2017 ORS 450.607¹
Formation of joint authority that includes city or district by consolidation
  • formation within urban growth boundary
  • transfer of property 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 be formed by consolidation of a water authority and a sanitary authority or by the consolidation of a water authority or sanitary authority and any combination of cities or districts 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 in ORS 199.480 (Filing of major boundary change order) (1)(c). The entities included in the consolidation shall be considered joined into a single new joint authority. Except for the consolidation of an existing water authority and sanitary authority, if the consolidating entities are within the urban growth boundary of a city or the city provides water supply, wastewater treatment or surface water management and treatment, then the consolidating entities must:

(a) Obtain consent for the consolidation by resolution of the affected city or district prior to calling an election; or

(b) Comply with the formation procedures set forth in ORS 450.600 (Joint authorities) and satisfy the requirements of ORS 450.787 (Formation of authorities by cities and sanitary or drainage districts).

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

(a) Succeed to and hold the property, contracts, rights and powers of the consolidating entities with respect to water-related services 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 the uncollected taxes, assessments or charges levied by the consolidating entities 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 legal or contractual obligations of the consolidating entities. [1997 c.590 §6]

Note: 450.607 (Formation of joint authority that includes city or district by consolidation) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 450 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 450, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano450.­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.