ORS 190.420¹
Authority of public agency to make agreements with public agencies in other states
  • contents of agreement
  • liability of public agency

(1) Any power or powers, privileges or authority exercised or capable of exercise by a public agency in this state may be exercised and enjoyed jointly with any public agency in another state to the extent that the laws of the other state permit such joint exercise or enjoyment.

(2) Public agencies in this state and in another state may enter into agreements with one another for joint or cooperative action. Such action must be recorded by ordinance, resolution or in other lawful manner by the governing bodies of the participating public agencies.

(3) An agreement under subsection (2) of this section must specify its duration, the organization, composition and nature of any separate legal or administrative entity created to exercise the functions agreed upon, the purpose of the agreement, the method of financing the joint or cooperative undertaking, the methods to be employed to terminate the agreement, and any other necessary and proper matters.

(4) An agreement under subsection (2) of this section may not relieve any public agency of any obligation or responsibility imposed on it by law.

(5) An agreement under subsection (2) of this section may require that a public agency in another state indemnify a public agency in this state against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of an action in the other state.

(6) Notwithstanding subsection (4) of this section, a public agency in this state may exclude from an agreement under subsection (2) of this section any clause or condition required by ORS 279B.220 (Conditions concerning payment, contributions, liens, withholding), 279B.225 (Condition concerning salvaging, recycling, composting or mulching yard waste material), 279B.230 (Condition concerning payment for medical care and providing workers' compensation), 279B.235 (Condition concerning hours of labor), 279B.270 (State contracting agencies to use recovered resources and recycled materials) or 279C.500 ("Person" defined) to 279C.530 (Condition concerning payment for medical care and providing workers' compensation). [1969 c.390 §2; 1999 c.948 §4; 2003 c.794 §210; 2007 c.376 §1]

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/­190.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 190, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­190ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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. Currency Information