2017 ORS 198.890¹
Consolidation of districts
  • effect

(1) Two or more districts may consolidate and form a new district if the consolidation is approved by the electors as provided by ORS 198.895 (Initiation of merger and consolidation) to 198.915 (Election of board members at regular district election) or if it is approved by a local government boundary commission as provided by ORS 199.480 (Filing of major boundary change order) (1)(c). The districts included in the consolidation shall be considered joined into a single new district.

(2) If the consolidation is approved, the district boards and officers of the consolidating districts shall turn over to the board of the successor district all funds, property, contracts and records of the consolidating districts. Upon the effective date of the consolidation:

(a) The successor district shall succeed to all the property, contracts, rights and powers of the consolidating districts, and shall constitute and be a regularly organized district as if originally organized in the manner provided by the principal Act and ORS 198.705 (Definitions for ORS 198.705 to 198.955) to 198.955 (Disposition of assets);

(b) Uncollected taxes, assessments or charges levied by the consolidating districts shall become the property of the successor district and upon collection shall be credited to the account of the successor district; and

(c) Subject to any debt distribution plan adopted under ORS 198.900 (Content of petition for annexation, merger or consolidation), the successor district shall become liable for all the obligations, legal or contractual, of the consolidating districts.

(3) Districts providing potable water for domestic consumption, sanitary sewer or surface water quality and quantity purposes under separate principal Acts may consolidate as provided in this section. Upon the effective date of the consolidation, the district designated as the successor district shall have all powers held by the consolidating districts under the principal Acts of all of the districts.

(4) A county service district may consolidate with another district providing different or similar services as provided in subsection (3) of this section. The consolidating entities shall enter into an agreement that shall be binding on the successor district concerning elected representation on the board of the successor district. The agreement shall provide that no fewer than two members of the board of the successor district shall be appointed by the board of county commissioners, acting as the governing body of the county service district, to serve until replaced by individuals elected to the office at the next regular district election.

(5) Subsections (3) and (4) of this section do not apply to water authorities or sanitary authorities seeking to provide a different water-related service if the entities that seek to consolidate with the existing water authorities or sanitary authorities are within the urban growth boundary of a city and the city provides water supply, wastewater treatment or surface water management and treatment. When such entities are within the urban growth boundary of a city, the consolidating entities must:

(a) Obtain consent for the consolidation from the city prior to calling an election; or

(b) Comply with the formation procedures set forth in ORS 450.600 (Joint authorities). [1971 c.727 §43; 1983 c.336 §23; 1997 c.590 §2; 2011 c.9 §19]

Atty. Gen. Opinions

Effect of “consolida­tion” and “merger” of special districts on their tax bases, (1973) Vol 36, p 314

Atty. Gen. Opinions

Disposi­tion of district prop­erty upon dissolu­tion, (1972) Vol 35, p 1059; dissolu­tion of insolvent district, (1972) Vol 35, p 1117

Chapter 198

Atty. Gen. Opinions

When rural fire protec­tion district may levy taxes on prop­erty within a forest protec­tion district, (1972) Vol 36, p 71

1 Legislative Counsel Committee, CHAPTER 198—Special Districts Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors198.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 198, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano198.­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.