2005 Oregon Code - Chapter 224 :: Chapter 224 - City Sewers and Sanitation
Chapter 224 — City Sewers and Sanitation
2005 EDITION
CITY SEWERS AND SANITATION
CITIES
CONSTRUCTION OF SEWER SYSTEM; ASSESSMENT PLAN
224.010Â Â Â Â Definitions for ORS 224.010 to 224.170
224.020Â Â Â Â Authority of city to construct sewage system
224.030Â Â Â Â Authority of city to alter water flow; limitations
224.040Â Â Â Â Assessment of property; collection
224.050Â Â Â Â Rights of owners outside city limits
224.065Â Â Â Â Writ of review
224.080Â Â Â Â Record and effect of judgment
224.090Â Â Â Â Assessment lien on property outside city limits; priority
224.100Â Â Â Â Records and indexes of transcripts; effect of writ of review
224.110Â Â Â Â Enforcing liens on property outside city limits
224.120Â Â Â Â Sale without foreclosure
224.130Â Â Â Â Assessment of property in drainage district
224.140Â Â Â Â Authority to control sewer system
224.150Â Â Â Â Federal aid
224.160Â Â Â Â Procurement of funds for construction
224.170Â Â Â Â Laws and charter provisions applicable to reassessments
CONSTRUCTION OF SEWER SYSTEM; BOND PLAN
224.232Â Â Â Â Bond election; Environmental Quality Commission order; court enforcement; issuance of bonds without elector approval
224.270Â Â Â Â Validation of bond issues
SEWER CONSTRUCTION IN CITIES OF 3,500 OR LESS
224.310Â Â Â Â Definitions for ORS 224.310 to 224.420
224.320Â Â Â Â Municipalities eligible for state help in financing sewer systems
224.330Â Â Â Â Conditions precedent to financing application
224.340Â Â Â Â Bonds; form; interest; sale price
224.350Â Â Â Â General powers of the State Treasurer under ORS 224.310 to 224.420; rules
224.370Â Â Â Â Municipality not to assume further obligations
224.380Â Â Â Â Limitations on authority of State Treasurer to purchase bonds
224.390Â Â Â Â State Sewer Bond Revolving Fund
224.400Â Â Â Â Control of State Treasurer over rates, collection of charges and delinquent assessments; budget approval
224.410Â Â Â Â Authority to appoint receiver and withhold earmarked moneys on default
224.420Â Â Â Â Duty of local treasurer to keep funds separate and withhold bond payments; liability of treasurer
224.450Â Â Â Â Validation of revenue bonds issued by cities of less than 100,000; sale of bonds to the federal government
SEWAGE CHARGE ON WATER USERS
224.510Â Â Â Â Sewage charge on water users
CONSTRUCTION OF SEWER SYSTEM; ASSESSMENT PLAN
     224.010
Definitions for ORS 224.010 to 224.170. As used in ORS 224.010 to 224.170,
unless the context requires otherwise:
     (1) “City” means any incorporated city or town.
     (2) “Council” means the council or other municipal authority of a city.
     224.020
Authority of city to construct sewage system. Whenever the council of any
city deems it necessary or expedient to construct a sewer partially within and
partially without the city, or to construct a sewer outlet, or do any other
work, acts or things without the city for proper disposal of sewerage and
drainage, the city, through its council, may acquire by purchase, condemnation
or otherwise, any property rights of way, easement and other rights without the
city as may be needed or deemed essential for the construction of the sewer,
sewer outlet, or other works. It may also provide for and do all things which
may be necessary or deemed essential for proper construction of such sewer,
sewer outlet, and for other works, acts and things which may be deemed
necessary or essential for the proper disposal of sewerage and drainage from
the city and adjacent territory.
     224.030
Authority of city to alter water flow; limitations. A city, through its
council, may divert water and waterways, fill or drain lakes, ponds or other
waters, increase or diminish the flow of waters in natural channels or dam
channels and do such other acts and things as may be found necessary or
essential for the matters provided for in ORS 224.010 to 224.120 and in ORS
224.170. However, no property rights or other vested rights shall be taken
without agreement with the owner or a proceeding of condemnation.
     224.040
Assessment of property; collection. The council may provide for and make a
local assessment for benefits against any and all property whether within or
without the city or partially within or partially without the city and enforce
a collection of such assessments.
     224.050
Rights of owners outside city limits. The owners of property without the
city shall be given like notice and shall have like opportunities of
remonstrance and have all other rights and remedies which the owners of
property within the city may have or be given, including the privileges of the
Bancroft Bonding Act or similar charter provisions relating to bonding of
assessments.
     224.060
[Amended by 1959 c.220 §1; repealed by 1967 c.280 §1 (224.065 enacted in lieu
of 224.060)]
     224.065
Writ of review. Notwithstanding any of the provisions of ORS 224.010 to
224.170, owners of any property against which an assessment for a local
improvement under this chapter has been imposed may seek a review thereof under
the provisions of ORS 34.010 to 34.100. [1967 c.280 §2 (enacted in lieu of
224.060 and 224.070)]
     224.070
[Amended by 1959 c.220 §2; repealed by 1967 c.280 §1 (224.065 enacted in lieu
of 224.070)]
     224.080
Record and effect of judgment. Upon final determination of the review a
transcript of the judgment shall be filed with the auditor, clerk or other
official of the city having charge of the assessment records, whereupon it
shall be entered in the records of the city and other records as provided in
ORS 224.090 and 224.100 and shall constitute the assessment against the
property. It shall bear interest from the date that other assessments for such
sewer or work bear interest and shall be enforced and collected in like manner
as the assessment is collected against other property which may have been assessed
for such sewer or other work. In case the judgment on appeal is for the same
amount as the assessment, no entries need be made of the transcript. [Amended
by 1967 c.280 §3]
     224.090
Assessment lien on property outside city limits; priority. No assessment
under ORS 224.040 against property beyond the limits of the city shall be a
lien on the property until a certified transcript of the assessment in so far
as it affects such property has been filed with the county clerk or other
person having custody and charge of the mortgage records of the county. From
the date of such filing the assessment shall be a lien and charge against the
property upon which it is imposed, prior and superior to all other liens and
encumbrances whatsoever thereon, except general taxes.
     224.100
Records and indexes of transcripts; effect of writ of review. The clerk or
officer referred to in ORS 224.090 shall record the transcript referred to in
that section in the mortgage records of the county and properly index it. The
issuance of a writ of review shall not prevent the recording and indexing of
such transcript, but upon final determination of the review a further
transcript shall be recorded showing the amount of the assessment. The second
transcript shall be indexed and recorded and the same shall, for the amount
specified therein, have the same force and effect as the first transcript would
have had. [Amended by 1967 c.280 §4; 1999 c.654 §24]
     224.110
Enforcing liens on property outside city limits. The city, through its
council, may collect and enforce or provide for collecting and enforcing
payment of liens created by virtue of ORS 224.090 or 224.100 by a sale of the
property in the same manner and with the same force and effect as is or may be
provided with respect to property within the city, or a proceeding in court to
foreclose such liens.
     224.120
Sale without foreclosure. In case of a sale without a foreclosure in court
a duplicate certificate of sale shall be made by the city official making the
sale and recorded with the county clerk or other officer having charge of
mortgage records of the county. In case of redemption or issuance of a deed
upon such certificate of sale a further certificate of such fact shall be made
by the proper city official and shall be recorded in the same manner. [Amended
by 1999 c.654 §25]
     224.130
Assessment of property in drainage district. Nothing contained in ORS
224.010 to 224.170 shall authorize the city to assess any property now included
in any drainage district organized under ORS 547.005 to 547.030 and beyond the
limits of the city unless the owner of such property or the officers of such
district consent thereto. However, if the owner of property in such district at
any time desires to connect with and utilize any sewer or drain constructed
pursuant to ORS 224.020, a just and equitable assessment may be made and
charged against the property owned by the owner and especially and peculiarly
benefited by such connection.
     224.140
Authority to control sewer system. A city, through its council, may enact
and enforce such ordinances and other provisions as may be necessary or
essential for the proper policing, protection, management and control of
sewers, ditches, canals and other works beyond the city limits and constructed
by the city under or by virtue of ORS 224.010 to 224.170. The city may
construct extensions, laterals and branches to such sewer system upon the terms
and provisions applicable to original construction.
     224.150
Federal aid. The city may negotiate and obtain from the federal government
financial aid in construction referred to in ORS 224.140 by a work relief
program, grant, loan or other means of like or different nature.
     224.160
Procurement of funds for construction. Pending the making of an assessment
for all or part of any construction referred to in ORS 224.140, the city may
make temporary loans or advances from the fund legally available under its
charter in order to procure the federal aid or perform such construction, or
both. Such loan shall be refunded from a local assessment when made and
collected. If the city is without adequate funds to make such temporary loan it
may from time to time borrow funds therefor and give its certificate of
indebtedness for the money so borrowed. This certificate shall be paid only
from funds collected from the local assessment authorized to be made for the
construction. The rate of interest upon the certificates of indebtedness shall
not exceed six percent per annum and no greater amount shall be borrowed than
the amounts necessary for the purposes of construction.
     224.170
Laws and charter provisions applicable to reassessments. The provisions of
the city charter applicable to curative measures or reassessments shall be
applicable to property without the city limits as well as to the property
within the city. The owners of property beyond the city limits shall have like
rights of objection, remonstrances, hearing and other remedies as the owners of
property within the city or town. The right of review of any reassessment by
the circuit court as provided by ORS 224.065 relative to an original
assessment, and the provisions of ORS 224.065, 224.080 and 224.100 relative to
review of an original assessment shall be applicable to review of a
reassessment. [Amended by 1967 c.280 §5]
     224.210
[Repealed by 1973 c.213 §9]
     224.220
[Amended by 1971 c.573 §1; repealed by 1973 c.213 §9]
     224.230
[Amended by 1967 c.427 §1; repealed by 1973 c.213 §9; amended by 1973 c.835
§162; amendment treated as reenactment, see 224.232]
CONSTRUCTION OF SEWER SYSTEM; BOND PLAN
     224.232
Bond election; Environmental Quality Commission order; court enforcement;
issuance of bonds without elector approval. (1) The governing body of the
municipality, by proposed charter amendment or ordinance, may refer the question
of acquiring and constructing the facilities to a vote of its electors, and
after approval thereof by a majority of such electors, may authorize the
issuance of and cause to be issued bonds of the municipality for such purposes.
The bonds may be general obligation, limited obligation or self-liquidating in
character in a sum not more than the amount authorized at such election. The
bonds may provide for payment of principal and interest thereon from service
charges to be imposed by the governing body for services to be extended through
employment and use of the facilities. If service charges are imposed to be paid
as provided in ORS 224.220 (1971 Replacement Part), such portion thereof as may
be deemed sufficient shall be set aside as a sinking fund for payment of
interest on the bonds and the principal thereof at maturity.
     (2) When the Environmental Quality Commission enters an order pursuant to ORS 468.090 that requires the acquisition or construction of facilities in a municipality for compliance, the governing body of the municipality must refer to its electors the question of a bond issue in an amount sufficient to finance the necessary acquisition or construction of such facilities. The election must be held within one year of the date on which the order of the commission becomes final.
     (3) If, within eight months after the final order of the commission becomes final, the governing body of the municipality has not called an election in compliance with subsection (2) of this section, the commission may apply to the circuit court of the county in which the municipality is located or to the circuit court of Marion County for an order compelling the holding of an election.
     (4)(a) If the electors do not approve the bond issue submitted pursuant to subsection (2) or (3) of this section, the commission may apply to the circuit court of the county in which the municipality is located or to the circuit court of Marion County for an order directing that:
     (A) Self-liquidating bonds of the municipality be issued and sold pursuant to ORS 224.210 to 224.260 (1971 Replacement Part); and
     (B) The proceeds be applied to the acquisition or construction of facilities required to comply with the order of the commission.
     (b) If the court finds that the facilities required by the order of the commission are necessary to the public health under the minimum standards of the commission, it shall issue an order directing that:
     (A) Such bonds be issued and sold without elector approval in such an amount as the court finds necessary to acquire or construct such facilities; and
     (B) The proceeds be applied for such purposes.
     (5) Any court proceeding authorized by subsection (3) or (4) of this section shall be advanced on the court docket for immediate hearing. [1973 c.835 §162 amending 224.230 treated as reenactment of 224.230 repealed by 1973 c.213 §9; 2005 c.22 §166]
     Note:
224.232 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 224 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
     224.240
[Amended by 1965 c.283 §1; repealed by 1973 c.213 §9]
     224.250
[Amended by 1967 c.293 §23; 1967 c.427 §2; repealed by 1973 c.213 §9]
     224.260
[Repealed by 1973 c.213 §9]
     224.270
Validation of bond issues. All proceedings and elections had prior to March
9, 1935, in cities of less than 100,000 population under ORS 224.232 and
224.270 are validated. All bonds voted prior to March 9, 1935, by any
municipality, as defined in ORS 224.210 (1971 Replacement Part), for a sanitary
disposal of sewage under ORS 224.210 to 224.260 (1971 Replacement Part) shall,
when issued and sold, be legal and binding obligations of the municipality if
the issuance of bonds for that purpose has been authorized and approved by a
majority vote of the electors voting on the question and regardless of whether
the question was submitted to the electors by the council or other governing
body by resolution, ordinance or by charter amendment. The governing body of
the municipality may, either before or after issuing the bonds, adopt plans,
specifications and estimates for a sanitary disposal of sewage with or without
following any previous plans, specifications, estimates or methods.
SEWER CONSTRUCTION IN CITIES OF 3,500 OR LESS
     224.310
Definitions for ORS 224.310 to 224.420. As used in ORS 224.310 to 224.420,
unless the context requires otherwise:
     (1) “Municipality” means a duly incorporated city or town having a population of not more than 3,500 inhabitants as determined from the latest official enumeration of inhabitants, either federal or state, made prior to the date of authorization of the construction and establishment by the municipality of a sewerage system or of an extension to an existing sewerage system.
     (2) “Sewerage system” means complete or primary sewage treatment and disposal facilities, sewer mains, pumping stations, and all equipment and appurtenances necessary, useful or convenient for the treatment or disposal of sewage, or any portion of such a system, whether within or without the corporate limits of a municipality. [Amended by 1953 c.287 §9; 1959 c.157 §4]
     224.320
Municipalities eligible for state help in financing sewer systems.
Municipalities that have been certified by the Environmental Quality Commission
as being in need of sewerage systems and that are unable to sell bonds upon the
public market, or are unable to obtain satisfactory offers for bonds upon such
market, for the purpose of financing the costs of construction thereof may apply
to the State Treasurer for the purpose of financing such costs under ORS
224.310 to 224.420. The Environmental Quality Commission shall furnish to the
State Treasurer in writing a list of the municipalities that are in the
greatest need of sewerage and sanitation facilities. [Amended by 1955 c.593 §1]
     224.330
Conditions precedent to financing application. A municipality shall not
apply to the State Treasurer for financing under ORS 224.320 unless:
     (1) It submits to the State Treasurer plans and specifications prepared by competent licensed engineers setting forth the type or character of sewer system or sewerage facilities proposed for the particular municipality and the estimated cost of the system and of the appurtenances thereto.
     (2) It submits to the State Treasurer the proposed plan of the municipality for liquidation of indebtedness to be incurred for financing the cost of such system or facilities. [Amended by 1953 c.287 §9]
     224.340
Bonds; form; interest; sale price. Notwithstanding the provisions of any
other Act or of any city charter, the bonds issued by municipalities pursuant
to ORS 224.350 and 224.370 shall bear such dates, be in such form, run for such
periods of time, bear such rates of interest, and be sold by the municipalities
at such prices as the State Treasurer may determine. [Amended by 1953 c.287 §9;
1955 c.593 §2; 1981 c.94 §12]
     224.350
General powers of the State Treasurer under ORS 224.310 to 224.420; rules.
(1) The State Treasurer shall be the sole judge as to whether state funds shall
be invested in the project and as to which undertakings shall first be
financed. The decision of the State Treasurer on the subject of investment and
priority shall be final.
     (2) The State Treasurer may enlist the technical services of any state officer or department in a study of the feasibility and cost of the sewerage project.
     (3) The State Treasurer, in the discretion of the State Treasurer, may purchase, with funds subject to investment by the State Treasurer, or with moneys from the revolving fund as provided in ORS 224.390, general obligation sewerage system bonds of any municipality including bonds issued under statutory or charter authority pursuant to applications to pay assessments in installments. To facilitate the construction of a sewerage system for a municipality, the state may purchase at current market prices with such funds the outstanding water system bonds of the municipality. After the purchase of such bonds, the State Treasurer may agree with the municipality as to allocation of the net revenues of the water system of the municipality to the payment of the principal of and the interest upon the water system bonds, and upon the sewerage system bonds of the municipality. If the State Treasurer deems it expedient in the acquisition and construction of a sewerage system for a municipality to furnish sewerage service for territory that is contiguous to a municipality, or for territory outside the municipality that, in the judgment of the State Treasurer, can conveniently be served by the sewerage system thereof, the state may purchase the sewerage system bonds of a sanitary district or districts comprising such territory, or any part thereof, provided the public indebtedness for all purposes within said sanitary district or districts shall not exceed 12-1/2 percent of the real market value of all taxable property therein.
     (4) The State Treasurer may authorize municipalities or sanitary districts, or both, to issue sewerage system bonds with the right reserved to them to redeem bonds at par value and accrued interest prior to the final maturity dates of the bonds.
     (5) The State Treasurer, in the discretion of the State Treasurer, may authorize deferment of payment of interest upon the sewerage bonds of the municipality or district for a period not exceeding three years, and may provide for the issuance of such bonds with graduated rates of interest.
     (6) The State Treasurer may adopt rules and regulations specifying the procedure to be followed by a municipality or sanitary district in availing itself of the provisions of ORS 224.310 to 224.420. [Amended by 1953 c.287 §9; 1967 c.293 §25; 1991 c.459 §352]
     224.360
[Amended by 1953 c.287 §9; 1955 c.593 §3; repealed by 1967 c.335 §60]
     224.370
Municipality not to assume further obligations. So long as any of the
sewerage bonds of the municipality or district are owned by the state, the
municipality or district shall not issue other bonds of any character without
prior written approval of the State Treasurer. [Amended by 1953 c.287 §9]
     224.380
Limitations on authority of State Treasurer to purchase bonds. The State
Treasurer may purchase sewerage bonds from a municipality or sanitary district
at private sale if the municipality or district does not receive any bids for
the bonds, or if bids received therefor are unsatisfactory. General obligation
sewer bonds or sewerage system bonds, other than those issued pursuant to
applications to pay assessments in installments, may be purchased by the State
Treasurer under the provisions of ORS 224.310 to 224.420 only if the revenues
of the sewerage system of the issuing municipality or district, or both, after
the payment of operation and maintenance expenses, are pledged wholly to the
payment of the principal of and the interest upon the said bonds, and the
municipality and the sanitary district, if any, served by the sewerage system
of a municipality covenant to levy ad valorem taxes upon all of the taxable
property within their corporate limits to meet deficiencies in such revenues
for such purposes, and only if the combined indebtedness for all public
purposes, other than state or federal, within the boundaries of the
municipality, including the proposed sewerage system indebtedness, but
excluding obligations issued for other utilities that are self-supporting or
self-liquidating or are approximately so, does not exceed 12-1/2 percent of the
real market value of all property that is by law assessable for state and
county purposes within the limits of the municipality. Notwithstanding that such
revenues may have been pledged to the payment of the principal of and the
interest upon a particular issue of general obligation bonds owned by the
state, the same revenues, with the approval of the State Treasurer, may be
pledged to the payment of the principal of and the interest on additional
issues of such bonds purchased by the state from the municipality or district.
The additional issues shall be on a parity with previous issues as to the
pledge of such revenues for such purposes. Municipalities may provide that
receipts from the payment of assessments levied under authority of chapter 593,
Oregon Laws 1955, and the interest thereon shall be applied to payment of the
principal of and the interest upon their general sewerage system bonds issued
under authority of chapter 593, Oregon Laws 1955, rather than issue Bancroft or
assessment bonds pursuant to such assessments. In order to complete the
financing of a sewerage system, the State Treasurer may purchase issues of
general obligation sewerage system bonds of municipalities or sanitary
districts, payable only from ad valorem property taxes, provided the issues do
not exceed the debt limits specified in this section. If, in addition to the
net revenues of the sewerage system of the issuing municipality, the net
revenues of the municipality-owned water system of the municipality that may
become available in not more than five years from the issue date of the
sewerage system bonds also are pledged to the said bonds, and the municipality
further covenants to levy ad valorem taxes upon all the taxable property within
its corporate limits to meet deficiencies in sewerage system and water system
revenues for such purposes, the sewerage system bonds of the municipality may
be purchased by the State Treasurer, provided the combined indebtedness for all
purposes within the boundaries of the municipality, including the proposed
sewerage system indebtedness, but excluding obligations issued for other
utilities that are self-supporting or self-liquidating or are approximately so,
does not exceed 15-3/8 percent of the real market value of the property within
the limits of the municipality. This limitation shall include the ratios of
indebtedness to real market value of other subdivisions that overlap the
municipality to an extent of more that 12-1/2 percent of the real market value
of all the taxable property of the municipality. [Amended by 1953 c.287 §9;
1955 c.593 §4; 1967 c.293 §26; 1991 c.459 §353]
     224.390
State Sewer Bond Revolving Fund. The State Sewer Bond Revolving Fund is
created for investment under authority of ORS 224.310 to 224.420 and for
payment of costs of the State Treasurer in carrying out the provisions of those
sections. The State Treasurer may engage such assistance and incur such
expenses as may be necessary for that purpose. The earnings of the revolving
fund shall accrue to the General Fund, and the amounts received in payment of
the principal of investments thereof shall be credited to the General Fund, to
be available for the payment of general governmental expenses. [Amended by 1963
c.341 §3]
     224.400
Control of State Treasurer over rates, collection of charges and delinquent
assessments; budget approval. (1) Each municipality financing the cost of a
sewerage system under authority of ORS 224.310 to 224.420 shall submit to the
State Treasurer for approval a schedule of its rates and proposed method of
collection of its sewerage charges. The rates shall be such as, in the judgment
of the State Treasurer, shall provide sufficient funds with other revenues, if
any, and ad valorem property taxes to liquidate, during the period approved by
the State Treasurer, the indebtedness incurred by the municipality to defray
the cost of the sewerage system and its appurtenances. Should the rates prove
to be insufficient for such purpose, the State Treasurer may direct the
municipality to increase the rates to the point at which the sewerage project
becomes self-liquidating, and the municipality shall establish forthwith the
rates prescribed by the State Treasurer.
     (2) If the municipality does not have the ability to collect sewerage charges in connection with or as part of the charge for another service or utility that can be curtailed to secure collection, and if the State Treasurer so directs, delinquent assessments for sewerage charges shall be certified to the assessor of the county in which the municipality is located and shall be entered upon the tax rolls of the county and be collected and accounted for in the same manner in which city taxes are collected and accounted for. The charges shall constitute liens against the real property of the person against whom they are assessed.
     (3) If required by the State Treasurer, the municipality shall obtain from the State Treasurer approval of the annual budgets and tax levies of the municipality, before they are certified to the clerk and assessor of the county in which the municipality is located, for extension upon the county tax rolls. [Amended by 1955 c.593 §5; 1991 c.459 §353a]
     224.410
Authority to appoint receiver and withhold earmarked moneys on default. If
any municipality fails to meet, when due, any obligation sold to the state
under authority of ORS 224.310 to 224.420, the State Treasurer, with the
approval of the circuit court of the county in which the major portion of the
assessed valuation of the municipality is located, may appoint a receiver to
operate the system. The receiver shall act in the capacity of receiver so long
as the circuit court deems receivership necessary to protect the interests of
the state and of the municipality. In order to insure prompt payment of
interest or principal of bonds acquired by the State Treasurer pursuant to ORS
224.380, the State Treasurer may withhold and apply to the payment of such
obligations, any moneys which may accrue to the municipality from state
sources. Moneys so withheld shall be repaid to the municipality when the funds
with which to meet the obligations for the payment of which funds were withheld
are paid by the municipality to the state. The right to withhold said moneys
for the purpose provided in this section shall exist only so long as any of the
sewage bonds of the municipality are owned by the state.
     224.420
Duty of local treasurer to keep funds separate and withhold bond payments;
liability of treasurer. The treasurer of each municipality and of each
sanitary district that finances the cost of a sewerage system or facilities
under authority of ORS 224.310 to 224.420 shall keep collections or assessments
for sewerage service separate and distinct from other funds of the municipality
and shall withhold from tax receipts not less often than quarterly the full
amounts proportionate to the elapsed portion of the tax year that have been
levied for the payment of interest on and the principal of the sewerage system
bonds of the city or sanitary district. For failure to account for sewerage
revenues and taxes as provided in this section, such treasurers shall be liable
upon their official bonds. [Amended by 1953 c.287 §9]
     224.450
Validation of revenue bonds issued by cities of less than 100,000; sale of
bonds to the federal government. All bonds or other obligations issued
prior to November 15, 1936, by any city or town of less than 100,000
population, for the purpose of financing in whole or in part the construction,
enlargement, extension, repair or improvement of a sewer system, including a
sewage treatment or disposal plant and all facilities appurtenant to such
system or connected therewith, where such bonds or other obligations are
payable or will be payable solely from the gross or net revenues of such sewer
system or any part thereof, including the revenues of improvements, additions
and extensions thereto which may thereafter be constructed or acquired, as well
as the revenues of the existing sewer systems, plants or properties, if any, so
enlarged, extended, repaired or improved, and all proceedings for the
authorization and issuance of such bonds or other obligations and the sale,
execution and delivery thereof, hereby are validated, ratified, approved,
authorized and confirmed, notwithstanding that the amount of such bonds or
other obligations, together with the amount of bonds or other obligations of
such city or town outstanding at the time of the issuance thereof, exceeds or
will exceed any limitation or restriction on the amount or percentage of
indebtedness or of outstanding bonds or other obligations of such city or town
contained in the charter of such city or town or in any general or special law,
and notwithstanding any defects or irregularities in such proceedings, and
without regard to the fact that such bonds or other obligations may have been
issued pursuant to the charter of such city or town or pursuant to any general
or special law. Notwithstanding any provision in such proceedings that such
bonds or other obligations shall be issued in manner and form satisfactory to
the Reconstruction Finance Corporation, or that such bonds or other obligations
shall be sold to the Reconstruction Finance Corporation, such bonds or other
obligations may be sold to the United States of America, through the
appropriate federal officer, agency or instrumentality in manner and form
satisfactory to such officer, agency or instrumentality. The bonds or other
obligations issued and sold prior to November 15, 1936, are the binding and
legal obligations of the city or town issuing them in the actual form in which
those bonds and obligations have been issued.
SEWAGE CHARGE ON WATER USERS
     224.510
Sewage charge on water users. (1) Unless prohibited by its charter, a city
may impose on the users of water a sewage charge which shall be billed and
collected by the city. The proceeds of the sewage charge may be used for
paying, in whole or in part, the cost of planning, constructing or operating a
sewage disposal system.
     (2) The sewage charge shall be established and the rate fixed by the city’s governing body. [1957 c.400 §1]
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