Bill Text: OR HB2618 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to withdrawal of part of a district; and prescribing an effective date.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-06-04 - Chapter 277, (2013 Laws): 90 days after Sine Die. [HB2618 Detail]

Download: Oregon-2013-HB2618-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2618

                         House Bill 2618

Sponsored by Representatives CLEM, GILLIAM (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Allows city to withdraw part of district incorporated as or
annexed to city from district only if city provides service
formerly provided by district.
  Takes effect on 91st day following adjournment sine die.

                        A BILL FOR AN ACT
Relating to withdrawal of part of a district; creating new
  provisions; amending ORS 222.520; and prescribing an effective
  date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 222.520 is amended to read:
  222.520. (1) Whenever a part less than the entire area of a
district named in ORS 222.510 becomes incorporated as or annexed
to a city in accordance with law { +  and the city, after the
incorporation or annexation, provides the service to the part of
the district that the district provided before the incorporation
or annexation + }, the city may cause   { - that - }
 { + the + } part to be withdrawn from the district in the manner
set forth in ORS 222.120 or at any time after   { - such - }
 { + the + } incorporation or annexation in the manner set forth
in ORS 222.524. Until   { - so - }  withdrawn, the part of
 { - such a - }   { + the + } district incorporated  { + as + }
or annexed   { - into a - }   { + to the + } city shall continue
to be a part of the district.
  (2) The part   { - thus - }  withdrawn  { + pursuant to
subsection (1) of this section + }   { - shall - }  { +  is + }
not   { - thereby be - }  relieved from liabilities and
indebtedness previously contracted by the district. For the
purposes of paying   { - such - }   { + the + } liabilities and
indebtedness of the district, property in the part withdrawn
shall continue to be subject to assessment and taxation uniformly
with property in the area remaining in the district. The city of
which it became a part shall, however, assume such obligations if
the obligations assumed do not bring the total of the city's
obligations above any applicable limitations prescribed by
statute. When the city assumes   { - such - }   { + the + }
obligations it shall be liable to the district for one of the
following, at the option of the city:
  (a) The amount of taxes   { - which - }   { + that + }
otherwise would be extended each year   { - therefor - }

 { + for the obligations + } against the property in the part
withdrawn; or
  (b) Payment annually, as the bonds of the district that were
outstanding on the effective date of the withdrawal mature, of
the same proportion of   { - such - }   { + the + } outstanding
bonds, and the interest
  { - thereon - }  { +  on the bonds + }, as the assessed
valuation of the part withdrawn bears to the assessed valuation
of the entire district on the effective date of the withdrawal.
After the city agrees to make   { - such - }  payments under this
 { - subsection - }  { +  paragraph + }, neither the city nor the
part withdrawn shall be charged by the district with any future
liabilities, obligations or functions of the district.
  SECTION 2.  { + The amendments to ORS 222.520 by section 1 of
this 2013 Act apply to the incorporation or annexation of part of
a district occurring on or after the effective date of this 2013
Act. + }
  SECTION 3.  { + This 2013 Act takes effect on the 91st day
after the date on which the 2013 regular session of the
Seventy-seventh Legislative Assembly adjourns sine die. + }
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