Title 198 · ORS Chapter 198
198.945, if the county board finds that dissolution is in the interest of the people of the county and: ����� (1) The territory within the affected district is uninhabited; ����� (2) The district ha
Citation: ORS 198.945
Section: 198.945
198.945, if the county board finds that dissolution is in the interest of the people of the county and:
����� (1) The territory within the affected district is uninhabited;
����� (2) The district has failed regularly to elect district board members in accordance with the principal Act of the district;
����� (3) For a county service district, dissolution is required due to an absence of public need for continuation of the district, as provided in ORS 451.620; or
����� (4) For a county service district, the district is no longer necessary for the purpose for which it was formed. [1971 c.727 �53; 1987 c.504 �9; 2009 c.496 �1]
����� 198.945 Trustees for dissolved district; records to county clerk; limitation on further elections. (1) Upon canvassing the vote after the election, if it appears that a majority or more of the votes cast approve dissolution, the district board shall declare the district dissolved. The board shall thereupon constitute a board of trustees who shall pay the debts or procure releases thereof and dispose of the property of the district. If the dissolved district was located wholly within the limits of one county, the board of the dissolving district may designate the county board as the board of trustees for the purpose of winding up the affairs of the district. If a majority of the votes cast at the election is against dissolution, the district board shall declare the proposal lost and cause the result of the vote to be made a part of the records of the district. In either case, the results of the election shall be certified to the county board immediately after the canvass of the vote.
����� (2) If dissolution is approved, after the affairs of the district have been fully settled, all books and records of the district shall be deposited by the board of trustees in the office of the county clerk of the county. At the same time, the board of trustees shall execute under oath, and file with the county board, a statement that the district has been dissolved and its affairs liquidated. From the date of the statement, the corporate existence of the district is terminated for all purposes.
����� (3) If a majority of the votes cast are against dissolution, no further election for dissolution shall be called by the board, upon petition or upon a resolution of the board, prior to the expiration of one year from the date of the election on dissolution. [1971 c.727 �54]
����� 198.950 Power of trustees to convey assets. The board of trustees may convey to another district all assets of the dissolving district as described by ORS 198.930:
����� (1) If the other district assumes all debts and obligations of the dissolving district and undertakes to continue to furnish the service provided by the dissolving district pursuant to the plan of dissolution and liquidation; and
����� (2) If the consent of all the known holders of valid indebtedness against the district has been obtained, or provision has been made in the plan for payment of the nonassenting holders. [1971 c.727 �55]
����� 198.955 Disposition of assets; rules. (1) Except as provided by ORS 198.950, any surplus funds remaining to the credit of the district, after payment of the indebtedness of the district, shall be turned over to the county treasurer. If the assets of the district are insufficient to pay the indebtedness, the board of trustees shall levy taxes, within the limits of the authority of the district, for the liquidation of such indebtedness.
����� (2) Notwithstanding subsection (1) of this section, if the property of a district is located within the corporate limits of a city, such property shall, upon dissolution of the district, vest in the city in which located and the property of the district lying outside the corporate limits of any city shall vest in the county until the formation of a city embracing such territory, at which time it shall vest in the city.
����� (3) In each year that the county receives surplus funds to the credit of the district under subsection (1) of this section, any funds in the account of the district on June 30, in excess of $6,000 retained by the county for administration, shall be certified to the county assessor and shall be disposed of as provided under one of the following paragraphs, as selected by the county assessor:
����� (a) Notwithstanding ORS 310.105, the funds may be offset against that portion of the levies of taxing units levied against the property values of property within the dissolved district. The method of offset shall be further defined by rule of the Department of Revenue. If the funds are offset as provided under this paragraph, the funds shall be distributed to each taxing unit in the amount of that taxing unit�s offset.
����� (b) The amount may be credited to each property appearing on the tax roll for the year for which the credit applies within the dissolved district on the basis of current assessed value. If the surplus funds are distributed under this paragraph, the surplus funds shall be deposited in the unsegregated tax collections account established under ORS 311.385 and distributed in the same manner as other funds in that account. The method to be used to credit the amount of the surplus shall be further defined by rule of the Department of Revenue. [1971 c.727 �56; 1989 c.883 �1; 1991 c.459 �343]
����� 198.973 [2007 c.562 �1; renumbered 358.442 in 2009]
����� 198.974 [2007 c.562 �2; renumbered 358.444 in 2009]
����� 198.975 [2007 c.562 �3; renumbered 358.446 in 2009]
����� 198.976 [2007 c.562 �4; renumbered 358.448 in 2009]
����� 198.977 [2007 c.562 �5; renumbered 358.450 in 2009]
����� 198.978 [2007 c.562 �6; renumbered 358.452 in 2009]
����� 198.979 [2007 c.562 �7; renumbered 358.454 in 2009]
����� 198.980 [2007 c.562 �8; renumbered 358.456 in 2009]
����� 198.981 [2007 c.562 �9; renumbered 358.458 in 2009]
����� 198.982 [2007 c.562 �10; renumbered