Bill Text: OR SB617 | 2011 | Regular Session | Introduced

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Bill Title: Relating to people's utility districts providing domestic water service.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB617 Detail]

Download: Oregon-2011-SB617-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 3228

                         Senate Bill 617

Sponsored by Senator JOHNSON (at the request of City of
  St. Helens City Administrator Chad Olsen)

                             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 with municipally owned and operated water utility
to remove territory annexed to city from people's utility
district providing domestic water service.

                        A BILL FOR AN ACT
Relating to people's utility districts providing domestic water
  service; creating new provisions; and amending ORS 222.510.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 261. + }
  SECTION 2.  { + A people's utility district that supplies water
for domestic or municipal purposes or distributes, disposes of or
sells water for domestic purposes may be extinguished under ORS
222.510 or have territory withdrawn under ORS 222.520 by an
annexing city that owns and operates a municipal water
utility. + }
  SECTION 3. 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 { +  and a people's utility district organized
under ORS chapter 261 to provide domestic water service + }, 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 { +  and a people's utility district
organized under ORS chapter 261 to provide domestic water
service + }, 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 that is subsequently approved by voters in an
incorporation election. At any time after incorporation, 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.
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