(2) Notwithstanding subsection (1) of this section, a district, 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.
(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to a city in accordance with law, the city may at any time after such incorporation or annexation cause that part to be withdrawn from such district in the manner set forth in ORS 222.524, and the provisions of ORS 222.510 to 222.580 shall be applicable to such withdrawal except that in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. [1961 c.576 §§22,23; 2010 c.41 §3]
Structure 2021 Oregon Revised Statutes
Chapter 451 - County Service Facilities
Section 451.010 - Authorization to establish master plans and service districts; purposes.
Section 451.110 - Definitions for ORS 451.110 to 451.140.
Section 451.120 - Master plans for development of service facilities.
Section 451.140 - Powers of county court under ORS 451.110 to 451.140.
Section 451.410 - Definitions for ORS 451.410 to 451.610.
Section 451.435 - Law governing district formation or change.
Section 451.440 - Plans for service facilities.
Section 451.445 - Formation of district upon finding of health hazard; assessment.
Section 451.485 - Governing body of district; order preliminary to construction.
Section 451.487 - Referendum on order; election.
Section 451.490 - Methods of financing service facilities.
Section 451.492 - Financing portion of connection charges; lien.
Section 451.495 - Ordinance governing certain assessments.
Section 451.510 - Collection of service charges.
Section 451.540 - Tax levy for financing service facilities; hearing.
Section 451.542 - Filing boundary change with county assessor and Department of Revenue.
Section 451.545 - Bond issue for financing service facilities.
Section 451.550 - Powers of district under ORS 451.410 to 451.610.
Section 451.572 - Certain special districts excluded from water supply county service districts.
Section 451.573 - Definitions for ORS 451.573 to 451.577.
Section 451.577 - Dissolution of special district; service district to succeed.
Section 451.580 - Disposition of moneys received under ORS 451.410 to 451.610.
Section 451.585 - Duty of city when all or part of district incorporated or annexed.
Section 451.600 - Restrictions on altering, repairing or connecting with a service facility.
Section 451.605 - Formation of district for emergency communications system.
Section 451.610 - Advisory committee for emergency communications system.
Section 451.620 - Procedures for district formed subject to specified dissolution date.