820(2) provides: "After the date of the formation order [of a district], the inhabitants of the territory within the district shall be a municipal corporation to be known by the name specified * * *, and by such name shall exercise and carry out the corporate powers…”
— Or. Rev. Stat. § 198.820(1) — 2 cases
State v. Peterson, 482 P.3d 68 (Or. Ct. App. 2021).
“First, in part, ORS 198.820(1) provides that, after a district has been approved by a county vote, the county court or board of county commissioners “shall enter an order establishing and forming the district.”
— Or. Rev. Stat. § 198.820(2) — 1 case
State Ex Rel. Kirsch v. Curnutt, 853 P.2d 1312 (Or. 1993).
“[6] ORS 198.820(2) provides: "After the date of the formation order [of a district], the inhabitants of the territory within the district shall be a municipal corporation to be known by the name specified * * *, and by such name shall exercise and carry out the corporate powers…”
— Or. Rev. Stat. § 198.820(3) — 2 cases
State v. Peterson, 482 P.3d 68 (Or. Ct. App. 2021).
“First, in part, ORS 198.820(1) provides that, after a district has been approved by a county vote, the county court or board of county commissioners “shall enter an order establishing and forming the district.”
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