US Laws, Codes, Statutes & Cases

Chapter 450 — Sanitary Districts and Authorities; Water Authorities

 

2007 EDITION

 

SANITARY DISTRICTS; WATER AUTHORITIES

 

PUBLIC HEALTH AND SAFETY

 

SANITARY DISTRICTS

 

(Generally)

 

450.005     Definitions for ORS 450.005 to 450.245

 

(Formation)

 

450.009     Formation purposes; petition

 

450.045     Board members; qualifications; first terms

 

(Officers and Elections)

 

450.055     Board officers; term; vacancy

 

450.059     Election laws applicable

 

450.062     Increase of board membership from three to five members; election

 

450.065     Election of president; appointment, duties and compensation of secretary

 

450.070     Meetings of board

 

(Powers)

 

450.075     Powers of sanitary district

 

450.080     Signatures on contracts and other documents

 

450.082     District may contract for employee health care services or insurance

 

450.084     Payment for services or insurance by district

 

450.085     Adoption of regulations and ordinances

 

(District Finances)

 

450.090     Deposit of district funds; contents of withdrawal or payment order

 

450.095     Bond election

 

450.110     District bonds; denomination; place of payment; interest

 

450.115     Use of proceeds of bond sale

 

450.120     Debt limitations

 

450.125     Payment of bonds; issuance of improvement bonds

 

450.130     Sewer service charges; collection and enforcement

 

450.135     Ordinance declaring method of payment

 

450.140     Assessment ordinance

 

450.145     Entry of assessments in lien docket; lien docket as public record

 

450.150     Hearing of objections to proposed improvements

 

450.160     Collection and enforcement of delinquent liens; reassessment

 

450.165     Preparation and approval of plans for drains and sewer installations

 

450.170     Levy of taxes

 

450.175     Collection of taxes

 

450.177     Filing boundary change with county assessor and Department of Revenue

 

(Annexation)

 

450.215     Plans for division and disposal of properties

 

450.225     Effective date of annexation; disposition of properties in territory; liabilities and indebtedness of territory; filing of report

 

(Miscellaneous)

 

450.245     Application of ORS 450.005 to 450.245 to districts organized under former laws; savings clause

 

(Districts With Valuation Less Than $250,000)

 

450.250     Definitions for ORS 450.250 to 450.300

 

450.255     Districts eligible for state help in financing sewerage systems

 

450.260     Conditions precedent to financing application

 

450.265     Bonds issued by district pursuant to ORS 450.250 to 450.300 are subject to State Treasurer control; refunding bonds issuable

 

450.270     Powers of State Treasurer in connection with ORS 450.250 to 450.300

 

450.275     State Treasurer approval of other bond issues by district whose bonds are owned by state

 

450.280     Circumstances and conditions under which State Treasurer may purchase sewerage system bonds

 

450.285     State Sanitary District Sewer Bond Fund

 

450.290     Provisions concerning liquidation of indebtedness incurred by district financing sewerage system under ORS 450.250 to 450.300

 

450.295     Refinancing indebtedness of district; court-appointed receiver may operate system

 

450.300     Duty of treasurer to keep funds separate and to withhold tax receipts for bond payments; liability of treasurer

 

(Sanitary District Sewerage System Revolving Fund)

 

450.303     Purchase of general obligation bonds of sanitary districts; Sanitary District Sewerage System Revolving Fund

 

JOINT WATER AND SANITARY AUTHORITIES

 

450.600     Joint authorities; formation; election of directors upon formation; first terms

 

450.605     Formation of joint authority by consolidation; transfer of property, rights and powers to consolidated authority

 

450.607     Formation of joint authority that includes city or district by consolidation; formation within urban growth boundary; transfer of property to consolidated authority

 

450.610     Initiation of proceedings for consolidation; resolution by governing bodies

 

450.615     Contents of resolution; debt distribution plan; dissolution of existing entities

 

450.620     Assembly of governing bodies; order for election on consolidation

 

450.625     Election result; certification

 

450.630     Joint meeting of governing bodies after approval of consolidation; declaration of consolidation; election of board

 

450.635     Board of directors of joint authority; number; terms; qualifications

 

450.640     Powers of joint authority; issuance of revenue bonds

 

450.645     Election laws applicable

 

WATER AUTHORITIES

 

450.650     Board of directors; terms; qualifications

 

450.655     Methods of election of authority directors

 

450.658     Election of directors; terms

 

450.660     Water authority formation

 

450.665     Formation of authorities under special districts law

 

450.675     Formation of authorities from areas within one or more counties

 

450.680     Formation of authorities by cities and water districts

 

450.685     Application of certain provisions to authorities

 

450.690     Public body; authority to issue revenue bonds

 

450.693     Services to other local governments authorized

 

450.695     Acquisition of water rights; effect on priority of rights

 

450.700     Acquisition of water rights; effect on prior rights

 

SANITARY AUTHORITIES

 

(Generally)

 

450.705     Policy; construction

 

450.710     Definitions for ORS 450.600 to 450.989

 

(Formation)

 

450.715     Areas which may be formed into sanitary authorities

 

450.722     Formation of water or sanitary authority may include dissolution of certain existing districts

 

450.785     Initiation of formation of sanitary authority by governing body without petition

 

450.787     Formation of authorities by cities and sanitary or drainage districts

 

(Dissolution)

 

450.788     Law applicable to dissolution of authority

 

(Board and Elections)

 

450.790     Sanitary authority board

 

450.793     Election laws applicable

 

450.795     Nomination and election of first board members; terms

 

450.800     Regular and special elections; terms of members; vacancies

 

(Powers)

 

450.806     General powers of board; selection of board chairperson; appointment of authority manager

 

450.808     General duties of authority manager

 

450.810     Board may adopt and enforce ordinances for sanitary purposes

 

450.815     General powers of authority

 

450.817     Services to other local governments authorized

 

450.820     Authority may maintain garbage collection system and engage in insect control activities

 

450.825     Plan for sewage disposal and drainage to be developed by authority

 

450.830     Authority may construct and operate sewage disposal and drainage systems; operation beyond authority boundaries

 

450.835     Contract for or purchase of sewage disposal and drainage systems

 

450.837     Water and sanitary authority as municipality for purpose of enforcing plumbing code; limitations

 

(Finances)

 

450.840     Costs for construction and operation of systems and general expenses of sanitary authority; how borne

 

450.845     Areas needing sewerage installations to be determined and plans for installations to be made

 

450.850     Hearing on board’s proposed construction plans and estimated special assessments; notice of hearing

 

450.855     Action board may take at hearing concerning boundaries, installations to be constructed, costs and financing

 

450.860     Portion of installation construction costs in an authority chargeable to area benefited

 

450.865     Ordinance specifying action of board at hearing; remonstrances

 

450.867     Election on ordinance adopted under ORS 450.865

 

450.870     Assessments against benefited property

 

450.875     Collection of delinquent assessments by lien foreclosure procedure; reassessment procedure

 

450.880     Sewer service charges

 

450.885     Tax levies on property in the authority; budget for authority

 

450.890     Collection of taxes; taxes are liens on property

 

450.895     Bonds, general obligation or revenue or combination of both; bonds to mature serially and be paid in installments

 

450.897     Bancroft Bonding Act applicable

 

450.900     Election on bond issues; limitation on indebtedness

 

450.905     Notice of bond election

 

450.915     Issuance of bonds

 

450.920     Disposition of proceeds of sale of bonds

 

450.925     Issuance of refunding bonds

 

450.930     Redemption of bonds before maturity dates

 

450.945     Custody and disbursement of authority funds by county treasurer

 

(Programs for Employees)

 

450.947     Contracts for medical, dental and hospital services; insurance for employees; effect of failure to contract

 

450.949     Payment of contract costs by authority and by employee; multiple contracts; qualification of insurer or hospital association

 

450.963     Employees’ retirement system

 

450.967     Funding of retirement plan

 

450.971     Employee contribution

 

450.973     Eligibility for retirement plan

 

450.977     Tax levy to finance programs under ORS 450.947 to 450.977

 

(Miscellaneous)

 

450.980     Procedure for testing proceedings and acts of sanitary authorities

 

450.985     Authority of South Suburban Sanitary District of Klamath Falls to incur indebtedness

 

MISCELLANEOUS

 

450.987     Annexation by city of water or sanitary authority territory

 

450.988     Filing boundary change with county assessor and Department of Revenue

 

450.989     Apportionment of cost among serviced property owners; determination by authority

 

PENALTIES

 

450.990     Penalties

 

SANITARY DISTRICTS

 

(Generally)

 

      450.005 Definitions for ORS 450.005 to 450.245. As used in ORS 450.005 to 450.245, unless the context requires otherwise:

      (1) “District board” means the governing body of a district.

      (2) “County board” means the county court or board of county commissioners of the county.

      (3) “County” means the county in which the district, or the greater portion of the taxable assessed value of the district or proposed district, is located.

      (4) “District” means a sanitary district formed in one or more counties and outside the corporate limits of any city pursuant to ORS 450.005 to 450.245 or pursuant to any law which those sections supersede.

      (5) “Owner” means the holder of the record title to real property or the vendee under a land sale contract, if there is such a contract.

      (6) “Secretary” means the secretary of the district. [Amended by 1969 c.563 §1; 1983 c.83 §87; 2001 c.373 §1]

(Formation)

 

      450.009 Formation purposes; petition. Sanitary districts may be formed for the purpose of providing sanitation facilities and services. In addition to the other matters, a petition for formation of a sanitary district shall state the number of members, three or five, on the district board. [1955 c.442 §2 (enacted in lieu of 450.010); 1969 c.563 §2; 1971 c.727 §119; 1975 c.647 §36]

      450.010 [Repealed by 1955 c.442 §1 (450.009 enacted in lieu of 450.010)]

 

      450.015 [Amended by 1969 c.563 §3; repealed by 1971 c.727 §203]

 

      450.017 [1955 c.442 §4; 1969 c.563 §4; repealed by 1971 c.647 §149 and by 1971 c.727 §203]

 

      450.020 [Amended by 1955 c.111 §1; 1969 c.563 §5; repealed by 1971 c.727 §203]

 

      450.025 [Amended by 1969 c.563 §6; repealed by 1971 c.727 §203]

 

      450.030 [Amended by 1969 c.563 §7; repealed by 1971 c.727 §203]

 

      450.035 [Repealed by 1971 c.647 §149]

 

      450.040 [Amended by 1961 c.438 §3; repealed by 1971 c.647 §149]

 

      450.045 Board members; qualifications; first terms. (1) The power and authority given a sanitary district, except as otherwise provided, shall be exercised by a board of three or five members, according to the number set forth in the petition for formation.

      (2) A person is qualified to be a member of the board if the person is an elector of or owner in the district.

      (3) If the first board to be elected has three members:

      (a) The terms of the candidates receiving the highest and second highest votes expire June 30 next following the second regular district election.

      (b) The term of the candidate receiving the third highest vote expires June 30 next following the first regular district election.

      (4) If the first board to be elected has five members:

      (a) The terms of the candidates receiving the first, second and third highest votes expire June 30 next following the second regular district election.

      (b) The term of the candidate receiving the fourth or fifth highest vote expires June 30 next following the first regular district election. [Amended by 1955 c.442 §6; 1971 c.647 §83; 1971 c.727 §§120,195; 1973 c.796 §62; 1975 c.647 §34; 1983 c.83 §88; 1983 c.350 §262; 2007 c.168 §1]

 

      450.050 [Amended by 1969 c.563 §8; repealed by 1971 c.727 §203]

 

      450.052 [1955 c.107 §1; 1969 c.563 §9; repealed by 1971 c.727 §203]

 

      450.054 [1955 c.594 §2; 1969 c.563 §10; repealed by 1971 c.727 §203]

(Officers and Elections)

 

      450.055 Board officers; term; vacancy. (1) The officers of the district shall be the district board, consisting of three or five members, and a secretary appointed by the board.

      (2) Except as to those members of the board who are elected on formation and those members who are elected at an election when the number of board members is increased to five, the term of office of each elected member shall be four years.

      (3) Vacancy in the membership of the board shall occur by reason of the occurrence of any event listed in ORS 236.010 or, unless excused, by failure to attend three successive regular board meetings. The district board shall fill any vacancy on the board as provided in ORS 198.320. [Amended by 1955 c.442 §7; 1967 c.439 §1; 1969 c.563 §§11,29; 1969 c.669 §9; 1975 c.647 §35; 1983 c.350 §263]

 

      450.057 [1961 c.438 §2; 1967 c.609 §9; repealed by 1971 c.647 §149]

 

      450.059 Election laws applicable. (1) ORS chapter 255 governs the following:

      (a) The nomination and election of members of the district board.

      (b) The conduct of district elections.

      (2) The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 to 255.205. [1983 c.350 §268]

 

      450.060 [Amended by 1955 c.442 §8; 1967 c.137 §2; 1971 c.647 §84; 1973 c.796 §63; 1975 c.647 §37; repealed by 1983 c.350 §331a]

 

      450.062 Increase of board membership from three to five members; election. (1) A district having a three member board may vote to increase the number of members on the board to five at a regular district election as provided in this section. The board shall order an election on the question of increased membership when a petition is filed with the secretary of the board requesting that the electors of the district be permitted to vote on the question. The requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition in ORS 255.135 to 255.205. The board shall be increased to five members if a majority of the votes cast on the question favors the increase.

      (2) At the same election at which the question of increasing the board from three to five members is voted upon, the electors shall vote for a number of candidates:

      (a) To fill any vacancy;

      (b) To elect a successor to any position the term of which expires June 30 next following the election; and

      (c) To elect two candidates to fill the two new board positions if the board membership is increased.

      (3) If the board membership is increased under this section, the Secretary of State by rule shall adjust and stagger the terms of the board members elected at the election under this section as necessary so that at least two board members are elected at each subsequent regular district election. [1955 c.442 §5; 1971 c.647 §85; 1983 c.350 §265]

 

      450.065 Election of president; appointment, duties and compensation of secretary. (1) At its first regular meeting each year, or as soon thereafter as practicable, the board shall choose one of its members as president and appoint a secretary.

      (2) The secretary shall receive such compensation as is fixed by the order of the board.

      (3) The secretary shall perform all duties required by the board and those prescribed in ORS 450.005 to 450.245.

      (4) Within 30 days following the entry of the order establishing a district, the secretary of the district shall file a written report with the Environmental Quality Commission, stating the name of the district, the date of its formation and the names and addresses of the board members, and shall furnish with the report a map showing the district boundaries. [Amended by 1957 c.671 §1; 1969 c.345 §9; 1971 c.727 §121]

 

      450.070 Meetings of board. (1) The board shall hold such meetings either in the day or evening, as may be convenient, but must hold one regular monthly meeting at a stated time and public place, at which, so far as practicable, district business shall be conducted.

      (2) In case of the absence or inability of the president or secretary to act, the board may, by order entered in its minutes, choose a president pro tempore, or secretary pro tempore, or both.

      (3) Special meetings may be called by the president or two members of the board by giving notice of time and place of the meeting six hours in advance.

 

(Powers)

 

      450.075 Powers of sanitary district. A sanitary district may:

      (1) Have and use a common seal.

      (2) Sue and be sued in its name.

      (3) Acquire, construct, reconstruct, alter, enlarge, renew, replace, operate and maintain such sewage collection and disposal systems as in the judgment of the board are necessary and proper for the area of the district. In the performance of these functions, either in or out of the district, it may join with any other public body as defined in ORS 174.109, a federal agency or another state in the joint establishment, maintenance and operation of such works, and may contract therefor within the limits of authority conferred by ORS 450.005 to 450.245.

      (4) Permit the use, by lease or otherwise, of any property of the district by any other public body as defined in ORS 174.109, a federal agency or another state.

      (5) Acquire by purchase, gift, devise, condemnation proceedings or otherwise, such real and personal property and rights of way, either within or without the limits of the district, as in the judgment of the board are necessary or proper to the exercise of its powers, and to pay for and hold the same.

      (6) Make and accept contracts, deeds, releases and documents that, in the judgment of the board, are necessary or proper in the exercise of any of the powers of the district.

      (7) Issue bonds as provided in ORS 450.095 to 450.125.

      (8) Determine the rate of levy of taxes in the district, and fix sewer rentals, charges and assessments as provided in ORS 450.130 to 450.175.

      (9) Employ and pay necessary agents, employees and assistants.

      (10) Lay its sewers and drains in any public street or road in the county, and for this purpose enter upon it and make all necessary and proper excavations, restoring it to its proper condition. However, the consent of the proper city, county or state authorities, as the case may be, shall first be obtained and the conditions of such consent complied with.

      (11) Maintain and operate disposal sites and solid waste collection and disposal systems in compliance with ORS 459.005 to 459.437, 459.992 (1) and (2) and 466.995 (1).

      (12) Call all necessary elections.

      (13) Compel all residents and property owners in the district to connect their houses and structures requiring sewage or drainage disposal with adjacent street sewers, drains or other sewage disposal system of the district.

      (14) Do any act necessary or proper to the complete exercise and effect of any of its powers or for the purposes for which it was formed.

      (15) Make and enforce all necessary and proper regulations for:

      (a) The cleanliness of roads and streets of the district.

      (b) All other sanitary purposes not in conflict with the laws of this state.

      (16) Make and enforce necessary and proper regulations governing the storage, collection, transportation and disposal of solid wastes where such regulations are supplemental to the requirements of the Environmental Quality Commission adopted pursuant to ORS 459.045 and are necessary to meet special local conditions. [Amended by 1967 c.428 §13; 1969 c.563 §12; 1969 c.593 §38; 1971 c.36 §6; 1971 c.647 §86; 1971 c.648 §25; 1983 c.350 §266; 2001 c.104 §187; 2003 c.802 §116]

 

      450.080 Signatures on contracts and other documents. All contracts, deeds, warrants, releases, receipts and documents shall be signed in the name of the district by its president and countersigned by its secretary.

 

      450.082 District may contract for employee health care services or insurance. (1) The district board may enter into contracts for medical or any other remedial care recognized under state law and hospital services or insurance covering employees of the district for remedial care and hospital benefits. Failure to obtain insurance or service contracts shall not be construed as negligence or lack of diligence on the part of the board or the members thereof.

      (2) As used in this section “remedial care” includes services rendered by a person licensed to practice one or more of the healing arts within the scope of the license of the person. [1967 c.439 §4]

 

      450.084 Payment for services or insurance by district. (1) The district may agree to pay none, part or all of the premiums or charges on insurance or service contracts, and it may collect from the salary of any employee covered by the contract the percentage of the premiums or charges the employee is required to provide pursuant to the contract. Contributions for premiums or charges by employees shall be only on a voluntary basis.

      (2) The board may negotiate more than one contract with one or more companies or associations if necessary to obtain optimum coverage at minimum cost.

      (3) No premium or other periodic charge on any insurance or service contract shall be paid unless the insurer or hospital association issuing such policy or contract is authorized to transact business as an insurance company or hospital association in this state.

      (4) Expenses incurred by a district in establishing programs or providing benefits authorized by ORS 450.082 and this section are expenses for which a district may levy taxes as provided by ORS 450.170. [1967 c.439 §§3,5]

 

      450.085 Adoption of regulations and ordinances. Any general regulation or ordinance of a district board shall be adopted in accordance with ORS 198.510 to 198.600. Orders not establishing a general regulation need not be posted or published. [Amended by 1971 c.268 §16]

(District Finances)

 

      450.090 Deposit of district funds; contents of withdrawal or payment order. Funds of the district may be deposited, at the discretion of the district board, in one or more depositories, as defined in ORS 295.001, to be designated by the district board. Funds deposited in a depository shall be withdrawn or paid out only upon proper order and warrant or check signed by the president and countersigned by the secretary. The order shall:

      (1) Specify the name of the person to whom the moneys are paid;

      (2) Specify the fund from which the moneys are paid;

      (3) State generally the purpose for which the moneys are paid; and

      (4) Be entered in the minutes of the board. [Amended by 1977 c.318 §1; 2001 c.373 §2]

 

      450.095 Bond election. (1) This section establishes the procedure for determining whether bonds of the district, either general obligation, revenue or a combination of both, shall be issued and sold to raise money for the purposes set forth in ORS 450.075 (3). The question shall be decided by election. The board:

      (a) May order the election on its own resolution; or

      (b) Shall order the election when a petition is filed as provided in this section.

      (2) The order of the board calling the election shall determine the form of the bonding proposal as follows:

      (a) The order may submit to the electors as one proposal the question of issuing bonds to make all outlays, or so many of them as may be selected; or

      (b) Th