ORS 341.573
Division of assets and liabilities
(1)
When changes in district boundaries are made by the detachment of territory or an annexation of territory and another community college district is affected, the boards of the districts shall make an equitable division of the then existing assets and liabilities between the districts affected by such change and provide the manner of consummating the division.(2)
In case of failure to agree within 20 days from the time of such change, the matter shall be decided by a board of arbitrators. The board of arbitrators shall consist of one member appointed by each of the boards of the affected districts and an additional member appointed by the other appointees.(3)
In the event any such board fails to appoint an arbitrator within 30 days, the Higher Education Coordinating Commission shall appoint such arbitrator. In the event the arbitrators selected fail to appoint the additional arbitrator within 30 days after the appointment of the arbitrator last appointed, the commission shall notify the judge senior in service of the circuit court of the principal county. Within 10 days after receiving such notice, the judge shall appoint one additional arbitrator.(4)
Each member of the board of arbitrators shall be entitled to the sum of $100 per day for each day’s service, and necessary expenses, while serving in the official capacity of the member. Expenses thus incurred shall be equally apportioned among the districts concerned.(5)
A party to an arbitration under this section may seek confirmation, vacation, modification or correction of the arbitrator’s decision as provided in ORS 36.700 (Confirmation of award), 36.705 (Vacating award) and 36.710 (Modification or correction of award). A court may vacate an award only if there is a basis to vacate the award described in ORS 36.705 (Vacating award) (1)(a) to (d). The court may modify or correct an award only for the grounds given in ORS 36.710 (Modification or correction of award).(6)
Assets include all property and moneys belonging to the district at the time of division. Liabilities include all debts for which the respective districts in their corporate capacities are liable at the time of division. In determining the assets, property shall be estimated at its fair value. The assets and liabilities shall be divided between the districts in proportion to the last assessed value of the real and personal property. The district retaining the real property shall pay the other districts concerned such sums as are determined in accordance with the provisions of this section. All funds to be apportioned during the current fiscal year, after such division, shall be made in proportion to the number of persons in each district according to the latest federal census.(7)
This section does not apply to state aid distributed by the commission under ORS 341.626 (Distribution of state aid).(8)
When changes in district boundaries arise by detaching a territory that will not be incorporated into an existing or new community college district:(a)
The existing district from which the territory is detached shall retain the rights to all assets belonging to the district at the time of the change in district boundaries; and(b)
Except as provided in ORS 341.575 (Liability of annexed, merged or detached territory), the existing district shall also retain responsibility for all liabilities of the district. [1971 c.513 §85; 1979 c.772 §22; 2003 c.598 §40; 2013 c.747 §67; 2021 c.53 §3]
Source:
Section 341.573 — Division of assets and liabilities, https://www.oregonlegislature.gov/bills_laws/ors/ors341.html.
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