ORS Chapter 265
Chapter 265 — CemeteryMaintenance Districts
2009 EDITION
CEMETERYMAINTENANCE DISTRICTS
PUBLICORGANIZATIONS FOR COMMUNITY SERVICE
265.005 “District”defined
265.010 Formation;filing boundary change with county assessor and Department of Revenue
265.020 Areain which district may not be formed
265.050 Boardof directors; terms
265.075 Changingnumber of members of board of directors
265.100 Organizationof board; terms of first directors
265.120 Specialelections
265.130 Meetingsof board; officers
265.135 Applicationof ORS chapter 255 to district
265.140 Powersof district
265.150 Dispositionof district funds
265.160 Intereston unpaid warrants
265.005“District” defined.As used in this chapter, “district” means a cemetery maintenance districtorganized under this chapter. [2003 c.802 §89]
265.010Formation; filing boundary change with county assessor and Department ofRevenue.(1) A cemetery maintenance district may be formed in the manner provided bythis chapter.
(2)For purposes of ad valorem taxation, a boundary change must be filed in finalapproved form with the county assessor and the Department of Revenue asprovided 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; 2003 c.802 §90]
265.020Area in which district may not be formed. A cemetery maintenance districtmay be formed in an area aggregating not less than 4,000 acres in one body, orin 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265.030 [Repealed by1971 c.727 §203]
265.040 [Amended by1967 c.609 §2; repealed by 1971 c.727 §191]
265.050Board of directors; terms. (1) The power and authority given a cemeterymaintenance district shall be exercised by and through a board of directors,each member of which shall be an elector of the district.
(2)The electors of a district may elect a board of three directors or fivedirectors.
(3)Except as provided by ORS 265.100, each director shall be elected to serve fora term of four years.
(4)The board of directors shall fill any vacancy on the board as provided in ORS198.320. [Amended by 1971 c.727 §88; 1973 c.796 §21; 1975 c.647 §25; 1983 c.83 §40;1983 c.350 §106; 2003 c.284 §1]
265.060 [Repealed by1971 c.727 §203]
265.070 [Amended by1961 c.324 §1; repealed by 1971 c.647 §149]
265.075Changing number of members of board of directors. (1) At a meetingof the board of directors of a cemetery maintenance district, the board maychange the number of directors to be elected to the board by a motion approvedby an affirmative vote of a majority of the board.
(2)If the board votes to change the number of directors to be elected to theboard, the board shall notify the county clerk of the county in which thepetition to form the district was filed and the Secretary of State within 30days of taking action.
(3)If the board votes to increase the number of directors from three to five, twonew directors shall be elected at the next regular district election. The boardshall specify the term of office of the new directors to maintain the electionschedule for a five-member board as specified in ORS 265.100.
(4)If the board votes to decrease the number of directors from five to three, theboard shall determine which director positions will be eliminated. A personserving as a director in a position to be eliminated may complete the person’sterm. The director positions that are eliminated may not be placed on theballot at a subsequent district election. [2003 c.284 §4]
265.080 [Repealed by1971 c.727 §203]
265.090 [Repealed by1971 c.727 §203]
265.100Organization of board; terms of first directors. (1) Within 10days after issuance of their certificates of election, the directors elected asthe first board of a district shall meet and organize by first taking andsubscribing an oath of office to the effect that they will discharge faithfullythe duties of their office to the best of their ability. They first shalldetermine by lot the length of term each shall hold.
(2)If the district has first elected a board of three directors, the term of onedirector shall expire on June 30 next following the first regular districtelection and the terms of two directors shall expire on June 30 next followingthe second regular district election.
(3)If the district has first elected a board of five directors, the term of twodirectors shall expire on June 30 next following the first regular districtelection and the terms of three directors shall expire on June 30 nextfollowing the second regular district election. [Amended by 1971 c.727 §90;1973 c.796 §22; 1975 c.647 §26; 1983 c.350 §107; 2003 c.284 §2]
265.110 [Amended by1967 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]
265.120Special elections.The directors at any regular meeting may call a special election of theelectors of the district. [Amended by 1971 c.647 §51]
265.130Meetings of board; officers. (1) The directors shall hold meetingsat such time and place within the district as they may determine upon. Theyshall hold at least one regular meeting in each month on a day to be fixed bythem 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 theirnumber a chairperson, a secretary and a treasurer. The secretary and treasurermay be the same person. All officers shall hold their offices until the first regularmeeting in January following election and until their successors are electedand qualified. These officers shall have, respectively, powers to perform theduties usual in such cases.
(3)A majority shall constitute a quorum to do business. [Amended by 1969 c.345 §5]
265.135Application of ORS chapter 255 to district. (1) ORS chapter 255 governs thefollowing:
(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 regardinga district measure, in accordance with ORS 255.135 to 255.205. [1983 c.350 §110]
265.140Powers of district.The board of directors shall transact all business pertinent to the affairs ofa cemetery maintenance district. The district has the power:
(1)To sue and be sued.
(2)To purchase, take by gift or devise, own, hold, manage and operate land forcemetery 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 purposesany land it may own or control.
(5)To make such contracts and to purchase and own such personal property as may benecessary 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 exceedone-half of the moneys derived from the sale or lease of cemetery lots andtracts as an irreducible maintenance fund. Any money gift or bequest, if sodesignated in the instrument creating the same, shall be placed and held in theirreducible maintenance fund, and the interest of such fund shall be used inthe perpetual upkeep and beautification of the cemetery and lots therein. Suchfund shall be invested only in such securities as state funds may be investedin 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 inaccordance with ORS 308.207, for the purpose of defraying the expenses ofoperation of the district and purchase of necessary property therefor. [Amendedby 1953 c.53 §2; 1963 c.9 §10; 1971 c.647 §52; 1987 c.531 §1; 2003 c.802 §91]
265.150Disposition of district funds. (1) All funds collected on behalf ofthe district through the levy of taxes, and all donations, contributions,bequests or equities, or from any other source, shall be deposited with thecounty treasurer to the credit of the district fund and, except as otherwiseprovided in subsection (2) of this section, shall be drawn out only upon properorder and warrant or check. The warrant or check shall bear the signature ofthe treasurer and countersignature of the chairperson.
(2)At the request of the district, all funds on deposit with the county treasurerto the credit of the district shall be paid over by the county treasurer to thedistrict. [Amended by 1961 c.516 §1]
265.160Interest on unpaid warrants. All warrants for payment of anyindebtedness of the cemetery maintenance district which are unpaid for want offunds shall bear interest at a rate to be fixed by the board of directors, butin no event to exceed six percent per annum from the date of indorsement “notpaid for want of funds.” The aggregate amount of warrants issued shall notexceed the revenue to be received for the year in which the indebtedness isincurred.
265.170 [Repealed by1971 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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