2017 ORS 190.080¹
Powers of intergovernmental entity created by intergovernmental agreement
  • limits
  • debts of entity
  • procedure for distribution of assets
  • rules

(1) An intergovernmental entity created by an intergovernmental agreement under ORS 190.010 (Authority of local governments to make intergovernmental agreement) may, according to the terms of the agreement:

(a) Issue revenue bonds under ORS chapter 287A or enter into financing agreements authorized under ORS 271.390 (Lease or purchase of real estate by public body or council of governments) to accomplish the public purposes of the parties to the agreement, if after a public hearing the governing body of each of the units of local government that are parties to the agreement approves, by resolution or order, the issuance of the revenue bonds or entering into the financing agreement;

(b) Enter into agreements with vendors, trustees or escrow agents for the installment purchase or lease, with option to purchase, of real or personal property if the period of time allowed for payment under an agreement does not exceed 20 years; and

(c) Adopt all rules necessary to carry out its powers and duties under the intergovernmental agreement.

(2) Except as provided in ORS 190.083 (County agreements for transportation facilities), an intergovernmental entity may not levy taxes or issue general obligation bonds.

(3) The debts, liabilities and obligations of an intergovernmental entity shall be, jointly and severally, the debts, liabilities and obligations of the parties to the intergovernmental agreement that created the entity, unless the agreement specifically provides otherwise.

(4) A party to an intergovernmental agreement creating an intergovernmental entity may assume responsibility for specific debts, liabilities or obligations of the intergovernmental entity.

(5) Any moneys collected by or credited to an intergovernmental entity shall not accrue to the benefit of private persons. Upon dissolution of the entity, title to all assets of the intergovernmental entity shall vest in the parties to the intergovernmental agreement. The agreement creating the entity shall provide a procedure for:

(a) The disposition, division and distribution of any assets acquired by the intergovernmental entity; and

(b) The assumption of any outstanding indebtedness or other liabilities of the entity by the parties to the intergovernmental agreement that created the entity.

(6) An intergovernmental entity created by intergovernmental agreement under ORS 190.010 (Authority of local governments to make intergovernmental agreement) may be terminated at any time by unanimous vote of all the parties to the intergovernmental agreement or as provided by the terms of the agreement. [1991 c.583 §4; 2001 c.840 §3; 2003 c.195 §7; 2007 c.783 §71]

Atty. Gen. Opinions

Authority of city to grant balance of its special port fund to newly formed port district, (1979) Vol 39, p 757

Chapter 190

Atty. Gen. Opinions

Authority of Motor Vehicles Division to enter into agree­ment to administer “license” tax by mass transit district, (1974) Vol 37, p 229; authority of Oregon Coastal Zone Manage­ment Associa­tion to file suit on behalf of member counties to challenge validity of state law, (1977) Vol 38, p 792

1 Legislative Counsel Committee, CHAPTER 190—Cooperation of Governmental Units; State Census; Arbitration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors190.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 190, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano190.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.