Bill Text: OR HB3076 | 2011 | Regular Session | Introduced

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Bill Title: Relating to operation of special districts within cities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3076 Detail]

Download: Oregon-2011-HB3076-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1985

                         House Bill 3076

Sponsored by Representative HUNT

                             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 petitioners seeking annexation of entire territory of
specified special district into jurisdiction of city to specify
whether district is extinguished or authorized to continue to
operate.

                        A BILL FOR AN ACT
Relating to operation of special districts within cities;
  amending ORS 222.510 and 451.585.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 222.510, as amended by section 1, chapter 41,
Oregon Laws 2010, is amended to read:
  222.510. (1) Whenever the entire area of a rural fire
protection district, a water district, including a domestic water
supply corporation, a park and recreation district, a highway
lighting district, a   { - county - }  service district, a
special road district, a road assessment district or a sanitary
district or authority, lawfully organized and existing, becomes
incorporated in or annexed to a city in accordance with law, the
district is extinguished and the city shall, upon the effective
date of the incorporation or annexation, succeed to all the
assets and become charged with all the liabilities, obligations
and functions of the district. The district officers shall
forthwith deliver to the city officers the district assets and
records. Uncollected taxes theretofore levied by the district
become the property of the city and must be delivered to it by
the county treasurer upon collection.
  (2) Notwithstanding subsection (1) of this section, a rural
fire protection district, a water district, including a domestic
water supply corporation, a park and recreation district, a
highway lighting district, a   { - county - }  service district,
a special road district, a road assessment district or a sanitary
district or authority, lawfully organized and existing, the
entire area of which becomes incorporated in a city, may continue
to provide services if the continuation is proposed by
petitioners in a petition for incorporation  { + or
annexation + } that is subsequently approved by voters in an
 { - incorporation - }  election { +  on the question of
incorporation or annexation + }. At any time after
incorporation { +  or annexation + }, a city may cause a district
to be extinguished and succeed to all the assets and become

charged with all the liabilities, obligations and functions of
the district if:
  (a) The governing body of the city holds a public hearing on
the question of the extinguishment, hears objections to the
extinguishment at the hearing, determines that the extinguishment
is in the best interest of the city and adopts an ordinance
extinguishing the district;
  (b) After the hearing, the governing body of the city refers
the ordinance extinguishing the district to the electors of the
city; and
  (c) The majority of all votes cast favors that the district be
extinguished.
  (3) For the public hearing required in subsection (2)(a) of
this section, the governing body shall fix a date, time and place
for the hearing and cause notice of the date, time, place and
purpose of the hearing to be published once each week for two
successive weeks prior to the date of the hearing in a newspaper
of general circulation in the city, and shall cause notices of
the hearing to be posted in four public places in the city for a
like period.
  SECTION 2. ORS 451.585, as amended by section 3, chapter 41,
Oregon Laws 2010, is amended to read:
  451.585. (1) Whenever the entire area of a district is
incorporated in or annexed to a city in accordance with law, the
district shall be extinguished and the city shall upon the
effective date of such annexation succeed to all the assets and
become charged with all the liabilities, obligations and
functions of the district. The district officers shall forthwith
deliver to the city officers the district assets and records.
Uncollected taxes theretofore levied by such district shall
become the property of the city and be delivered to it by the
county treasurer upon collection.
  (2) Notwithstanding subsection (1) of this section, a district,
the entire area of which becomes incorporated in  { + or annexed
to  + }a city, may continue to provide services if the
continuation is proposed by petitioners in a petition for
incorporation  { + or annexation + } that is subsequently
approved by voters in an   { - incorporation - }  election { +
on the question of incorporation or annexation + }. At any time
after incorporation { +  or annexation + }, a city may cause a
district to be extinguished and succeed to all the assets and
become charged with all the liabilities, obligations and
functions of the district if:
  (a) The governing body of the city holds a public hearing on
the question of the extinguishment, hears objections to the
extinguishment at the hearing, determines that the extinguishment
is in the best interest of the city and adopts an ordinance
extinguishing the district;
  (b) After the hearing, the governing body of the city refers
the ordinance extinguishing the district to the electors of the
city; and
  (c) The majority of all votes cast favors that the district be
extinguished.
  (3) For the public hearing required in subsection (2)(a) of
this section, the governing body shall fix a date, time and place
for the hearing and cause notice of the date, time, place and
purpose of the hearing to be published once each week for two
successive weeks prior to the date of the hearing in a newspaper
of general circulation in the city, and shall cause notices of
the hearing to be posted in four public places in the city for a
like period.
  (4) Whenever a part less than the whole of a district becomes
incorporated in or annexed to a city in accordance with law, the
city may at any time after such incorporation or annexation cause
that part to be withdrawn from such district in the manner set
forth in ORS 222.524, and the provisions of ORS 222.510 to
222.580 shall be applicable to such withdrawal except that in
case the district and the city cannot agree upon a division of
assets or obligations and liabilities, then and in such case,
either the district or the city may petition the circuit court
for the county in which the city has its legal situs to determine
such division.
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