2017 ORS 199.510¹
Financial effects of transfer or withdrawal
  • exceptions

(1) After the date of a final order or proclamation of annexation or transfer of territory, the territory annexed or transferred shall become subject to the indebtedness, bonded or otherwise, of the affected city or district acquiring the territory in like manner as the territory within the city or district.

(2)(a) Subject to ORS 222.465 (Effective date of withdrawal from domestic water supply district, water control district or sanitary district), if the affected territory is to be annexed to a city, and lies within the boundaries of a district, the affected territory is withdrawn from the district on the date of the final order unless the city is part of the district. The city shall have the right to exercise the choice permitted by ORS 222.520 (Annexation of less than entire district) (2).

(b) Paragraph (a) of this subsection does not apply when the territory to be annexed lies within a water district organized under ORS chapter 264, a sanitary district organized under ORS 450.005 (Definitions for ORS 450.005 to 450.245) to 450.245 (Application of ORS 450.005 to 450.245 to districts organized under former laws) or a park and recreation district organized under ORS chapter 266. Withdrawal of territory from such a water, sanitary district or park and recreation district shall be governed solely by ORS 222.465 (Effective date of withdrawal from domestic water supply district, water control district or sanitary district) and 222.520 (Annexation of less than entire district) to 222.575 (Agreements for joint operation by city and district).

(c) When a city receives services from a district and is part of that district, any territory thereafter annexed to the city shall be included in the boundaries of the district and shall be subject to all liabilities of the district in the same manner and to the same extent as other territory included in the district.

(3) After the date of a final order or proclamation withdrawing or transferring territory from an affected city or district, the territory withdrawn or transferred shall be free from assessments and taxes levied thereafter by the affected city or district losing the territory. However, the withdrawn or transferred territory shall remain subject to any bonded or other indebtedness existing at the time of the order, except as provided by ORS 198.882 (Tax relief to withdrawn area). If the territory is being withdrawn from a district into a city, the city shall have the right to exercise the choice permitted by ORS 222.520 (Annexation of less than entire district) (2). The proportionate share shall be based on the assessed valuation, according to the assessment roll in the year of the levy, of all the property located within the city or district immediately prior to the withdrawal. [1969 c.494 §18; 1971 c.462 §17; 1973 c.808 §2; 1975 c.361 §7; 1977 c.663 §2; 1981 c.265 §12; 1985 c.702 §19; 1989 c.483 §1]

Atty. Gen. Opinions

Withdrawal of territory from a district, (1975) Vol 37, p 737

Notes of Decisions

The statutory scheme of authority and pro­ce­dures for com­mis­sions created by this Act, plus adherence to the prescribed pro­ce­dure as set out in the Act, release the com­mis­sions from the limita­tions placed upon local govern­mental bodies in zone-change matters in Fasano v. Washington County Comm., 264 Or 574, 507 P2d 23 (1973). Marion County Fire Dist. 1 v. Marion-Polk County Local Govt. Boundary Comm., 19 Or App 108, 526 P2d 1031 (1974), Sup Ct review denied

In Proceeding Involving Proposed Merger of Three Water Districts

1) no elec­tion was re­quired before com­mis­sion order approving merger could take effect; 2) com­mis­sion made the findings re­quired by statute; 3) com­mis­sion’s findings were supported by substantial evidence, adequate for review and sufficient to support its order; and 4) these sec­tions did not constitute invalid delega­tion of legislative power. Redland Water District v. Portland Metro. Area LGBC, 63 Or App 641, 665 P2d 1241 (1983), Sup Ct review denied

Atty. Gen. Opinions

Dissolu­tion of insolvent metropolitan service district, (1972) Vol 35, p 1117

1 Legislative Counsel Committee, CHAPTER 199—County Consolidation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors199.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 199, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano199.­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.