2007 Oregon Code - Chapter 451 :: Chapter 451 - County Service Facilities
Chapter 451 —
2007 EDITION
COUNTY SERVICE FACILITIES
PUBLIC HEALTH AND SAFETY
GENERAL PROVISIONS
451.010Â Â Â Â Facilities
and services counties may provide by service districts
MASTER PLANS
451.110Â Â Â Â Definitions
for ORS 451.110 to 451.140
451.120Â Â Â Â Master
plans for development of service facilities
451.130Â Â Â Â Conformity
to master plan; approval
451.140Â Â Â Â Powers
of county court under ORS 451.110 to 451.140
SERVICE DISTRICTS
451.410Â Â Â Â Definitions
for ORS 451.410 to 451.610
451.420Â Â Â Â District
may construct and operate service facilities
451.435Â Â Â Â Law
governing district formation or change
451.440Â Â Â Â Plans
for service facilities
451.445Â Â Â Â Formation
of district upon finding of health hazard; financing
451.472Â Â Â Â District
to construct only authorized service facilities; additional authorizations;
requirements for provision of drainage works
451.485Â Â Â Â Governing
body of district; order preliminary to construction work
451.487Â Â Â Â Referendum
on order; election; results
451.490Â Â Â Â Methods
of financing service facilities
451.492Â Â Â Â Financing
portion of connection charges; lien
451.495Â Â Â Â Ordinance
governing certain assessments
451.500Â Â Â Â Charges
and fees for financing service facilities
451.510Â Â Â Â Collection
of service charges
451.520Â Â Â Â Assessments
to be entered on lien docket; foreclosure for failure to pay; reassessments
451.540Â Â Â Â Tax
levy for financing service facilities; hearing
451.542Â Â Â Â Filing
boundary change with county assessor and Department of Revenue
451.545Â Â Â Â Bond
issue for financing service facilities
451.547Â Â Â Â Tax
levies authorized
451.550Â Â Â Â Powers
of district under ORS 451.410 to 451.610
451.555Â Â Â Â Districts
formed to provide comprehensive planning services; adoption of land use plans;
advisory committees
451.560Â Â Â Â Agreements
for cooperative financing of service facilities or for use, lease or joint
operation of service facilities
451.568Â Â Â Â Public
transportation facilities and services of district exempt from certain
regulations
451.570Â Â Â Â Regulations
for sewage disposal, solid waste disposal, street cleaning and other authorized
purposes
451.572Â Â Â Â Certain
special districts excluded from water supply county service districts
451.573Â Â Â Â Definitions
for ORS 451.573 to 451.577
451.575Â Â Â Â Excluding
or including special districts from or in county service districts
451.577Â Â Â Â Dissolution
of special district; service district to succeed
451.580Â Â Â Â Disposition
of moneys received under ORS 451.410 to 451.610
451.585Â Â Â Â Duty
of city when all or part of district annexed or incorporated
451.590Â Â Â Â Entry
upon privately owned lands to survey or lay out service facilities
451.600Â Â Â Â Restrictions
on altering, repairing or connecting with a service facility
451.605Â Â Â Â Formation
of district for emergency reporting system
451.610Â Â Â Â Advisory
committee for emergency reporting
451.620Â Â Â Â Procedures
for district formed subject to dissolution
PENALTIES
451.990Â Â Â Â Penalties
GENERAL PROVISIONS
     451.010
Facilities and services counties may provide by service districts. (1) Master plans and service districts may
be established as provided by this chapter regarding:
     (a) Sewage works, including all facilities
necessary for collecting, pumping, treating and disposing of sanitary or storm
sewage.
     (b) Drainage works, including all
facilities necessary for collecting, pumping and disposing of storm and surface
water.
     (c) Street lighting works, including all
facilities necessary for the lighting of streets and highways.
     (d) Public parks and recreation
facilities, including land, structures, equipment, supplies and personnel
necessary to acquire, develop and maintain such public park and recreation
facilities and to administer a program of supervised recreation services.
     (e) Diking and flood control works,
including all facilities necessary for diking and control of watercourses.
     (f) Water supply works and service,
including all facilities necessary for tapping natural sources of domestic and
industrial water, treating and protecting the quality of the water and
transmitting it to the point of sale to any person, city, domestic water supply
corporation or other public or private agency for domestic, municipal and
industrial water supply service.
     (g) Solid waste disposal. This paragraph
does not apply in Clackamas, Multnomah and
     (h) Public transportation, including
public depots, public parking and the motor vehicles and other equipment
necessary for the transportation of persons together with their personal
property.
     (i) Agricultural educational extension
services.
     (j) Emergency medical services, including
ambulance services.
     (k) Library services.
     (L) Roads.
     (m) Emergency communications services,
including a 9-1-1 emergency reporting system established under ORS 401.720.
     (n) Law enforcement services.
     (o) Human services.
     (p) Cemetery maintenance.
     (q) Animal control.
     (2) Within the geographical jurisdiction
of any local government boundary commission established by or pursuant to ORS
199.410 to 199.519, in addition to the purposes described in subsection (1) of
this section, master plans and service districts may be established as provided
by this chapter regarding:
     (a) Fire prevention and protection.
     (b) Hospital and ambulance services.
     (c) Vector control.
     (d) Weather modification.
     (3) Within the boundaries of any
subdivision, service districts may be established as provided by this chapter
regarding:
     (a) Fire prevention and protection.
     (b) Security services provided by contract
with an association of homeowners whose property is located entirely within the
boundaries of the service district, which services may include the enforcement
of the rules or regulations of the association dealing with public access to or
the use of the property of the association, routine patrolling and inspection
of private areas located within the jurisdiction of the association and matters
of traffic and safety within such areas.
     (c) Law enforcement services.
     (d) Hospital and ambulance services.
     (e) Vector control.
     (f) Activities set forth in subsection
(1)(a), (f), (g), (j) and (m) of this section.
     (4) As used in subsection (3) of this
section, “subdivision” means a subdivision as defined by ORS 92.010 or any
contiguous group of such subdivisions that:
     (a) Is a planned community within the
meaning of ORS 94.550 without regard to whether such subdivision or group of
subdivisions is subject to ORS 94.550 to 94.783;
     (b) Is located entirely within an
unincorporated area and is everywhere separated by a distance of five miles or
more from an urban growth boundary described in an acknowledged comprehensive
plan of a city or the urban growth boundary adopted by a metropolitan service
district under ORS 268.390 (3); and
     (c) Prior to the establishment of a
service district under subsection (3) of this section, is designated a
subdivision for purposes of this subsection by the governing body of the county
in which the subdivision or group of subdivisions is located.
     (5) Within the boundaries of
     (a) Planning for and provision of two or
more services or facilities such as sewage works, drainage works, surface water
management, endangered species recovery management, water quality management,
diking and flood control works, river flow management, water supply works,
wastewater reuse and irrigation facilities.
     (b) Activities ancillary to the services
and facilities listed in paragraph (a) of this subsection, including facilities
for the production, sale or purchase of energy when such facilities are
integrated in a master plan adopted under ORS 451.120. [1963 c.515 §2; 1965
c.246 §1; 1967 c.538 §1; 1971 c.674 §1; 1971 c.687 §1; 1973 c.211 §1; 1973
c.785 §1; 1975 c.630 §1; 1977 c.60 §1; 1977 c.287 §1; 1979 c.221 §1; 1985 c.472
§1; 1987 c.525 §1; 1989 c.668 §1; 1989 c.793 §24; 1995 c.303 §2; 1999 c.166 §1;
1999 c.677 §66; 1999 c.759 §1; 2005 c.101 §1; 2005 c.510 §1]
MASTER PLANS
     451.110
Definitions for ORS 451.110 to 451.140. As used in ORS 451.110 to 451.140, unless the context indicates
otherwise:
     (1) “County court” includes the board of
county commissioners.
     (2) “Service facilities” means public
service installations, works or services provided within a county for any or
all of the purposes specified in ORS 451.010. [1955 c.509 §1; 1963 c.515 §3;
1967 c.249 §1; 1973 c.785 §2]
     451.120
Master plans for development of service facilities. (1) The county court of any county may, for
the protection of the health, safety and general welfare, prepare and adopt
coordinated master plans for the development of service facilities:
     (a) To serve unincorporated areas in the
county; and
     (b) For a service district established under
ORS 451.410 to 451.600 and for which the county court serves as governing body,
to serve all areas within or served by the district.
     (2) Master plans adopted under this
section shall be coordinated with the comprehensive plans of the affected
cities and counties. [1955 c.509 §2; 1961 c.576 §1; 1963 c.515 §4; 1973 c.785 §3;
1989 c.429 §1]
     451.130
Conformity to master plan; approval. After a coordinated master plan has been adopted under ORS 451.120,
the county court may enforce such plan by requiring that plans for the
installation or operation of service facilities in areas under county
jurisdiction outside the boundaries of cities or in areas within or served by a
service district be submitted to the county court for approval, and that such
installation or operation shall conform to the master plan. [1955 c.509 §3;
1961 c.576 §2; 1963 c.515 §5; 1969 c.646 §1; 1989 c.429 §2]
     451.140
Powers of county court under ORS 451.110 to 451.140. In carrying out the powers granted to the
county court under ORS 451.110 to 451.140, the county court may:
     (1) Conduct such surveys and
investigations as may be necessary to develop coordinated master plans as
provided in ORS 451.120.
     (2) Provide for the administration and
enforcement of such master plans by engineering analysis, inspection or other
appropriate means.
     (3) Enter into contracts or agreements
with cities, other counties or county service districts for public
transportation, the federal government, state agencies, the special districts
enumerated in ORS 451.573 or any person or private corporation for a period not
to exceed 30 years for the cooperative financing of the preparation and
enforcement of coordinated master plans as provided in ORS 451.120 and 451.130.
     (4) Levy and collect taxes for the purpose
of providing funds to prepare and enforce coordinated master plans as provided
in ORS 451.120 and 451.130.
     (5) Expend funds for such surveys,
investigations and studies as may be necessary for the preparation and
enforcement of such master plans. [1955 c.509 §4; 1961 c.576 §3; 1963 c.515 §6;
1973 c.211 §2; 1973 c.785 §4]
SERVICE
DISTRICTS
     451.410
Definitions for ORS 451.410 to 451.610. As used in ORS 451.410 to 451.610, unless the context indicates
otherwise:
     (1) “Change of organization” has the meaning
given that term in ORS 198.705.
     (2) “County” has the meaning given that
term in ORS 198.705.
     (3) “County court” includes the board of
county commissioners.
     (4) “District” means a county service
district established under ORS 451.410 to 451.610 to provide service facilities
in a county or counties.
     (5) “Formation” has the meaning given that
term in ORS 198.705.
     (6) “Owner” means the record owner of real
property or the holder of a duly recorded contract for purchase of real
property within the district.
     (7) “Service facilities” means public
service installations, works or services provided within a county or counties
for any or all of the purposes specified in ORS 451.010. [1955 c.685 §1; 1961
c.576 §4; 1963 c.515 §7; 1967 c.538 §2; 1973 c.785 §5; 1975 c.630 §2; 2003 c.14
§274; 2003 c.802 §123]
     451.420
District may construct and operate service facilities. When authorized as provided in ORS 451.410
to 451.610 a district may construct, maintain and operate any or all of the
service facilities specified in ORS 451.010. [1955 c.685 §2; 1963 c.515 §8;
1973 c.785 §6]
     451.430 [1955 c.685 §3; 1961 c.576 §5; 1963 c.515 §9;
1967 c.249 §2; 1969 c.646 §2; 1971 c.291 §4; 1971 c.727 §129; repealed by 1973
c.785 §32]
     451.435
Law governing district formation or change. (1) All district formation and change of organization proceedings
shall be initiated, conducted and completed as provided by ORS 198.705 to
198.955. Except for an order allowing an existing district established to
provide sewage works to also provide drainage works, no county or portion
thereof shall be included within a district which is to provide services in
more than one county without the consent of the governing body of the affected
county.
     (2) In the case of sewage works, upon
certification to the county court by the Environmental Quality Commission or
the county health officer that an emergency exists the county court shall
initiate the formation of a district in the manner specified in ORS 198.835, or
annexation to an existing district in the manner specified in ORS 198.850 (3),
whichever is most appropriate.
     (3) A petition or order initiating the
formation or change or organization of a district shall, in addition to the
requirement specified by ORS 198.705 to 198.955, state which of the service
facilities specified by ORS 451.010 the district shall be authorized to
construct, maintain and operate.
     (4) A final order in a formation or change
of organization proceeding of a district shall, in addition to the requirements
specified by ORS 198.705 to 198.955, state which of the service facilities
specified by ORS 451.010 the district shall be authorized to construct,
maintain and operate. [1973 c.785 §8; 1975 c.630 §3; 1989 c.374 §3]
     451.440
Plans for service facilities.
(1) Prior to initiation of the formation of a district, the county court may
cause engineering and program plans to be prepared. The plans may include:
     (a) Preliminary plans for the service
facilities to be constructed or provided.
     (b) Estimated costs of construction, maintenance
and operation.
     (c) Recommendations as to boundaries of
the district.
     (d) Recommendations as to use of any
portion of the proposed service facilities for areas in the county outside the
district at some future date and the portion of the cost of such works which
should be borne by such areas when use is made of any portion of the
facilities.
     (e) Recommendations as to the extent to
which the proposed service facilities may be integrated into other service
facilities constructed or being constructed by other districts under ORS
451.410 to 451.610 or by other public agencies and the fair and equitable
amount of the cost of construction of such other facilities the district should
bear.
     (2) If a district is formed or granted
authority to provide additional types of service facilities, the county court
may require the district to reimburse the county for the cost of engineering
and program plans prepared in accordance with this section. [1955 c.685 §4;
1961 c.576 §6; 1963 c.515 §10; 1971 c.291 §5; 1971 c.727 §130; 1973 c.785 §9;
1989 c.374 §4]
     451.445
Formation of district upon finding of health hazard; financing. (1) When certified copy of the findings of
the Director of Human Services is filed with the county court as provided by
ORS 431.740 or 431.750, the county court shall, subject to ORS 198.792, proceed
to form the district to provide the facilities described in the findings and
shall enter an order in accordance with ORS 451.485.
     (2) The county court shall, within one
year after making its order under ORS 451.485, prepare plans and specifications
for the service facilities proposed to be provided within the district and
proceed in accordance with the time schedule to construct or install the
facilities.
     (3) Notwithstanding the provisions of ORS 451.487,
the order of the county court under ORS 451.485 is not subject to referendum if
it is adopted in accordance with subsection (1) of this section and as a result
of proceedings conducted under ORS 431.705 to 431.760.
     (4) Notwithstanding ORS 451.495, when
service facilities are to be constructed for the purpose of removing or
alleviating a danger to public health and as a result of proceedings conducted
by ORS 431.705 to 431.760, if any portion of the cost of the service facilities
is to be assessed against the property directly benefited, ORS 451.495 (1)(c)
does not apply to the general ordinance providing for the method of assessment
which must be adopted under ORS 451.495. [1973 c.361 §18; 1981 c.452 §3]
     451.450 [1955 c.685 §5; 1961 c.576 §7; 1963 c.515 §11;
repealed by 1971 c.727 §203]
     451.460 [1955 c.685 §6; 1963 c.515 §12; repealed by
1971 c.727 §203]
     451.462 [1963 c.515 §12b; 1969 c.646 §3; repealed by
1971 c.727 §203]
     451.465 [1961 c.576 §§9,11,12,13; 1963 c.515 §12c;
repealed by 1971 c.727 §191]
     451.467 [1961 c.576 §10; 1963 c.515 §13; 1969 c.646 §4;
1971 c.727 §132; repealed by 1973 c.785 §32]
     451.469 [1969 c.646 §6; repealed by 1971 c.647 §149]
     451.470 [1955 c.685 §7; repealed by 1961 c.576 §24]
     451.472
District to construct only authorized service facilities; additional
authorizations; requirements for provision of drainage works. (1) A district may construct, maintain and
operate only those service facilities specified by ORS 451.010 that were
authorized upon formation of the district. However, additional authority
regarding service facilities may be given to a district by a proceeding
initiated, conducted and completed in the same manner as is provided for in the
original formation of a district or as otherwise provided by law.
     (2) A district may be formed, as provided
in ORS 451.410 to 451.610, that contains territory that is also included in
another district formed under ORS 451.410 to 451.610 if the district is formed
to construct, maintain and operate service facilities that the existing
district is not authorized to construct, maintain and operate.
     (3) The consent of not less than 70
percent of the cities located within the boundaries of the district is required
to authorize a district established to provide sewage works to also provide
drainage works. [1963 c.515 §13b; 1969 c.646 §7; 1971 c.727 §133; 1973 c.785 §10;
1989 c.374 §5; 2005 c.510 §2]
     451.476 [1963 c.515 §13c; repealed by 1969 c.646 §18]
     451.480 [1955 c.685 §8; repealed by 1961 c.576 §24]
     451.485
Governing body of district; order preliminary to construction work. The county court shall be the governing body
of a county service district established under ORS 451.410 to 451.610. A
district shall be known by the name or number specified in the order declaring
its formation and by that name shall exercise and carry out the powers and
duties conferred and declared in this chapter. Before proceeding to construct
or provide any service facilities authorized by this chapter, the governing
body of the district shall make an order:
     (1) Determining the service facilities to
be constructed, maintained and operated and the part of the work to be
undertaken immediately.
     (2) Determining the manner of financing
the construction, maintenance and operation of the service facilities.
     (3) Determining the method by which the
district shall bear the share of the cost of construction of the service
facilities that is to be apportioned to the district.
     (4) Where it appears that any service
facilities to be constructed will provide service to areas outside the district
at some future date, determining the equitable and fair share of the cost of
construction of such facilities that should be borne by such areas, which share
shall be borne by the revolving fund established under ORS 451.540, by funds
obtained by the county under ORS 280.055 or by any other method of financing
described by ORS 451.490 until such areas are served by the facilities.
     (5) Where the service facilities of the
district are to be integrated into other service facilities constructed or
being constructed by another district or by other public bodies as defined in
ORS 174.109, determining the fair and equitable amount the district should
assume as its share of the construction of such other service facilities, which
amount shall be paid to the other district or public body upon terms and
conditions to which the governing body of the district has agreed.
     (6) In the case of sewage works, where
trunk or interceptor sewers, treatment plants and similar facilities are to be
charged to all property within the district while lateral sewers, street mains
and similar facilities are to be charged only to property to be served
immediately by the system, determining the fair and equitable share of the
total cost to be charged to areas within the district.
     (7) If any of the cost of the work is to
be assessed against benefited property, describing portions of the district, if
any, within which service facilities will not be financed by assessment. [1961
c.576 §14; 1963 c.515 §14; 1969 c.646 §8; 1973 c.785 §11; 1981 c.570 §1; 2003
c.802 §124]
     451.487
Referendum on order; election; results. (1) The order required by ORS 451.485 and any order which amends that
order shall be subject to referendum vote within the district, notwithstanding
the prior authorization of such service facilities by election during formation
proceedings. The referendum may be ordered by resolution of the governing body
of the district, or by petition filed as provided in this section.
     (2) The requirements for preparing,
circulating and filing a referendum petition under this section shall be as
provided in ORS 255.135 to 255.205, except that notwithstanding ORS 255.165,
the petition must be submitted not later than the 60th day after the date of
the order.
     (3) If a majority of those voting approve
the order required by ORS 451.485, the governing body of the district shall so
declare by order entered in its journal. If a majority of those voting
disapprove the order, the results shall be entered in the journal. [1963 c.515 §14a;
1971 c.647 §103; 1973 c.785 §12; 1973 c.796 §66a; 1975 c.647 §42; 1981 c.570 §2;
1983 c.350 §274]
     451.490
Methods of financing service facilities. The district may, in accordance with the order adopted under ORS
451.485, finance the construction, operation or maintenance of service
facilities for a district by:
     (1) Use of funds from a fund established
under ORS 280.055 or 451.540 to be repaid by the district without interest.
     (2) Assessments against the property in
the district with or without issuance of bonds authorized under ORS 223.205,
223.210 to 223.295 and 223.770.
     (3) Service or user charges in the
district.
     (4) Connection charges.
     (5) District ad valorem taxes.
     (6)
     (7) Funds obtained under ORS 280.040,
280.050, 280.060, 280.070, 280.080 and 280.090. A district local option tax
adopted under ORS 280.060 shall not authorize a tax in any fiscal year later
than the fiscal year in which the district is subject to dissolution under ORS
451.620 (1) and (2).
     (8) Any combination of the provisions of
subsections (1) to (7) of this section. [1955 c.685 §9; 1961 c.576 §15; 1963
c.515 §15; 1969 c.646 §9; 1973 c.785 §13; 1987 c.504 §12; 1995 c.333 §24; 1999
c.21 §75]
     451.492
Financing portion of connection charges; lien. (1) Subject to subsection (2) of this
section, the rights and duties accorded a city and the owners of property in a
city for financing assessments under ORS 223.205 and 223.210 to 223.295 shall
apply in the same manner to districts for purposes of financing that portion of
a connection charge imposed by a district which is greater than the amount
necessary to reimburse the district for its costs of inspection and installing
connections with the sanitary sewer mains of the district.
     (2) Notwithstanding ORS 223.230, the
financing of connection charges under this section may, at the option of the
governing body of the district, be a second lien on real property, which lien
shall be inferior only to the mortgage or other security interest held by the lender
of the ownerÂ’s purchase money. Bonds issued under this section shall be issued
separately from bonds otherwise issued under ORS 223.205 and 223.210 to
223.295. [1985 c.417 §3; 1995 c.333 §25]
     451.495
Ordinance governing certain assessments. (1) If the cost, or any portion of the cost, of service facilities for
a district is to be assessed under ORS 451.490 against the property directly
benefited, the governing body of the district shall, before attempting to
implement the service facilities, adopt a general ordinance providing for the
method of assessment. The ordinance shall:
     (a) Contain provision for notice to
affected property owners of intention to implement described service facilities
and to assess benefited property for a part or all of the cost.
     (b) Provide for a hearing at which
affected property owners may appear to object to the implementation of the
proposed service facilities.
     (c) Provide that if the district receives
written objections prior to the conclusion of the hearing signed by more than
50 percent of the affected property owners representing more than 50 percent of
the affected property the proposed service facilities will not be implemented.
     (d) Provide for notice of and a hearing on
proposed assessments which notice and hearing may be combined with the notice
and hearing described in paragraphs (a) and (b) of this subsection.
     (e) Provide for the general method of
assessing the property directly benefited and of the recording of liens against
the property directly benefited, and of making supplementary assessments and
rebates.
     (f) Provide for establishing the
boundaries of each assessment district as work is proposed.
     (2) Assessments in the district shall, so
far as practicable, be apportioned within the district in accordance with the
special and peculiar benefit each lot or parcel of land receives from the
service facilities.
     (3) Where parcels of land, or portions
thereof, are undeveloped, the governing body of the district may, in its
discretion, defer assessing or imposing all or any portion of such assessments
on such parcels until such parcels are served by the facilities. [1973 c.785 §15;
1981 c.570 §3]
     451.500
Charges and fees for financing service facilities. The district may by order or by ordinance,
for the purpose of paying the costs of operation and maintenance of service
facilities, and for the repayment of bonds, impose user charges on property
served by the service facilities. The district may, from time to time when
necessary, use moneys from the revolving fund for such maintenance and
operation on a reimbursable basis. User charges, connection fees or service
charges shall be based upon the costs of operation, maintenance and supervision
of service facilities and the costs of bond repayment. [1955 c.685 §10; 1969
c.646 §10; 1973 c.785 §16]
     451.510
Collection of service charges.
(1) The district may contract with any city or water or other district serving
water in the district to collect service or user charges with the water bills,
and the serving agency may cut off water for nonpayment of such service or user
charges. The district may pay the water-serving agency a reasonable charge for
such collection services.
     (2) Assessments of less than $25 and
service or user charges may also be collected and enforced as provided in ORS
454.225. [1955 c.685 §11; 1969 c.646 §11; 1973 c.785 §17; 1983 c.740 §175]
     451.520
Assessments to be entered on lien docket; foreclosure for failure to pay;
reassessments. (1) When
assessments are made under ORS 451.410 to 451.610 they shall be entered in a
permanent lien docket which shall be kept in the office of the county clerk of
the county. The docket shall show the amount of each lien, property against
which it has been assessed, the owner thereof and such additional information
as is required to keep a permanent and complete record of the assessment and
the payments thereon.
     (2) If the owner of the property against
which an assessment has been made fails to pay the assessment, or any portion
thereof, or the interest thereon, when due, the district may proceed to
foreclose the lien in any manner provided by law for the collection of liens by
local governments as defined in ORS 174.116 or may provide by ordinance a
general procedure for the collection of such liens in any manner not
inconsistent with law.
     (3) The provisions of ORS 223.405 to
223.485 relating to reassessment shall be available to the district, where
applicable, in connection with assessments made under ORS 451.410 to 451.610.
     (4) In addition to the procedure provided
by subsections (1), (2) and (3) of this section, the provisions of ORS 372.170
and 372.180 shall be available to the district, where applicable, in connection
with assessments made under ORS 451.410 to 451.610. [1955 c.685 §12; 1963 c.515
§16; 1973 c.622 §1; 1973 c.785 §18; 2003 c.802 §125]
     451.530 [1955 c.685 §13; 1961 c.576 §16; 1963 c.515 §17;
1965 c.227 §2; 1971 c.325 §4; 1973 c.785 §19; repealed by 1995 c.333 §37]
     451.540
Tax levy for financing service facilities; hearing. (1) The county court may, for the purpose of
establishing a revolving fund to provide money to finance the construction
under ORS 451.410 to 451.585 of those service facilities in the county that may
be necessary and in implementation of the master plans provided for in ORS 451.120,
levy an ad valorem tax of not to exceed 50 cents per year, for a period not to
exceed five years, for each $1,000 of real market value of taxable property
within all areas of the county, to be served by the facilities included in the
master plan. The revenues derived from the taxes shall be deposited with the
county treasurer and credited to the revolving fund. Moneys in the revolving
fund shall be disbursed by the county treasurer on order of the county court
and used solely for the purposes authorized in ORS 451.410 to 451.610.
     (2) The boundaries of the territory within
which the tax authorized by subsection (1) of this section may be levied shall
be determined by the county court after a public hearing. The county court
shall direct the county clerk to publish notice of such hearing once a week for
two successive weeks prior to the hearing in a newspaper of general circulation
published within the proposed boundaries of the territory or, if there is no
such newspaper, in a newspaper of general circulation in the county. Any
elector or any owner of property within the territory may appear at the hearing
to protest inclusion of the property of the voter within the territory, but the
county court shall not exclude land which, in its judgment, will be served by
the facilities included in the master plan. [1955 c.685 §14; 1961 c.576 §17;
1963 c.515 §18; 1967 c.538 §5; 1981 c.804 §103; 1991 c.459 §405]
     451.542
Filing boundary change with county assessor and Department of Revenue. For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225. [2001 c.138 §34]
     Note: 451.542 was added to and made a part of
451.410 to 451.610 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     451.545
Bond issue for financing service facilities. (1) The district may, when authorized by a majority of the votes cast
at an election by electors of the district, issue general obligation bonds for
the purpose of paying the cost of acquisition or construction of service
facilities. Each issue of general obligation bonds shall be the general
obligation of the district and the principal and interest on the bonds shall be
paid by the district by assessments, charges, or ad valorem taxes imposed or
levied within the district as may be determined by the governing body of the
district under ORS 451.490. Bonds authorized by this section shall be issued in
accordance with ORS chapter 287A, except as otherwise provided in this section.
     (2) In addition to the authority to issue
general obligation bonds, the district, when authorized at any properly called
election, shall have the power to sell and dispose of revenue bonds, and to
pledge as security for the bonds all or any part of the unobligated net revenue
of the district to purchase, acquire, lay out, construct, reconstruct, extend,
enlarge or improve service facilities. The revenue bonds shall be issued as
prescribed in ORS chapter 287A, but they are payable, both as to principal and
interest from revenues only, as specified by this section. The revenue bonds
are not subject to the percentage limitation applicable to general obligation
bonds and are not a lien upon any of the taxable property within the boundaries
of such district, but are payable solely from such part of the revenues of the
district as remain after payment of obligations having a priority and of all
expenses of operation and maintenance of the district. All revenue bonds shall
contain a clause reciting that both the principal and interest are payable
solely from operating revenues of the district remaining after paying such
obligations and expenses.
     (3) The district’s total outstanding bonds
of all kinds, including improvement bonds of the kind authorized by ORS 223.205
and 223.210 to 223.295, shall at no time exceed in the aggregate 13 percent of
the real market value of all property by law assessable for state and county
purposes within the district as reflected in the last roll certified under ORS
311.105. [1961 c.576 §19; 1963 c.515 §19; 1969 c.646 §12; 1973 c.785 §20; 1981
c.804 §104; 1991 c.459 §406; 1995 c.79 §227; 2007 c.783 §192]
     451.547
Tax levies authorized. A
district that has not previously imposed ad valorem property taxes may vote to
establish a permanent rate limit for operating taxes in accordance with section
11 (3)(c), Article XI of the Constitution of the State of Oregon, and
thereafter the district may levy ad valorem property taxes on property within
the district for the purposes authorized by ORS 451.410 to 451.610. If a
district has established a permanent rate limit in accordance with this
section, the provisions of ORS 294.305 to 294.565 shall apply to the district. [1961
c.576 §20; 1963 c.515 §19a; 1971 c.647 §104; 1973 c.785 §21; 1997 c.541 §385]
     451.550
Powers of district under ORS 451.410 to 451.610. For the purpose of carrying out the powers
granted to the district under other provisions of ORS 451.410 to 451.610, the
district may:
     (1) Supervise, manage, control, operate
and maintain service facilities.
     (2) Compel all residents and property
owners in a district to connect their property, houses and structures requiring
sewage disposal or surface drainage with adjacent sewers or other sewage or
drainage facilities in the district.
     (3) Acquire by purchase, gift, devise,
condemnation proceedings or by any other means, such real and personal property
and rights of way, either within or without the county, as in the judgment of
the governing body of the district are necessary or proper in the exercise of
the powers of the district, and to pay for and hold the same.
     (4) Make and accept contracts, deeds,
releases and documents which, in the judgment of the governing body of the
district, are necessary or proper in the exercise of the powers of the
district.
     (5) Employ and pay necessary agents,
employees and assistants.
     (6) Construct service facilities in and on
any public street, highway or road and for this purpose enter upon the street,
highway or road, make all necessary and proper excavations, and thereafter
restore the street, highway or road to its proper condition. However, the
consent of the appropriate city, county or state authorities, as the case may
be, shall first be obtained and the conditions of such consent complied with.
     (7) Exercise the authority vested in
counties under ORS 549.710 to 549.990.
     (8) Exercise the authority granted to
domestic water supply districts under ORS 264.306 to 264.330.
     (9) Adopt storm and surface water
management plans, programs and regulations relating to the quality and quantity
of such waters and conduct water quality studies.
     (10) Do any act necessary or proper to the
complete exercise and effect of any of its powers under ORS 451.410 to 451.610.
[1955 c.685 §15; 1963 c.515 §20; 1965 c.305 §1; 1973 c.785 §22; 1989 c.374 §6]
     451.555
Districts formed to provide comprehensive planning services; adoption of land
use plans; advisory committees.
(1) County service districts for the purpose of providing comprehensive
planning for land use and public facilities for a district in the county may be
formed in the manner provided by ORS 451.410 to 451.610 for establishing county
service districts for other purposes.
     (2) A district formed to provide
comprehensive planning may, in accordance with ORS chapter 215, adopt
comprehensive plans for land use and public facilities within the district. The
district shall be subject to ORS 451.120 to 451.140, 451.485 and 451.550 to 451.560.
The activities of the district may be financed by any method authorized by ORS
451.490 and 451.520 to 451.547. Plans adopted by the district may be enforced
as provided by ORS 451.130.
     (3) The district governing body shall
appoint an advisory committee of not less than 11 members who are electors
resident in the district or owners of land in the district. The committee shall
advise the governing body in carrying out the provisions of this section. It
shall meet with the governing body at the times and places determined by the
committee and governing body jointly. [1971 c.674 §4; 1993 c.792 §26]
     451.560
Agreements for cooperative financing of service facilities or for use, lease or
joint operation of service facilities. (1) The district may enter into agreements with any city, any county,
the federal government, the state or any of its agencies, any district
organized for a public purpose or any person for a period not to exceed 30
years for the cooperative financing of the construction, maintenance and
operation of service facilities.
     (2) The district may enter into agreements
with any county, city, district organized for a public purpose or person for
the use, lease or joint operation of any service facilities, or any portion
thereof. [1955 c.685 §16; 1963 c.515 §21; 1973 c.785 §23]
     451.562 [1963 c.515 §21b; 1965 c.475 §1; 1967 c.248 §4;
1969 c.646 §13; 1971 c.291 §1; 1971 c.727 §134; repealed by 1973 c.785 §32]
     451.563 [1967 c.248 §§2,3; repealed by 1969 c.646 §18]
     451.564 [1967 c.538 §4; repealed by 1971 c.727 §203]
     451.565 [1961 c.576 §21; 1965 c.304 §1; repealed by
1969 c.646 §18]
     451.566 [1971 c.291 §3; repealed by 1973 c.785 §32]
     451.568
Public transportation facilities and services of district exempt from certain
regulations. Public
transportation facilities and services provided by, or pursuant to a contract
with, a county service district created for the purpose of public
transportation are exempt from the provisions of ORS chapter 825. [1973 c.211 §4]
     451.570
Regulations for sewage disposal, solid waste disposal, street cleaning and other
authorized purposes. (1) For
the protection of the public health, safety and general welfare, the district
may adopt and enforce reasonable and necessary regulations for:
     (a) The control of sewage disposal in the
district.
     (b) The storage, collection,
transportation and disposal of solid wastes within the district where such
regulations are supplemental to the requirements of the regulations of the
Environmental Quality Commission adopted pursuant to ORS 459.045 and are
necessary to meet special local conditions.
     (c) The cleanliness of roads and streets
of the district.
     (d) The management of storm and surface
water discharge, including standards relating to the quantity and quality of
such discharges.
     (e) All other purposes consistent with the
type of service facilities the district is authorized to construct, operate and
maintain and not in conflict with the laws of this state.
     (2) Such regulations shall be adopted in
accordance with ORS 198.510 to 198.600. [1955 c.685 §17; 1967 c.428 §9; 1969
c.593 §41; 1971 c.268 §18; 1971 c.648 §28; 1973 c.785 §24; 1989 c.374 §7]
     451.572
Certain special districts excluded from water supply county service districts. No part of the territory of a district
proposed to be formed for the purposes authorized in ORS 451.010 (1)(f) as
amended by section 1, chapter 287, Oregon Laws 1977, shall include territory
within the boundaries of a district formed to supply water under ORS chapter
198, 261, 264 or 450 unless the governing bodies of the affected districts, by
resolution, approve the inclusion of their territories prior to the hearing
held under ORS 198.805 for formation of the new district. [1977 c.287 §2]
     Note: 451.572 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 451 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     451.573
Definitions for ORS 451.573 to 451.577. As used in ORS 451.573 to 451.577:
     (1) “District” means, in addition to the
meaning given that term in ORS 451.410, a county service district organized
under the authority of a county charter.
     (2) “Special district” means any one of
the following districts:
     (a) A drainage district organized under
ORS chapter 547.
     (b) A park and recreation district
organized under ORS chapter 266.
     (c) A highway lighting district organized
under ORS chapter 372.
     (d) A sanitary district organized under
ORS chapter 450.
     (e) A diking district organized under ORS
chapter 551.
     (f) A special road district organized
under ORS 371.305 to 371.360.
     (g) A road assessment district organized
under ORS 371.405 to 371.535.
     (3) “Special district” also means one of
the following, if the special district is within the geographical jurisdiction
of a local government boundary commission formed by or pursuant to ORS 199.410
to 199.519:
     (a) A domestic water supply district
organized under ORS chapter 264.
     (b) A cemetery maintenance district
organized under ORS chapter 265.
     (c) A health district organized under ORS
440.305 to 440.410.
     (d) A vector control district organized
under ORS 452.020 to 452.170.
     (e) A rural fire protection district
organized under ORS chapter 478.
     (f) A weather modification district
organized under ORS 558.200 to 558.440.
     (g) A geothermal heating district
organized under ORS chapter 523. [1965 c.475 §4; 1969 c.646 §14a; 1971 c.674 §2;
1973 c.785 §25; 1975 c.782 §52; 1985 c.472 §2; 2003 c.14 §275]
     451.575
Excluding or including special districts from or in county service districts. If a district is authorized to construct,
maintain and operate service facilities to provide services that are provided
by a special district:
     (1) The area within a special district
described by ORS 451.573 (2)(a) shall not be included in or annexed to a
district if prior to or at the hearing on the formation of or annexation to
such district the governing body of the special district files with the
governing body of the district a resolution withdrawing the area within the
special district.
     (2) When the formation of or annexation to
a district is initiated, and the area to be incorporated or annexed includes
the entire area within a special district, the governing board of the special
district and the governing body of the district shall meet with each other to
agree on a debt distribution plan to be a part of the proposed incorporation or
annexation. The debt distribution plan may require that the property within the
special district remain solely liable for all bonded indebtedness outstanding
at the time of incorporation or annexation or it may provide for any other
distribution of indebtedness between the district and the special district. If
the governing boards do not agree on a debt distribution plan or if the area
within the special district remains liable under the plan for any portion of
the indebtedness outstanding at the time of the incorporation or annexation,
and dissolution and transfer, the governing body of the district shall be the
ex officio board of the dissolved special district for the purpose of levying
taxes in such area until the bonded and other indebtedness of the dissolved
special district is paid.
     (3) The consent of all the known holders
of valid indebtedness against the special district shall be obtained or
provision made in the debt distribution plan for the payment of the
nonassenting holders. The area within the boundaries of the special district
shall not by reason of the incorporation or annexation and dissolution and
transfer be relieved from liabilities and indebtedness previously contracted by
the dissolving special district.
     (4) The district officers of the special
district, upon the effective date of the incorporation or annexation, shall
forthwith deliver to the governing body of the district, the assets and records
of the special district. Uncollected taxes, assessments or charges thereof
levied by the special district shall become the property of the district and
upon collection shall be credited to the account of such district. [1969 c.646 §15;
1973 c.785 §26; 2003 c.14 §276; 2005 c.510 §3]
     451.577
Dissolution of special district; service district to succeed. (1) Subject to ORS 451.575, upon the
effective date of the formation of a district, of an annexation of territory to
a district or of an order that adds drainage works to the authority of a
service district, a special district lying within the district shall be
extinguished and dissolved and the district shall succeed to all the assets and
become charged with all the liabilities, obligations and functions of the
special district.
     (2) Subsection (1) applies:
     (a) If the entire area of a special
district is incorporated in or annexed to a district; and
     (b) If the district has the authority to
provide the same service as the special district. [1965 c.475 §3; 1969 c.646 §14;
1973 c.785 §27; 1989 c.374 §8]
     451.580
Disposition of moneys received under ORS 451.410 to 451.610. (1) Except as otherwise provided in ORS
451.410 to 451.610, all moneys received by a district shall be paid to the
county treasurer and deposited by the county treasurer in an appropriate
district fund. The county treasurer, when ordered by a district governing body,
shall establish separate accounts in the district fund or separate funds in the
county treasury for the segregation of sinking or reserve funds or accounts, of
operating funds or accounts or of any other funds or accounts found necessary
or expedient by the district. However, no moneys received by a district shall
be used for any purpose other than for carrying out the purposes of ORS 451.410
to 451.610 and all funds, facilities, personnel or supplies of the county used
for those purposes shall be charged to the appropriate district fund or
account.
     (2) Notwithstanding the requirement for a
district to pay district moneys to the county treasurer for deposit in an
appropriate district fund in the county treasury under subsection (1) of this
section, the governing body of a county, with the consent of the county
treasurer if the county treasurer is an elected county officer, may order a
service district established under ORS 451.410 to 451.610 to hold and manage
its own moneys in one or more district funds or accounts deposited in a
financial institution as defined in ORS 706.008. The order must provide for
transfer of any moneys of the district then held or later received by the
county treasurer for the district. Thereafter, the district shall be solely
responsible for management of moneys of the district and shall designate a
district officer or employee to assume the duties and responsibilities
otherwise imposed upon the county treasurer.
     (3) Moneys deposited by the district in a
district fund or account may be withdrawn or paid out only upon a proper order
and warrant or upon a check signed by the district officer or employee
designated to assume the duties and responsibilities otherwise imposed upon the
county treasurer. The order must:
     (a) Specify the name of the person to whom
the moneys are to be paid;
     (b) Specify the fund or account from which
the moneys are to be paid;
     (c) State generally the purpose for which
the moneys are to be paid; and
     (d) Be entered in the record of
proceedings of the district. [1955 c.685 §18; 1963 c.515 §21c; 1973 c.785 §28;
2003 c.335 §1]
     451.585
Duty of city when all or part of district annexed or incorporated. (1) Whenever the entire area of a district
is incorporated in or annexed to a city in accordance with law, the district
shall be extinguished and the city shall upon the effective date of such
annexation succeed to all the assets and become charged with all the
liabilities, obligations and functions of the district. The district officers
shall forthwith deliver to the city officers the district assets and records.
Uncollected taxes theretofore levied by such district shall become the property
of the city and be delivered to it by the county treasurer upon collection.
     (2) 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]
     451.590
Entry upon privately owned lands to survey or lay out service facilities. Officers and employees of a county or of a
district may enter upon privately owned lands to survey or lay out service
facilities by direction of the county court or governing body of the district.
However, the county court or governing body of the district shall cause
notification to be given to each occupant of the lands, either by registered or
certified mail or by other lawful means. This notice shall be given at least
five days before the county or district officers or employees enter upon the
lands. No officer or employee of a county or district entering privately owned
lands pursuant to this section shall damage or destroy trees, shrubs, buildings
or other items of value on that land without first obtaining the consent of the
owner. [1959 c.673 §1; 1963 c.515 §22; 1973 c.785 §29]
     451.600
Restrictions on altering, repairing or connecting with a service facility. No person shall alter, repair or make a connection
with any service facility maintained by a district, unless that person:
     (1) Obtains permission from the district
that maintains the facility, and pays all deposits, charges or fees required by
the district for granting such permission, before undertaking the work; and
     (2) When appropriate, complies with ORS
447.010 to 447.156 and 447.992 in performing the work. [1959 c.673 §2; 1961
c.576 §18; 1963 c.515 §23; 1973 c.785 §30]
     451.605
Formation of district for emergency reporting system. (1) When a district is established for the
purpose of providing a 9-1-1 emergency reporting system, the district shall
consist of all the telephone exchange service areas located wholly or partly
within a designated 9-1-1 jurisdictionÂ’s service area that is served by a
public safety answering point. A district may include more than one city and
county. As used in this subsection, “9-1-1 jurisdiction” has the meaning given
that term by ORS 401.710.
     (2) Before a petition for formation of a
district to provide a 9-1-1 emergency reporting system is filed with the county
board of the principal county under ORS 198.800, the petition shall be approved
by indorsement thereon by two-thirds of the governing bodies of all public or
private safety agencies representing two-thirds of the population included
within the proposed district.
     (3) A county governing body shall not
adopt an order under ORS 198.835 for formation of a district to provide a 9-1-1
emergency reporting system unless the governing body first obtains written approval
for the formation of the district from two-thirds of the governing bodies of
all public or private safety agencies representing two-thirds of the population
included within the proposed district.
     (4) As used in this section, “public or
private safety agency” has the meaning given that term by ORS 401.710. [1987
c.525 §3; 1989 c.793 §25; 1993 c.441 §2]
     451.610
Advisory committee for emergency reporting. (1) The governing body of a district established to provide a 9-1-1
emergency reporting system shall appoint an advisory committee to advise and
assist the governing body in establishing, maintaining and operating the 9-1-1
emergency reporting system of the district. An advisory committee shall consist
of one representative from each public or private safety agency, as defined in
ORS 401.710, included within the district. A member of the advisory committee
shall reside within the district.
     (2) A member of the advisory committee
shall serve for a term of two years. Of the members first appointed, however,
one-half of the members shall serve for a term of one year. The respective
terms of the members shall be determined by lot at the first meeting of the
advisory committee.
     (3) The advisory committee shall meet with
the governing body of the district at the times and places determined by the
committee and governing body jointly.
     (4) The advisory committee may adopt rules
for the conduct of its proceedings.
     (5) The advisory committee may propose
changes to any of the districtÂ’s rules, policies or practices as it considers
necessary or desirable. In addition to its other functions and duties, the
advisory committee shall review the annual budget of the district and any
assessments levied under ORS 451.410 to 451.610. The advisory committee shall
meet with the governing body of the district and may make such recommendations
relating to the budget and assessments as it considers necessary or prudent. [1987
c.525 §4; 1989 c.793 §26]
     451.620
Procedures for district formed subject to dissolution. (1) If a county service district is formed
subject to a provision specifying a fiscal year for dissolution of the
district, the board of directors shall, no later than 45 days after the start
of that fiscal year, make the findings required by ORS 198.925 and adopt a plan
of liquidation and dissolution providing for payment of nonassenting creditors,
unless the board adopts an order as specified in subsection (2) of this
section. Dissolution shall be effective as of the end of the fiscal year.
Dissolution shall be governed by ORS 198.945 to 198.955.
     (2) The district board may order that the
district continue only if, after a public hearing, it determines that there is
a public need for continued existence of the district because:
     (a) Liquidation and dissolution cannot be
accomplished in a manner that would protect the rights of nonassenting
creditors; or
     (b) The services provided continue to be
needed by the public, the district is providing the services in an efficient
and effective manner and continuation will not significantly discourage future
boundary change proposals.
     (3) A public hearing on continuation shall
be preceded by notice published at least 14 days before the hearing in a
newspaper of general circulation within the district. Notice of the hearing shall
also be mailed to all incorporated cities within the district and to the
boundary commission, if any.
     (4) An order continuing the district shall
specify a fiscal year, not later than the 10th fiscal year after the date of
the order, in which the district shall dissolve unless another determination of
public need for continued existence occurs.
     (5) An order continuing the district shall
be forwarded to the boundary commission, if any, within 10 days. If the
district is not within the jurisdiction of a boundary commission the order may
be contested as provided in ORS 198.785 (2). [1987 c.504 §§2,3,4]
PENALTIES
     451.990
Penalties. Violation of ORS
451.600 or any regulation adopted pursuant to ORS 451.570 is a misdemeanor. [1959
c.673 §3; 1973 c.785 §31]
_______________
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