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ORS Chapter 190

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Chapter 190 — Cooperationof Governmental Units; State Census; Arbitration 2009 EDITION  GOVERNMENTCOOPERATION; CENSUS; ARBITRATION MISCELLANEOUSMATTERS INTERGOVERNMENTALCOOPERATION (Generally) 190.003     Definitionsfor ORS 190.003 to 190.130 190.007     Policy;construction 190.010     Authorityof local governments to make intergovernmental agreement 190.020     Contentsof agreement 190.030     Effectof agreement 190.050     Feesfor geographic data; uses 190.070     Agreementchanging service responsibilities requires changes in tax coordinationresulting from change 190.080     Powersof intergovernmental entity created by intergovernmental agreement; limits;debts of entity; procedure for distribution of assets; rules 190.083     Countyagreements for transportation facilities 190.085     Ordinanceratifying intergovernmental agreement creating entity 190.110     Authorityof units of local government and state agencies to cooperate; agreements withAmerican Indian tribes; exclusion of conditions for public contracts 190.112     Agreementswith United States to perform security functions 190.115     Summariesof agreements of state agencies; contents 190.118     Indexof summaries (Water) 190.125     Agreementsto deliver water; joint board of control 190.130     Effectof ORS 190.125 190.150     Agreementsunder federal Watershed Protection and Flood Prevention Act (StateObligations) 190.210     OregonDepartment of Administrative Services to maintain liaison with localgovernments providing services to state agencies 190.220     Stateto pay share of cost of intergovernmental and planning studies; limitation 190.230     Publicemployment status under various federal programs (Furnishingof Services and Information) 190.240     Furnishingof services by state agency to federal and local governmental units 190.250     Furnishingcentralized accounting and data processing services to federal and localgovernmental units 190.255     Stateagencies’ sharing of business registration information (Corrections) 190.265     Intergovernmentalcorrections entities; purposes; powers; bonds; taxes INTERSTATECOOPERATION 190.410     Definitionsfor ORS 190.410 to 190.440 190.420     Authorityof public agency to make agreements with public agencies in other states;contents of agreement; liability of public agency 190.430     AttorneyGeneral to review agreements; exemptions 190.440     Powersof public agency under agreement 190.470     Councilof State Governments declared a joint governmental agency 190.472     Mutualinterstate law enforcement assistance agreements 190.474     Reportsby out-of-state police officers 190.476     Delegationof supervision of police officers; agency liability 190.478     Effecton federal officers INTERNATIONALCOOPERATION 190.480     Definitionfor ORS 190.480 to 190.490 190.485     Authorityof state agency to exercise authority jointly with nation or national agency ofother than United States; contents of agreements 190.490     Approvalof agreement by Attorney General; filing of agreement; rules; exemptions STATECENSUS 190.510     Definitionsfor ORS 190.510 to 190.610 190.520     Annualestimate of population of cities and counties by State Board of HigherEducation; actual count 190.530     Revisionof certificate; effect 190.540     Effectof certificate of population; use in computing shares of state revenues 190.580     Rulesand regulations 190.590     Reportinginformation to board 190.610     Boardto establish program at state institution of higher education 190.620     Effectof corrected certificate on payments to cities or counties; adjustment ofpayments INTERGOVERNMENTALARBITRATION 190.710     Definitionsfor ORS 190.710 to 190.800 190.720     Agreementto arbitrate; costs 190.730     Submissionto regional office 190.740     Arbitrationrules 190.750     Selectionof arbitrators 190.760     Procedureduring arbitration 190.770     Subpoenaprocedure 190.780     Depositions 190.790     Relief;briefs; opinion; damages; filing of petition to confirm award 190.800     Vacation,modification and correction of award INTERGOVERNMENTALCOOPERATION (Generally)       190.003Definitions for ORS 190.003 to 190.130. As used in ORS 190.003 to 190.130, “unitof local government” includes a county, city, district or other publiccorporation, commission, authority or entity organized and existing understatute or city or county charter. [1967 c.550 §2]       190.007Policy; construction.In the interest of furthering economy and efficiency in local government,intergovernmental cooperation is declared a matter of statewide concern. Theprovisions of ORS 190.003 to 190.130 shall be liberally construed. [1967 c.550 §3]       190.010Authority of local governments to make intergovernmental agreement. A unit of localgovernment may enter into a written agreement with any other unit or units oflocal government for the performance of any or all functions and activitiesthat a party to the agreement, its officers or agencies, have authority toperform. The agreement may provide for the performance of a function oractivity:      (1)By a consolidated department;      (2)By jointly providing for administrative officers;      (3)By means of facilities or equipment jointly constructed, owned, leased oroperated;      (4)By one of the parties for any other party;      (5)By an intergovernmental entity created by the agreement and governed by a boardor commission appointed by, responsible to and acting on behalf of the units oflocal government that are parties to the agreement; or      (6)By a combination of the methods described in this section. [Amended by 1953c.161 §2; 1963 c.189 §1; 1967 c.550 §4; 1991 c.583 §1]       190.020Contents of agreement. (1) An agreement under ORS 190.010 shall specifythe functions or activities to be performed and by what means they shall beperformed. Where applicable, the agreement shall provide for:      (a)The apportionment among the parties to the agreement of the responsibility forproviding funds to pay for expenses incurred in the performance of thefunctions or activities.      (b)The apportionment of fees or other revenue derived from the functions oractivities and the manner in which such revenue shall be accounted for.      (c)The transfer of personnel and the preservation of their employment benefits.      (d)The transfer of possession of or title to real or personal property.      (e)The term or duration of the agreement, which may be perpetual.      (f)The rights of the parties to terminate the agreement.      (2)When the parties to an agreement are unable, upon termination of the agreement,to agree on the transfer of personnel or the division of assets and liabilitiesbetween the parties, the circuit court has jurisdiction to determine that transferor division. [Amended by 1967 c.550 §5]       190.030Effect of agreement.(1) When an agreement under ORS 190.010 has been entered into, the unit oflocal government, consolidated department, intergovernmental entity oradministrative officer designated therein to perform specified functions oractivities is vested with all powers, rights and duties relating to thosefunctions and activities that are vested by law in each separate party to theagreement, its officers and agencies.      (2)An officer designated in an agreement to perform specified duties, functions oractivities of two or more public officers shall be considered to be holdingonly one office.      (3)An elective office may not be terminated by an agreement under ORS 190.010. [Amendedby 1967 c.550 §6; 1991 c.583 §2]       190.040 [Amended by1953 c.182 §2; 1957 c.428 §1; repealed by 1963 c.189 §3]       190.050Fees for geographic data; uses. (1) An intergovernmental group mayimpose and collect reasonable fees based on market prices or competitive bids forgeographic data that have commercial value and are an entire formula, pattern,compilation, program, device, method, technique, process, database or systemdeveloped with a significant expenditure of public funds. An intergovernmentalgroup may enter into agreements with private persons or entities to assist withmarketing such products. Notwithstanding any other provision of law,intergovernmental group software product programming source codes, object codesand geographic databases or systems are confidential and exempt from publicdisclosure under ORS 192.502. Nothing in this section authorizes anintergovernmental group to restrict access to public records through inclusionof such records in a geographic database or system.      (2)Fees collected under subsection (1) of this section shall be used:      (a)For maintenance of the formula, pattern, compilation, program, device, method,technique, process, database or system; and      (b)To provide services through the formula, pattern, compilation, program, device,method, technique, process, database or system to public bodies paying aservice charge to the intergovernmental group.      (3)As used in this section, “intergovernmental group” means two or more units oflocal government that have entered into a written agreement under ORS 190.010. [1991c.335 §2]       190.070Agreement changing service responsibilities requires changes in tax coordinationresulting from change. (1) If any agreement entered into under ORS 190.010to 190.030 or 190.110 between or among units of local government includeschanges in service responsibility, that agreement shall set forth any changesin tax coordination resulting from the change in service responsibility.      (2)This section applies to agreements entered into after September 29, 1991, andbefore January 1, 1996. [1991 c.396 §9; 1993 c.424 §3]       Note: 190.070 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 190 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.       190.080Powers of intergovernmental entity created by intergovernmental agreement;limits; debts of entity; procedure for distribution of assets; rules. (1) Anintergovernmental entity created by an intergovernmental agreement under ORS190.010 may, according to the terms of the agreement:      (a)Issue revenue bonds under ORS chapter 287A or enter into financing agreementsauthorized under ORS 271.390 to accomplish the public purposes of the partiesto the agreement, if after a public hearing the governing body of each of theunits of local government that are parties to the agreement approves, byresolution or order, the issuance of the revenue bonds or entering into thefinancing agreement;      (b)Enter into agreements with vendors, trustees or escrow agents for theinstallment purchase or lease, with option to purchase, of real or personalproperty if the period of time allowed for payment under an agreement does notexceed 20 years; and      (c)Adopt all rules necessary to carry out its powers and duties under theintergovernmental agreement.      (2)Except as provided in ORS 190.083, an intergovernmental entity may not levytaxes or issue general obligation bonds.      (3)The debts, liabilities and obligations of an intergovernmental entity shall be,jointly and severally, the debts, liabilities and obligations of the parties tothe intergovernmental agreement that created the entity, unless the agreementspecifically provides otherwise.      (4)A party to an intergovernmental agreement creating an intergovernmental entitymay assume responsibility for specific debts, liabilities or obligations of theintergovernmental entity.      (5)Any moneys collected by or credited to an intergovernmental entity shall notaccrue to the benefit of private persons. Upon dissolution of the entity, titleto all assets of the intergovernmental entity shall vest in the parties to theintergovernmental agreement. The agreement creating the entity shall provide aprocedure for:      (a)The disposition, division and distribution of any assets acquired by theintergovernmental entity; and      (b)The assumption of any outstanding indebtedness or other liabilities of theentity by the parties to the intergovernmental agreement that created theentity.      (6)An intergovernmental entity created by intergovernmental agreement under ORS190.010 may be terminated at any time by unanimous vote of all the parties tothe intergovernmental agreement or as provided by the terms of the agreement. [1991c.583 §4; 2001 c.840 §3; 2003 c.195 §7; 2007 c.783 §71]       190.083County agreements for transportation facilities.
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  • Chapter 190 — Cooperationof Governmental Units; State Census; Arbitration

     

    2009 EDITION

     

     

    GOVERNMENTCOOPERATION; CENSUS; ARBITRATION

     

    MISCELLANEOUSMATTERS

     

    INTERGOVERNMENTALCOOPERATION

     

    (Generally)

     

    190.003     Definitionsfor ORS 190.003 to 190.130

     

    190.007     Policy;construction

     

    190.010     Authorityof local governments to make intergovernmental agreement

     

    190.020     Contentsof agreement

     

    190.030     Effectof agreement

     

    190.050     Feesfor geographic data; uses

     

    190.070     Agreementchanging service responsibilities requires changes in tax coordinationresulting from change

     

    190.080     Powersof intergovernmental entity created by intergovernmental agreement; limits;debts of entity; procedure for distribution of assets; rules

     

    190.083     Countyagreements for transportation facilities

     

    190.085     Ordinanceratifying intergovernmental agreement creating entity

     

    190.110     Authorityof units of local government and state agencies to cooperate; agreements withAmerican Indian tribes; exclusion of conditions for public contracts

     

    190.112     Agreementswith United States to perform security functions

     

    190.115     Summariesof agreements of state agencies; contents

     

    190.118     Indexof summaries

     

    (Water)

     

    190.125     Agreementsto deliver water; joint board of control

     

    190.130     Effectof ORS 190.125

     

    190.150     Agreementsunder federal Watershed Protection and Flood Prevention Act

     

    (StateObligations)

     

    190.210     OregonDepartment of Administrative Services to maintain liaison with localgovernments providing services to state agencies

     

    190.220     Stateto pay share of cost of intergovernmental and planning studies; limitation

     

    190.230     Publicemployment status under various federal programs

     

    (Furnishingof Services and Information)

     

    190.240     Furnishingof services by state agency to federal and local governmental units

     

    190.250     Furnishingcentralized accounting and data processing services to federal and localgovernmental units

     

    190.255     Stateagencies’ sharing of business registration information

     

    (Corrections)

     

    190.265     Intergovernmentalcorrections entities; purposes; powers; bonds; taxes

     

    INTERSTATECOOPERATION

     

    190.410     Definitionsfor ORS 190.410 to 190.440

     

    190.420     Authorityof public agency to make agreements with public agencies in other states;contents of agreement; liability of public agency

     

    190.430     AttorneyGeneral to review agreements; exemptions

     

    190.440     Powersof public agency under agreement

     

    190.470     Councilof State Governments declared a joint governmental agency

     

    190.472     Mutualinterstate law enforcement assistance agreements

     

    190.474     Reportsby out-of-state police officers

     

    190.476     Delegationof supervision of police officers; agency liability

     

    190.478     Effecton federal officers

     

    INTERNATIONALCOOPERATION

     

    190.480     Definitionfor ORS 190.480 to 190.490

     

    190.485     Authorityof state agency to exercise authority jointly with nation or national agency ofother than United States; contents of agreements

     

    190.490     Approvalof agreement by Attorney General; filing of agreement; rules; exemptions

     

    STATECENSUS

     

    190.510     Definitionsfor ORS 190.510 to 190.610

     

    190.520     Annualestimate of population of cities and counties by State Board of HigherEducation; actual count

     

    190.530     Revisionof certificate; effect

     

    190.540     Effectof certificate of population; use in computing shares of state revenues

     

    190.580     Rulesand regulations

     

    190.590     Reportinginformation to board

     

    190.610     Boardto establish program at state institution of higher education

     

    190.620     Effectof corrected certificate on payments to cities or counties; adjustment ofpayments

     

    INTERGOVERNMENTALARBITRATION

     

    190.710     Definitionsfor ORS 190.710 to 190.800

     

    190.720     Agreementto arbitrate; costs

     

    190.730     Submissionto regional office

     

    190.740     Arbitrationrules

     

    190.750     Selectionof arbitrators

     

    190.760     Procedureduring arbitration

     

    190.770     Subpoenaprocedure

     

    190.780     Depositions

     

    190.790     Relief;briefs; opinion; damages; filing of petition to confirm award

     

    190.800     Vacation,modification and correction of award

     

    INTERGOVERNMENTALCOOPERATION

     

    (Generally)

     

          190.003Definitions for ORS 190.003 to 190.130. As used in ORS 190.003 to 190.130, “unitof local government” includes a county, city, district or other publiccorporation, commission, authority or entity organized and existing understatute or city or county charter. [1967 c.550 §2]

     

          190.007Policy; construction.In the interest of furthering economy and efficiency in local government,intergovernmental cooperation is declared a matter of statewide concern. Theprovisions of ORS 190.003 to 190.130 shall be liberally construed. [1967 c.550 §3]

     

          190.010Authority of local governments to make intergovernmental agreement. A unit of localgovernment may enter into a written agreement with any other unit or units oflocal government for the performance of any or all functions and activitiesthat a party to the agreement, its officers or agencies, have authority toperform. The agreement may provide for the performance of a function oractivity:

          (1)By a consolidated department;

          (2)By jointly providing for administrative officers;

          (3)By means of facilities or equipment jointly constructed, owned, leased oroperated;

          (4)By one of the parties for any other party;

          (5)By an intergovernmental entity created by the agreement and governed by a boardor commission appointed by, responsible to and acting on behalf of the units oflocal government that are parties to the agreement; or

          (6)By a combination of the methods described in this section. [Amended by 1953c.161 §2; 1963 c.189 §1; 1967 c.550 §4; 1991 c.583 §1]

     

          190.020Contents of agreement. (1) An agreement under ORS 190.010 shall specifythe functions or activities to be performed and by what means they shall beperformed. Where applicable, the agreement shall provide for:

          (a)The apportionment among the parties to the agreement of the responsibility forproviding funds to pay for expenses incurred in the performance of thefunctions or activities.

          (b)The apportionment of fees or other revenue derived from the functions oractivities and the manner in which such revenue shall be accounted for.

          (c)The transfer of personnel and the preservation of their employment benefits.

          (d)The transfer of possession of or title to real or personal property.

          (e)The term or duration of the agreement, which may be perpetual.

          (f)The rights of the parties to terminate the agreement.

          (2)When the parties to an agreement are unable, upon termination of the agreement,to agree on the transfer of personnel or the division of assets and liabilitiesbetween the parties, the circuit court has jurisdiction to determine that transferor division. [Amended by 1967 c.550 §5]

     

          190.030Effect of agreement.(1) When an agreement under ORS 190.010 has been entered into, the unit oflocal government, consolidated department, intergovernmental entity oradministrative officer designated therein to perform specified functions oractivities is vested with all powers, rights and duties relating to thosefunctions and activities that are vested by law in each separate party to theagreement, its officers and agencies.

          (2)An officer designated in an agreement to perform specified duties, functions oractivities of two or more public officers shall be considered to be holdingonly one office.

          (3)An elective office may not be terminated by an agreement under ORS 190.010. [Amendedby 1967 c.550 §6; 1991 c.583 §2]

     

          190.040 [Amended by1953 c.182 §2; 1957 c.428 §1; repealed by 1963 c.189 §3]

     

          190.050Fees for geographic data; uses. (1) An intergovernmental group mayimpose and collect reasonable fees based on market prices or competitive bids forgeographic data that have commercial value and are an entire formula, pattern,compilation, program, device, method, technique, process, database or systemdeveloped with a significant expenditure of public funds. An intergovernmentalgroup may enter into agreements with private persons or entities to assist withmarketing such products. Notwithstanding any other provision of law,intergovernmental group software product programming source codes, object codesand geographic databases or systems are confidential and exempt from publicdisclosure under ORS 192.502. Nothing in this section authorizes anintergovernmental group to restrict access to public records through inclusionof such records in a geographic database or system.

          (2)Fees collected under subsection (1) of this section shall be used:

          (a)For maintenance of the formula, pattern, compilation, program, device, method,technique, process, database or system; and

          (b)To provide services through the formula, pattern, compilation, program, device,method, technique, process, database or system to public bodies paying aservice charge to the intergovernmental group.

          (3)As used in this section, “intergovernmental group” means two or more units oflocal government that have entered into a written agreement under ORS 190.010. [1991c.335 §2]

     

          190.070Agreement changing service responsibilities requires changes in tax coordinationresulting from change. (1) If any agreement entered into under ORS 190.010to 190.030 or 190.110 between or among units of local government includeschanges in service responsibility, that agreement shall set forth any changesin tax coordination resulting from the change in service responsibility.

          (2)This section applies to agreements entered into after September 29, 1991, andbefore January 1, 1996. [1991 c.396 §9; 1993 c.424 §3]

     

          Note: 190.070 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 190 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.

     

          190.080Powers of intergovernmental entity created by intergovernmental agreement;limits; debts of entity; procedure for distribution of assets; rules. (1) Anintergovernmental entity created by an intergovernmental agreement under ORS190.010 may, according to the terms of the agreement:

          (a)Issue revenue bonds under ORS chapter 287A or enter into financing agreementsauthorized under ORS 271.390 to accomplish the public purposes of the partiesto the agreement, if after a public hearing the governing body of each of theunits of local government that are parties to the agreement approves, byresolution or order, the issuance of the revenue bonds or entering into thefinancing agreement;

          (b)Enter into agreements with vendors, trustees or escrow agents for theinstallment purchase or lease, with option to purchase, of real or personalproperty if the period of time allowed for payment under an agreement does notexceed 20 years; and

          (c)Adopt all rules necessary to carry out its powers and duties under theintergovernmental agreement.

          (2)Except as provided in ORS 190.083, an intergovernmental entity may not levytaxes or issue general obligation bonds.

          (3)The debts, liabilities and obligations of an intergovernmental entity shall be,jointly and severally, the debts, liabilities and obligations of the parties tothe intergovernmental agreement that created the entity, unless the agreementspecifically provides otherwise.

          (4)A party to an intergovernmental agreement creating an intergovernmental entitymay assume responsibility for specific debts, liabilities or obligations of theintergovernmental entity.

          (5)Any moneys collected by or credited to an intergovernmental entity shall notaccrue to the benefit of private persons. Upon dissolution of the entity, titleto all assets of the intergovernmental entity shall vest in the parties to theintergovernmental agreement. The agreement creating the entity shall provide aprocedure for:

          (a)The disposition, division and distribution of any assets acquired by theintergovernmental entity; and

          (b)The assumption of any outstanding indebtedness or other liabilities of theentity by the parties to the intergovernmental agreement that created theentity.

          (6)An intergovernmental entity created by intergovernmental agreement under ORS190.010 may be terminated at any time by unanimous vote of all the parties tothe intergovernmental agreement or as provided by the terms of the agreement. [1991c.583 §4; 2001 c.840 §3; 2003 c.195 §7; 2007 c.783 §71]

     

          190.083County agreements for transportation facilities.

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