ORS 264.875
Assumption of debts and obligations of district upon dissolution


(1)

An irrigation district within which a water district is situated, or a city supplying water to a water district, may enter into a written agreement with a water district contemplating dissolution undertaking to assume, in the event of such dissolution, all of the outstanding debts and obligations of the water district and to continue to furnish water to the inhabitants of the dissolving district for domestic and municipal use for a term therein specified, not to exceed 25 years. Subject to the provisions of this section, the successor city shall, if the dissolution is approved, have the powers and assume the responsibilities, with reference to domestic water supply, as are conferred and imposed upon cities under ORS 223.005 (Appropriation and condemnation for public use within and without city limits) to 223.105 (Proceedings to condemn property for city improvements when owner and city disagree on price), 223.205 (Scope and application) to 223.930 (Streets along city boundaries or partly within and without city) and ORS chapter 225. Any person entitled to water service within the area of the dissolved district has the same remedies at law or in equity to enforce the rights of the person to water supply service as are available to enforce the right to water service within the city.

(2)

The successor city or district shall furnish domestic water supply and service to persons owning or occupying property within the dissolved district on the same terms and conditions as in the case of those owning or occupying property within the city, or elsewhere within the irrigation district. If the district assets and obligations are transferred to a city, the city may charge a rate for the service that is no more than the rate which is uniformly applied to all users in similar classifications outside the city. No such differential rate may be charged, however, unless such a differential is provided for, and specifically limited, by the terms of the agreement made prior to the dissolution. Nothing in this section authorizes a city or an irrigation district to levy an ad valorem real property tax on property outside the city or district.

(3)

Any debts or obligations assumed by the successor city or by the irrigation district by reason of, or during the period of, its commitment under the agreement shall bind the city or irrigation district until they are fully paid and discharged. No contract shall be effective unless all of the terms thereof are reduced to writing, signed by the entities, and filed with the county clerk as a part of and at the time the findings and plan of dissolution are filed under ORS 198.925 (Findings of fact by district board). [1971 c.601 §5; 1983 c.740 §67]

Source: Section 264.875 — Assumption of debts and obligations of district upon dissolution, https://www.­oregonlegislature.­gov/bills_laws/ors/ors264.­html.

264.010
Definitions
264.015
Application of ORS chapter 255
264.110
Formation of domestic water supply district
264.114
Annexation where water supply affected by wildfire emergency
264.210
General powers of district
264.220
Disposal of taxes levied when organization declared invalid
264.240
Eminent domain authority
264.250
Authority to borrow money and issue general obligation bonds
264.260
Issuance of revenue bonds
264.270
Issuance of refunding bonds
264.280
Bond sale procedure
264.300
Tax assessment, levy and collection
264.306
Regulations concerning use of water and district property
264.308
Requiring cash deposits of water users
264.310
Rates for water furnished
264.312
Increasing water rates
264.314
Shutting off water if delinquent in payment of water bill
264.320
Refund of cost of water main extension
264.330
Hydrants for fire protection
264.335
Authority to exercise powers of sanitary district
264.336
Exercise of sanitary district powers in territory covered by 2020 major disaster declaration related to wildfires
264.340
Purchase and maintenance of fire equipment
264.342
Adoption of fire prevention code
264.344
Scope of fire prevention code
264.346
Violation of code or failure to remove hazards prohibited
264.348
Copies of code to be filed with Department of State Fire Marshal and posted at fire stations
264.349
Revoking authority to furnish fire protection services
264.350
Street lighting system
264.352
Drainage work
264.360
Cooperative agreements
264.362
Initiation of proceedings
264.364
Board action on report
264.366
Declaration of intention
264.368
Manner of doing work
264.370
Hearing
264.372
Methods of assessment
264.374
Appeal from assessment
264.376
Notice of assessment
264.378
Assessment lien records
264.380
Errors in assessment calculations
264.382
Deficit assessment
264.384
Excess assessment
264.386
Abandonment of proceedings
264.388
Guides in testing validity of proceedings
264.390
Reassessment
264.394
Enforcement of assessment lien
264.410
Board
264.417
Position numbers for commissioners
264.420
Calling of special elections
264.430
Proceedings of board
264.470
Deposit and withdrawal of moneys
264.480
Board of commissioners after merger or consolidation
264.505
Agreement to supply additional water prior to approval of annexation petition
264.540
Fire hydrants in city joined or annexed to district
264.550
Contracts between district and city joined or annexed to district
264.560
Permissible services
264.810
Employees’ retirement system authorized
264.820
Budgeting for retirement system
264.830
Employee contributions
264.840
Limitation on membership
264.875
Assumption of debts and obligations of district upon dissolution
264.990
Penalties
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