ORS 450.605¹
Formation of joint authority by consolidation
  • transfer of property, rights and powers to consolidated authority

(1) In addition to formation under ORS 198.705 (Definitions for ORS 198.705 to 198.955) to 198.955 (Disposition of assets), a joint water and sanitary authority may also be formed by consolidation of a water authority and a sanitary authority as provided by ORS 450.610 (Initiation of proceedings for consolidation) to 450.630 (Joint meeting of governing bodies after approval of consolidation) if the consolidation is approved by the electors 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 authorities included in the consolidation shall be considered joined into a single new joint authority.

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

(a) Succeed to all the property, contracts, rights and powers of the consolidating authorities, and shall constitute and be a regularly organized authority as if originally organized in the manner provided by ORS 198.705 (Definitions for ORS 198.705 to 198.955) to 198.955 (Disposition of assets);

(b) Have the right to receive uncollected taxes, assessments or charges levied by the consolidating authorities and upon collection to credit the taxes, assessments or charges to the account of the successor joint authority; and

(c) Subject to any debt distribution plan adopted under ORS 450.615 (Contents of resolution), become liable for all the obligations, legal or contractual, of the consolidating authorities. [1993 c.577 §2]

Chapter 450

Notes of Decisions

Where city with home rule charter enacted ordinance imposing franchise fee on sanitary authority for use of city’s rights-of-way, ordinance operates concurrently with state law and is not preempted. Rogue Valley Sewer Services v. City of Phoenix, 262 Or App 183, 329 P3d 1 (2014), aff’d 357 Or 437, 353 P3d 581 (2015)

1 Legislative Counsel Committee, CHAPTER 450—Sanitary Districts and Authorities; Water Authorities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors450.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 450, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano450.­html (2019) (last ac­cessed May 16, 2020).
 
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