(2) If the merger is approved, the district boards and officers of the merging districts shall turn over to the board of the surviving district all funds, property, contracts and records of the merging districts. Upon the effective date of the merger:
(a) The surviving district shall succeed to all the property, contracts, rights and powers of the merging districts, and shall constitute and be a regularly organized district as if originally organized in the manner provided by the principal Act and ORS 198.705 to 198.955;
(b) Uncollected taxes, assessments or charges levied by the merging districts shall become the property of the surviving district and upon collection shall be credited to the account of the surviving district; and
(c) Subject to any debt distribution plan adopted under ORS 198.900, the surviving district shall become liable for all the obligations, legal or contractual, of the merging districts.
(3) Districts providing potable water for domestic consumption, sanitary sewer or surface water quality and quantity purposes under separate principal Acts may merge as provided in this section. The district designated as the surviving district shall have all powers held by the other district under the principal Act of the other district.
(4) A county service district may merge with another district providing different or similar services as provided in subsection (3) of this section. When the county service district is not the surviving district, the merging entities shall enter into an agreement concerning elected representation on the board of the surviving district. The agreement shall provide that no fewer than two members of the board of the surviving district shall be appointed by the board of county commissioners, acting as the governing body of the county service district, to serve until replaced by individuals elected to the office at the next regular district election.
(5) Subsections (3) and (4) of this section do not apply to water authorities or sanitary authorities seeking to provide a different water-related service if the entities that seek to merge with the existing water authorities or sanitary authorities are within the urban growth boundary of a city and the city provides water supply, wastewater treatment or surface water management and treatment. When such entities are within the urban growth boundary of a city, the merging entities must:
(a) Obtain consent for the merger from the city prior to calling an election; or
(b) Comply with the formation process set forth in ORS 450.600. [1971 c.727 §42; 1983 c.336 §22; 1997 c.590 §1; 2011 c.9 §18]
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 198 - Special Districts Generally
Section 198.010 - "District" defined for chapter.
Section 198.115 - Barring district employees from membership on governing board.
Section 198.180 - "District" defined for ORS 198.190.
Section 198.210 - "District" defined for ORS 198.220.
Section 198.320 - Filling of vacancies on governing bodies of certain districts.
Section 198.335 - Definitions for ORS 198.335 to 198.365.
Section 198.340 - Designation of registered office and agent.
Section 198.345 - Effect of failure to file certain reports.
Section 198.350 - Financial statement.
Section 198.355 - Hearing on dissolution; notice.
Section 198.360 - Continuation or termination of district; proceedings for county service district.
Section 198.425 - Recall of district officers generally.
Section 198.430 - Recall of officers of districts other than districts defined in ORS 255.012.
Section 198.440 - Statement of justification from affected officer.
Section 198.510 - Definitions for ORS 198.510 to 198.600.
Section 198.540 - Notice prior to adoption of ordinance affecting regulation.
Section 198.550 - Publication of ordinance; emergency ordinance procedure.
Section 198.560 - Filing of ordinance; notice of adoption of emergency ordinance.
Section 198.570 - When ordinances take effect.
Section 198.600 - Penalty for violation of regulations; jurisdiction; enforcement.
Section 198.605 - Local service districts.
Section 198.611 - Power of district to contract for purchase or lease of real or personal property.
Section 198.705 - Definitions for ORS 198.705 to 198.955.
Section 198.715 - Short title; procedure for formation or change of organization.
Section 198.720 - Boundaries; filing boundary change with county assessor and Department of Revenue.
Section 198.735 - Right of interested person to appear; written statements.
Section 198.745 - Content of resolution calling election.
Section 198.748 - Prospective petition for formation; filing; content.
Section 198.749 - Economic feasibility statement for district formation.
Section 198.750 - Content of petition proposing formation or change of organization.
Section 198.755 - Number of signatures required.
Section 198.765 - Requirements for filing petition; validity and certification of signatures.
Section 198.770 - Method of determining validity of landowner signatures.
Section 198.780 - Filing of duplicates of certain documents.
Section 198.782 - Documents to be filed with Secretary of State before business transacted.
Section 198.785 - Proceeding to contest validity of formation or change of organization.
Section 198.790 - Rights of creditors after change of organization; enforcement.
Section 198.792 - District formation or annexation proceedings to relieve public health danger.
Section 198.793 - Change of district name.
Section 198.794 - Effect of district name change; notification to certain officials.
Section 198.800 - Formation petition; hearing; notice of hearing.
Section 198.820 - Order by county board; effect of formation.
Section 198.825 - Election of first members of board when no formation election required.
Section 198.830 - Petition for formation by all landowners in proposed district.
Section 198.850 - Annexation petition or resolution; delayed effective date for certain annexations.
Section 198.857 - Annexation without election by petition of landowner.
Section 198.866 - Annexation of city to district; approval of annexation proposal; election.
Section 198.870 - Petition for withdrawal of property from district.
Section 198.875 - Election on withdrawal petition.
Section 198.882 - Tax relief to withdrawn area; conditions for relief; ultimate liability.
Section 198.885 - Merger of districts; effect.
Section 198.890 - Consolidation of districts; effect.
Section 198.900 - Content of petition for annexation, merger or consolidation.
Section 198.912 - Apportionment of board members for certain surviving or successor districts.
Section 198.920 - Dissolution procedure.
Section 198.925 - Findings of fact by district board.
Section 198.927 - Annexation of dissolved district.
Section 198.935 - Election on dissolution; consent of creditors; content of notice.
Section 198.940 - Dissolution without election.