2007 Oregon Code - Chapter 450 :: Chapter 450 - Sanitary Districts and Authorities - Water Authorities
Chapter 450 —
Sanitary Districts and Authorities; Water Authorities
2007 EDITION
SANITARY DISTRICTS; WATER AUTHORITIES
PUBLIC HEALTH AND SAFETY
SANITARY DISTRICTS
(Generally)
450.005Â Â Â Â Definitions
for ORS 450.005 to 450.245
(Formation)
450.009Â Â Â Â Formation
purposes; petition
450.045Â Â Â Â Board
members; qualifications; first terms
(Officers and Elections)
450.055Â Â Â Â Board
officers; term; vacancy
450.059Â Â Â Â Election
laws applicable
450.062Â Â Â Â Increase
of board membership from three to five members; election
450.065Â Â Â Â Election
of president; appointment, duties and compensation of secretary
450.070Â Â Â Â Meetings
of board
(Powers)
450.075Â Â Â Â Powers
of sanitary district
450.080Â Â Â Â Signatures
on contracts and other documents
450.082Â Â Â Â District
may contract for employee health care services or insurance
450.084Â Â Â Â Payment
for services or insurance by district
450.085Â Â Â Â Adoption
of regulations and ordinances
(District Finances)
450.090Â Â Â Â Deposit
of district funds; contents of withdrawal or payment order
450.095Â Â Â Â Bond
election
450.110Â Â Â Â District
bonds; denomination; place of payment; interest
450.115Â Â Â Â Use
of proceeds of bond sale
450.120Â Â Â Â Debt
limitations
450.125Â Â Â Â Payment
of bonds; issuance of improvement bonds
450.130Â Â Â Â Sewer
service charges; collection and enforcement
450.135Â Â Â Â Ordinance
declaring method of payment
450.140Â Â Â Â Assessment
ordinance
450.145Â Â Â Â Entry
of assessments in lien docket; lien docket as public record
450.150Â Â Â Â Hearing
of objections to proposed improvements
450.160Â Â Â Â Collection
and enforcement of delinquent liens; reassessment
450.165Â Â Â Â Preparation
and approval of plans for drains and sewer installations
450.170Â Â Â Â Levy
of taxes
450.175Â Â Â Â Collection
of taxes
450.177Â Â Â Â Filing
boundary change with county assessor and Department of Revenue
(Annexation)
450.215Â Â Â Â Plans
for division and disposal of properties
450.225Â Â Â Â Effective
date of annexation; disposition of properties in territory; liabilities and
indebtedness of territory; filing of report
(Miscellaneous)
450.245Â Â Â Â Application
of ORS 450.005 to 450.245 to districts organized under former laws; savings
clause
(Districts With Valuation Less Than $250,000)
450.250Â Â Â Â Definitions
for ORS 450.250 to 450.300
450.255Â Â Â Â Districts
eligible for state help in financing sewerage systems
450.260Â Â Â Â Conditions
precedent to financing application
450.265Â Â Â Â Bonds
issued by district pursuant to ORS 450.250 to 450.300 are subject to State
Treasurer control; refunding bonds issuable
450.270Â Â Â Â Powers
of State Treasurer in connection with ORS 450.250 to 450.300
450.275Â Â Â Â State
Treasurer approval of other bond issues by district whose bonds are owned by
state
450.280Â Â Â Â Circumstances
and conditions under which State Treasurer may purchase sewerage system bonds
450.285Â Â Â Â State
Sanitary District Sewer Bond Fund
450.290Â Â Â Â Provisions
concerning liquidation of indebtedness incurred by district financing sewerage
system under ORS 450.250 to 450.300
450.295Â Â Â Â Refinancing
indebtedness of district; court-appointed receiver may operate system
450.300Â Â Â Â Duty
of treasurer to keep funds separate and to withhold tax receipts for bond
payments; liability of treasurer
(Sanitary District Sewerage System Revolving
Fund)
450.303Â Â Â Â Purchase
of general obligation bonds of sanitary districts; Sanitary District Sewerage
System Revolving Fund
JOINT WATER AND SANITARY AUTHORITIES
450.600Â Â Â Â Joint
authorities; formation; election of directors upon formation; first terms
450.605Â Â Â Â Formation
of joint authority by consolidation; transfer of property, rights and powers to
consolidated authority
450.607Â Â Â Â Formation
of joint authority that includes city or district by consolidation; formation
within urban growth boundary; transfer of property to consolidated authority
450.610Â Â Â Â Initiation
of proceedings for consolidation; resolution by governing bodies
450.615Â Â Â Â Contents
of resolution; debt distribution plan; dissolution of existing entities
450.620Â Â Â Â Assembly
of governing bodies; order for election on consolidation
450.625Â Â Â Â Election
result; certification
450.630Â Â Â Â Joint
meeting of governing bodies after approval of consolidation; declaration of
consolidation; election of board
450.635Â Â Â Â Board
of directors of joint authority; number; terms; qualifications
450.640Â Â Â Â Powers
of joint authority; issuance of revenue bonds
450.645Â Â Â Â Election
laws applicable
WATER AUTHORITIES
450.650Â Â Â Â Board
of directors; terms; qualifications
450.655Â Â Â Â Methods
of election of authority directors
450.658Â Â Â Â Election
of directors; terms
450.660Â Â Â Â Water
authority formation
450.665Â Â Â Â Formation
of authorities under special districts law
450.675Â Â Â Â Formation
of authorities from areas within one or more counties
450.680Â Â Â Â Formation
of authorities by cities and water districts
450.685Â Â Â Â Application
of certain provisions to authorities
450.690Â Â Â Â Public
body; authority to issue revenue bonds
450.693Â Â Â Â Services
to other local governments authorized
450.695Â Â Â Â Acquisition
of water rights; effect on priority of rights
450.700Â Â Â Â Acquisition
of water rights; effect on prior rights
SANITARY AUTHORITIES
(Generally)
450.705Â Â Â Â Policy;
construction
450.710Â Â Â Â Definitions
for ORS 450.600 to 450.989
(Formation)
450.715Â Â Â Â Areas
which may be formed into sanitary authorities
450.722Â Â Â Â Formation
of water or sanitary authority may include dissolution of certain existing
districts
450.785Â Â Â Â Initiation
of formation of sanitary authority by governing body without petition
450.787Â Â Â Â Formation
of authorities by cities and sanitary or drainage districts
(Dissolution)
450.788Â Â Â Â Law
applicable to dissolution of authority
(Board and Elections)
450.790Â Â Â Â Sanitary
authority board
450.793Â Â Â Â Election
laws applicable
450.795Â Â Â Â Nomination
and election of first board members; terms
450.800Â Â Â Â Regular
and special elections; terms of members; vacancies
(Powers)
450.806Â Â Â Â General
powers of board; selection of board chairperson; appointment of authority
manager
450.808Â Â Â Â General
duties of authority manager
450.810Â Â Â Â Board
may adopt and enforce ordinances for sanitary purposes
450.815Â Â Â Â General
powers of authority
450.817Â Â Â Â Services
to other local governments authorized
450.820Â Â Â Â Authority
may maintain garbage collection system and engage in insect control activities
450.825Â Â Â Â Plan
for sewage disposal and drainage to be developed by authority
450.830Â Â Â Â Authority
may construct and operate sewage disposal and drainage systems; operation
beyond authority boundaries
450.835Â Â Â Â Contract
for or purchase of sewage disposal and drainage systems
450.837Â Â Â Â Water
and sanitary authority as municipality for purpose of enforcing plumbing code;
limitations
(Finances)
450.840Â Â Â Â Costs
for construction and operation of systems and general expenses of sanitary
authority; how borne
450.845Â Â Â Â Areas
needing sewerage installations to be determined and plans for installations to
be made
450.850Â Â Â Â Hearing
on boardÂ’s proposed construction plans and estimated special assessments;
notice of hearing
450.855Â Â Â Â Action
board may take at hearing concerning boundaries, installations to be
constructed, costs and financing
450.860Â Â Â Â Portion
of installation construction costs in an authority chargeable to area benefited
450.865Â Â Â Â Ordinance
specifying action of board at hearing; remonstrances
450.867Â Â Â Â Election
on ordinance adopted under ORS 450.865
450.870Â Â Â Â Assessments
against benefited property
450.875Â Â Â Â Collection
of delinquent assessments by lien foreclosure procedure; reassessment procedure
450.880Â Â Â Â Sewer
service charges
450.885Â Â Â Â Tax
levies on property in the authority; budget for authority
450.890Â Â Â Â Collection
of taxes; taxes are liens on property
450.895Â Â Â Â Bonds,
general obligation or revenue or combination of both; bonds to mature serially
and be paid in installments
450.897Â Â Â Â Bancroft
Bonding Act applicable
450.900Â Â Â Â Election
on bond issues; limitation on indebtedness
450.905Â Â Â Â Notice
of bond election
450.915Â Â Â Â Issuance
of bonds
450.920Â Â Â Â Disposition
of proceeds of sale of bonds
450.925Â Â Â Â Issuance
of refunding bonds
450.930Â Â Â Â Redemption
of bonds before maturity dates
450.945Â Â Â Â Custody
and disbursement of authority funds by county treasurer
(Programs for Employees)
450.947Â Â Â Â Contracts
for medical, dental and hospital services; insurance for employees; effect of
failure to contract
450.949Â Â Â Â Payment
of contract costs by authority and by employee; multiple contracts;
qualification of insurer or hospital association
450.963Â Â Â Â EmployeesÂ’
retirement system
450.967Â Â Â Â Funding
of retirement plan
450.971Â Â Â Â Employee
contribution
450.973Â Â Â Â Eligibility
for retirement plan
450.977Â Â Â Â Tax
levy to finance programs under ORS 450.947 to 450.977
(Miscellaneous)
450.980Â Â Â Â Procedure
for testing proceedings and acts of sanitary authorities
450.985Â Â Â Â Authority
of South Suburban Sanitary District of Klamath Falls to incur indebtedness
MISCELLANEOUS
450.987Â Â Â Â Annexation
by city of water or sanitary authority territory
450.988Â Â Â Â Filing
boundary change with county assessor and Department of Revenue
450.989Â Â Â Â Apportionment
of cost among serviced property owners; determination by authority
PENALTIES
450.990Â Â Â Â 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) The order may submit as separate questions
the issuance of bonds for any of the outlays singly or in such combinations as
the order may direct.
     (3) The requirements for preparing,
circulating and filing a petition under this section shall be as provided for
an initiative petition under ORS 255.135 to 255.205.
     (4) In addition to the information
required under ORS 255.085 in a notice for an election on the issuance of
bonds, the notice for an election under this section shall describe the form of
the bonding proposal as determined under subsection (2) of this section.
     (5) When an election is called pursuant to
a petition of electors, the proposal under subsection (2) of this section must
conform with the proposal of the petition.
     (6) If a majority of the votes cast at a
bond election is in favor of the issuance of bonds, the board may issue and
dispose of the bonds proposed in the order calling the election. [Amended by
1957 c.671 §2; 1969 c.563 §13; 1983 c.83 §89; 1983 c.350 §269]
     450.100 [Repealed by 1971 c.647 §149]
     450.105 [Amended by 1961 c.438 §4; repealed by 1971
c.647 §149]
     450.110
District bonds; denomination; place of payment; interest. (1) General obligation or revenue bonds
shall be of such denominations as the district board determines, except that no
bonds shall be of a denomination greater than $5,000.
     (2) All bonds shall be payable in lawful
money of the United States at a place named by the district board, and shall
bear interest at a rate determined by the district board, payable semiannually.
[Amended by 1969 c.563 §14; 1981 c.94 §37; 2001 c.373 §3]
     450.115
Use of proceeds of bond sale.
The proceeds of the sale of bonds shall be paid to the district. The proceeds
shall be used for the purpose indicated in the order calling for election upon
the question of the issuance of the bonds, and for no other purpose. However,
if those purposes are entirely fulfilled, any remaining proceeds shall be used
for payment of the principal and interest of the bonds. [Amended by 2001 c.373 §4]
     450.120
Debt limitations. The total
outstanding district bonds of all types, 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 taxable property
within the district, computed in accordance with ORS 308.207. [Amended by 1955
c.612 §1; 1963 c.9 §27; 1991 c.459 §402]
     450.125
Payment of bonds; issuance of improvement bonds. (1) All general obligation and revenue bonds
shall be paid within a period of 30 years and in annual installments of such
amounts as will make the combined amount of principal and interest payable each
year as nearly equal as practicable during the years of payment.
     (2) Improvement bonds may be issued in the
manner provided by ORS 223.205 and 223.210 to 223.295 without submitting the
question of their issuance to the electors of the district. [Amended by 1955
c.612 §2; 1969 c.563 §15; 1983 c.350 §270]
     450.130
Sewer service charges; collection and enforcement. (1) The sanitary board may enact ordinances
levying sewer service charges within the district, for the purpose of financing
the construction, operation and maintenance of the sewage collection and
disposal system.
     (2) The board may contract with any city
or district serving water in such area to collect such service charges with the
water bills, and the serving agency may cut off water for nonpayment of such
service charges. The board may pay the water serving agency for the reasonable
cost of such collection services.
     (3) Service charges may also be collected
and enforced as provided in ORS 454.225. [Amended by 1975 c.247 §1]
     450.135
Ordinance declaring method of payment. (1) For the purposes specified in ORS 450.075 (3), a district may
declare by ordinance before doing the same that the cost, or any portion
thereof, shall be assessed against the property directly benefited. Or it may
provide in the ordinance that the cost shall be paid partly by assessment
against the property directly benefited and partly out of the general funds of
or sewer service charges collected by the district.
     (2) The determination of the board as
expressed in the ordinance as to the proportion of the cost shall be based upon
an exercise of the boardÂ’s sound discretion.
     450.140
Assessment ordinance. If any
of the cost of sewers, drains or sewage treatment plants is assessed against
the property directly benefited thereby, the board shall, before attempting to
make the improvement or assessment, adopt a general ordinance providing for the
method of assessment. The ordinance shall:
     (1) Contain provision for notice to
property owners of intention to make the assessment and improvement.
     (2) Provide that notice shall be not less
than 20 days before action is taken thereon.
     (3) Provide an opportunity for property
owners to appear before the board for the purpose of remonstrating against
assessments.
     (4) 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.
     450.145
Entry of assessments in lien docket; lien docket as public record. (1) When assessments are made they shall be
entered into a permanent lien docket which shall be kept in the office of the
district and wherein shall be shown 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 lien and the
payments thereon.
     (2) The lien docket shall be a public record
kept by the secretary and shall be open to inspection during all business hours
established by the district.
     450.150
Hearing of objections to proposed improvements. (1) The board shall appoint a time for the
hearing of remonstrances or objections against any proposed improvement
regardless of the method of payment. At the time appointed all objectors or
remonstrators shall have the right to be heard.
     (2) If two-thirds or more of the owners of
the property directly benefited, which is liable for any of the cost of the
sewers, drains or sewage disposal plants, file written remonstrances objecting
to the proposed improvement, the board shall sustain the remonstrances, and no
further proceedings in the matter of proposed improvements shall be had for a period
of six months.
     (3) If two-thirds of the owners of the
property directly benefited by the proposed improvements do not file written
remonstrances against the improvement, the board may proceed with the making of
the improvement.
     450.155 [Amended by 1953 c.649 §2; 1955 c.19 §1;
repealed by 1995 c.333 §37]
     450.160
Collection and enforcement of delinquent liens; reassessment. (1) In case the whole or any portion of the
cost of sewers, drains or sewage treatment plants is assessed against the
property directly benefited and the owner of the property fails to pay the
amount of the lien, or any portion thereof, or the interest thereon, when they
become due, the board 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 and may provide by ordinance a general procedure for the collection of
liens in any manner not inconsistent with law.
     (2) The provisions of ORS 223.405 to
223.485 relating to reassessment shall be available to sanitary districts where
applicable. [Amended by 2003 c.802 §117]
     450.165
Preparation and approval of plans for drains and sewer installations. (1) Whenever the board deems it expedient or
necessary to cause to be constructed sewers, drains or sewage treatment plants,
the cost of which, in whole or in part, is to be paid either by the proceeds of
the sale of bonds by the district or assessed against the property directly
benefited or by both methods in proportion, the board shall retain a registered
professional engineer to prepare plans and specifications for the sewers,
drains or sewage treatment plants, which plans and specifications shall be
filed in the office of the secretary of the district.
     (2) The district board may, however, adopt
any plans and specifications they see fit, provided the plans have been
prepared by a registered professional engineer and have been approved by the
Department of Human Services and the Environmental Quality Commission.
     450.170
Levy of taxes. (1)
Assessment and collection of property taxes within the district shall be made
by the county officers charged with assessment and collection of other property
taxes in the county in which the property lies.
     (2) The district board shall fix the
amount of money to be raised by taxation for district purposes and for the
payment of the principal and interest of outstanding indebtedness of the
district which will become due during the year.
     (3) The district board shall, in the
manner and time prescribed by law, transmit to the county assessor a statement
of such taxes. If the board fails to levy a direct ad valorem tax sufficient to
pay the interest on and the maturing principal of all outstanding general
obligation bonds, the county board of any county in which any portion of the
district is included shall levy such tax which shall be extended and collected
the same as all other sanitary district taxes. [Amended by 1969 c.563 §16]
     450.175
Collection of taxes. (1)
Taxes levied under ORS 450.170 shall be collected at the same time and in the
same manner as county taxes are collected, and when collected shall be paid to
the district.
     (2) The taxes shall be a lien upon the
property against which they are levied in the sanitary district and shall be of
the same force and effect as other liens for taxes. Their collection shall be
enforced by the same means as provided for the enforcement of liens for state
and county taxes. [Amended by 2001 c.373 §5]
     450.177
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 §30]
     Note: 450.177 was added to and made a part of
450.005 to 450.245 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     450.178 [1971 c.532 §2; repealed by 1983 c.350 §331a]
     450.182 [1971 c.532 §3; repealed by 1983 c.350 §331a]
     450.186 [1971 c.532 §4; repealed by 1983 c.350 §331a]
     450.190 [1971 c.532 §5; repealed by 1983 c.350 §331a]
     450.194 [1971 c.532 §6; repealed by 1975 c.647 §53]
     450.198 [1971 c.532 §7; repealed by 1983 c.350 §331a]
     450.202 [1971 c.532 §8; repealed by 1983 c.350 §331a]
     450.205 [Amended by 1957 c.671 §3; 1969 c.563 §17;
repealed by 1971 c.727 §203]
     450.207 [1957 c.671 §5; 1969 c.563 §18; repealed by
1971 c.727 §203]
     450.210 [Amended by 1957 c.671 §6; 1969 c.563 §19;
repealed by 1971 c.727 §203]
(Annexation)
     450.215
Plans for division and disposal of properties. (1) If territory proposed to be annexed is
within the limits of another sanitary district, the board of the district to
which annexation is proposed and the board of such other district shall meet
with each other prior to the hearing on the annexation petition to agree upon a
division and disposal of the properties of the other district that lie within
the territory proposed to be annexed. An agreement between the boards is
effective only in the event the proposed annexation is approved by the
electors.
     (2) The plan of division of properties
provided for in subsection (1) of this section shall be arrived at by giving
consideration to the assessed valuation of the other district as a whole, the assessed
valuation of the territory to be annexed, the types of properties and their
location and intended use. If a plan of division of properties is agreed upon,
the plan shall be reduced to writing and, if the proposed annexation is
approved by the electors, shall be binding upon the districts party to the plan
and upon all other interested persons. [Amended by 1957 c.671 §7; 1969 c.563 §20;
1971 c.727 §123]
     450.220 [Amended by 1957 c.671 §8; 1969 c.563 §21;
repealed by 1971 c.727 §203]
     450.225
Effective date of annexation; disposition of properties in territory;
liabilities and indebtedness of territory; filing of report. (1) If the territory annexed to the district
was, prior to the vote on the petition for annexation, within the limits of
another sanitary district, the effective date of the annexation shall be the
effective date of the withdrawal from the other district of the territory
previously within its limits.
     (2) Unless a plan for division of
properties has been agreed upon as provided in ORS 450.215 (2), the district
from which the territory has been withdrawn shall proceed to turn over to the
district to which the territory has been annexed, its properties in the
territory withdrawn. The provisions of ORS 222.560 shall govern the method and procedure
by which such division of properties shall be made.
     (3) Notwithstanding subsection (2) of this
section, the district to which the territory was annexed may, in the sound
discretion of its board, assume such obligations if the obligations do not bring
the total of the districtÂ’s obligation above any applicable limitations
prescribed by law or otherwise. When the district assumes such obligations, it
shall be liable to the other district, as provided by ORS 222.520 (2)(a) or
(b), at the option of the annexing district. After the district agrees to make
the payments referred to in this subsection, neither the annexing district nor
the annexed territory shall be charged by the other district with any future
liabilities, obligations or functions of the other district.
     (4) Within 30 days after the effective
date of the county boardÂ’s order of annexation, the secretary of the annexing
district shall file a written report with the Environmental Quality Commission,
stating the name of the district and the date of the county boardÂ’s order of
annexation, and shall furnish with the report a map of the district boundaries
as they are after the annexation. [Amended by 1957 c.671 §10; 1969 c.563 §22;
1971 c.727 §124]
     450.227 [1957 c.112 §§2,3,4; 1967 c.137 §1; 1969
c.563 §23; repealed by 1971 c.727 §203]
     450.228 [1957 c.671 §9; 1969 c.563 §24; repealed by
1971 c.727 §203]
     450.230 [Amended by 1957 c.671 §11; 1969 c.563 §25;
repealed by 1971 c.727 §203]
     450.235 [Amended by 1969 c.563 §26; repealed by 1971
c.727 §203]
     450.237 [1961 c.679 §§2,3; repealed by 1971 c.727 §203]
     450.239 [1961 c.679 §§4,5; 1969 c.563 §27; repealed
by 1971 c.727 §203]
     450.240 [Repealed by 1957 c.401 §6]
     450.242 [1961 c.679 §§6,7,8; 1969 c.563 §28;
repealed by 1971 c.727 §203]
(Miscellaneous)
     450.245
Application of ORS 450.005 to 450.245 to districts organized under former laws;
savings clause. (1) Sanitary
districts organized under chapter 385, Oregon Laws 1935, which were exercising
the functions of sanitary districts on July 16, 1949, are vested with all
rights, powers and obligations prescribed in ORS 450.005 to 450.245 and, after
July 16, 1949, shall conduct their business in accordance with and be subject
to those sections.
     (2) No right or obligation incurred by the
formation of a sanitary district pursuant to the provisions of chapter 385,
Oregon Laws 1935, as amended by chapter 402, Oregon Laws 1941, is affected by
the repeal of those provisions.
(Districts
With Valuation Less Than $250,000)
     450.250
Definitions for ORS 450.250 to 450.300. (1) “District” means a sanitary district duly organized under the
provisions of ORS 450.005 to 450.245, having an assessed valuation of not more
than $250,000.
     (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 boundaries of a district. [1955 c.577 §1; 1959
c.157 §9]
     450.255
Districts eligible for state help in financing sewerage systems. Districts that have been certified by the
Environmental Quality Commission as being in need of sewerage systems may apply
to the State Treasurer for the financing of such costs under authority of ORS
450.250 to 450.300. The Environmental Quality Commission shall certify to the
State Treasurer, in writing, a list of the districts that are in dire need of
sewerage and sanitation facilities. [1955 c.577 §2; 1959 c.574 §1]
     450.260
Conditions precedent to financing application. A district shall not apply to the State
Treasurer for financing under ORS 450.250 to 450.300 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 district and the estimated cost of the system and of the
appurtenances thereto.
     (2) It submits to the State Treasurer the
proposed plan of the district for liquidation of indebtedness to be incurred
for financing the cost of such system or facilities. [1955 c.577 §3]
     450.265
Bonds issued by district pursuant to ORS 450.250 to 450.300 are subject to
State Treasurer control; refunding bonds issuable. The bonds issued by districts pursuant to
ORS 450.250 to 450.300 shall bear such dates, be in such form, run for such
periods of time, bear such rates of interest, and be sold by the districts at
such prices as the State Treasurer may determine. Refunding bonds of like
obligation may be issued to replace outstanding bonds, provided the refunding
bonds are sold publicly upon competitive bids. [1955 c.577 §4; 1981 c.94 §38]
     450.270
Powers of State Treasurer in connection with ORS 450.250 to 450.300. (1) The State Treasurer shall be the sole
judge as to whether state funds shall be invested in the bonds of a district
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. The State Treasurer further may
employ licensed engineers, at the cost of the district, to make such a study
for the district and for the State Treasurer.
     (3) The State Treasurer, in the discretion
of the State Treasurer, may purchase with moneys from the revolving fund
provided by ORS 450.250 to 450.300, general obligation sewerage system bonds of
any district, issued under authority of ORS 450.250 to 450.300. If the State
Treasurer deems it expedient in the acquisition and construction of a sewerage
system for a district to furnish sewerage service for territory that is
contiguous to or outside the boundaries of the district, the State Treasurer
may authorize the district to furnish such service and to construct part of its
system outside its boundaries for such purpose.
     (4) The State Treasurer may authorize
districts 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 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 specify the
procedure to be followed by a district in availing itself of the provisions of
ORS 450.250 to 450.300. [1955 c.577 §5]
     450.275
State Treasurer approval of other bond issues by district whose bonds are owned
by state. So long as any of
the sewerage bonds of the district are owned by the state, the district shall
not issue other bonds of any character without prior written approval of the
State Treasurer. [1955 c.577 §6]
     450.280
Circumstances and conditions under which State Treasurer may purchase sewerage
system bonds. (1) The State
Treasurer may purchase from a district at private sale sewerage system bonds
bearing interest at a rate agreed upon by the State Treasurer and the district.
The bonds shall qualify for investment by the state only if the sewer
connection charges and revenues of the sewerage system of the issuing district,
after the payment of operation and maintenance expenses, are pledged wholly to
the payment of the principal of and interest upon the bonds, and the issuing
district shall covenant to levy ad valorem taxes upon all of the taxable
property within its boundaries to meet deficiencies in the charges and revenues
pledged, and only if the combined indebtedness for all public purposes, other
than state or federal, within the boundaries of the district, 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 25 percent of the total real market value of
all taxable property within the district as reflected in the last roll
certified under ORS 311.105. The limitation shall apply only to districts that
finance the costs of their sewerage systems under ORS 450.250 to 450.300. The
limitation shall include the ratios of indebtedness to the total valuation, determined
in like manner, of other subdivisions that overlap the district to an extent of
more than 50 percent of the total value of the district. Indebtedness within
the 25 percent limitation may be incurred by a district if approved by the
electors of the district at an election called and held for that purpose.
Notwithstanding that 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 bonds purchased by the state from the district. The
additional issues shall be on a parity with previous issues as to the pledge of
charges and revenues. In order to complete the financing of a sewerage system,
after bonds payable as to principal and interest from revenues and ad valorem
taxation have been issued, the State Treasurer may purchase issues of general
obligation sewerage system bonds of districts, payable only from ad valorem
property taxes, provided such issues, together with other obligations of the
district, do not exceed the debt limits specified in this section.
     (2) All bonds heretofore issued under
authority of ORS 450.250 to 450.300 and sold to the state, and the proceedings
under which they were issued, are approved, validated, ratified, and confirmed,
and the bonds are the valid and legally binding general obligations of the
issuing district. [1955 c.577 §7; 1957 c.121 §1; 1959 c.574 §2; 1971 c.647 §91;
1981 c.94 §39; 1981 c.804 §101; 1991 c.459 §403; 1995 c.79 §224]
     450.285
State Sanitary District Sewer Bond Fund. (1) The State Sanitary District Sewer Bond Fund is established
separate and distinct from the General Fund. Moneys in the State Sanitary
District Sewer Bond Fund are continuously appropriated to the State Treasurer
for investment under authority of ORS 450.250 to 450.300, and for payment of
costs of the State Treasurer in connection with the investment.
     (2) The earnings of the fund established
under this section shall accrue to the General Fund, and the amounts received
in payment of the principal of investments of the fund established under this
section shall be credited to the General Fund, to be available for the payment
of general governmental expenses.
     (3) The State Treasurer may engage such
assistance and incur such expenses to carry out the purposes of ORS 450.250 to
450.300 as may be necessary. [1955 c.577 §8; 1957 c.702 §1; 1957 s.s. c.14 §1;
1963 c.341 §4; 2005 c.755 §39]
     450.290
Provisions concerning liquidation of indebtedness incurred by district
financing sewerage system under ORS 450.250 to 450.300. (1) Each district financing the cost of a
sewerage system under authority of ORS 450.250 to 450.300 shall submit to the
State Treasurer for approval, a schedule of its rates and sewer connection
charges, and proposed method of collection thereof. The rates and charges shall
be such as, in the judgment of the State Treasurer, are sufficient to pay the
operation and maintenance costs of the system and to liquidate, during the
period approved by the State Treasurer, the indebtedness incurred by the
district in the construction of the system. The State Treasurer may further
require as part of the agreement to purchase the bonds of the district, that
the district levy and collect assessments in the manner provided by ORS 450.005
to 450.245, and that it pledge the receipts from such assessments, both
principal and interest, to the payment of its bonds and the interest thereon.
The district shall be fully authorized to levy and collect such assessments
against properties within or without the boundaries of the district, that will
be benefited by the sewerage system of the district. Should the receipts of the
district prove inadequate to pay such costs and such indebtedness, the State
Treasurer may direct the district to increase its rates and charges to make the
sewerage project self-supporting and self-liquidating, and the district
thereupon shall establish the rates and charges prescribed by the State
Treasurer.
     (2) If the district 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 charges for use of or connection
with a sewerage system shall be certified to the assessor of the county or
counties in which the district 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 said charges shall
constitute liens upon the real property of the corporation or person against
whom they are assessed.
     (3) The district shall obtain from the
State Treasurer approval of its annual budgets and tax levies before they are
certified to the clerk and assessor of the county in which the district is
located, for extension upon the county tax rolls. [1955 c.577 §9; 1991 c.459 §403a]
     450.295
Refinancing indebtedness of district; court-appointed receiver may operate
system. If any district
fails to meet, when due, any obligations sold to the state under authority of
ORS 450.250 to 450.300, the State Treasurer and the district may agree upon and
put into effect, any plan they may consider expedient for refinancing the
indebtedness of the district, or the State Treasurer, with the approval of the
circuit court of the county in which the major portion of the assessed
valuation of the district is located, may appoint a receiver to operate the
sewerage system. The receiver shall act as such so long as the circuit court
deems receivership necessary to protect the interests of the state and of the
district. [1955 c.577 §10]
     450.300
Duty of treasurer to keep funds separate and to withhold tax receipts for bond
payments; liability of treasurer. The treasurer of each district that finances the cost of a sewerage
system or facilities under authority of ORS 450.250 to 450.300 shall keep
collections or assessments for sewerage service and sewer connection fees
separate and distinct from other funds of the district 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 district. For
failure to account for sewerage revenues and taxes as provided in this section,
such treasurers shall be liable upon their official bonds. [1955 c.577 §11]
(Sanitary
District Sewerage System Revolving Fund)
     450.303
Purchase of general obligation bonds of sanitary districts; Sanitary District
Sewerage System Revolving Fund.
(1) Any sanitary district in the state having an actual value in excess of
$750,000, that has not been able to sell its general obligation bonds on the
market upon competitive bids or has not been able to obtain a bid for its bonds
pursuant to notice of sale of the bonds published in a newspaper of general
circulation printed and published for a period of two consecutive weeks in the
county in which the major portion of the assessed value of the district is
located, may sell its bonds to the State of Oregon, if the bonds are approved
for investment by the State Treasurer. For the purposes of this section, actual
value shall be determined in the manner prescribed by ORS 450.120. Bonds issued
under authority of this section, together with other outstanding indebtedness
of the district, shall not exceed in the aggregate 15 percent of the actual
value of the district. For the purposes of this section, the 15 percent
limitation shall supersede the limitation imposed by ORS 450.120 or any other
law in conflict with this section. Only bonds authorized and issued in
compliance with ORS 450.005 to 450.080, 450.085 to 450.115, 450.125 to 450.245
and the provisions of this section may be purchased by the State of
     (2) The Sanitary District Sewerage System Revolving
Fund is established separate and distinct from the General Fund. Moneys in the
Sanitary District Sewerage System Revolving Fund are continuously appropriated
to the State Treasurer for investment under the authority of this section. The
interest paid on the investments purchased pursuant to this section shall be
credited to the General Fund of the State of
     450.305 [Repealed by 1969 c.25 §1]
     450.310 [Repealed by 1969 c.25 §1]
     450.315 [Repealed by 1969 c.25 §1]
     450.320 [Repealed by 1969 c.25 §1]
     450.325 [Repealed by 1969 c.25 §1]
     450.330 [Repealed by 1969 c.25 §1]
     450.335 [Repealed by 1969 c.25 §1]
     450.340 [Repealed by 1969 c.25 §1]
     450.345 [Repealed by 1969 c.25 §1]
     450.350 [Repealed by 1969 c.25 §1]
     450.355 [Repealed by 1969 c.25 §1]
     450.360 [Repealed by 1969 c.25 §1]
     450.365 [Repealed by 1969 c.25 §1]
     450.370 [Repealed by 1969 c.25 §1]
     450.375 [Repealed by 1969 c.25 §1]
     450.380 [Repealed by 1969 c.25 §1]
     450.385 [Repealed by 1969 c.25 §1]
     450.390 [Repealed by 1969 c.25 §1]
     450.395 [Repealed by 1969 c.25 §1]
     450.400 [Repealed by 1969 c.25 §1]
     450.405 [Repealed by 1969 c.25 §1]
     450.410 [Repealed by 1969 c.25 §1]
     450.415 [Repealed by 1969 c.25 §1]
     450.420 [Repealed by 1969 c.25 §1]
     450.425 [Repealed by 1969 c.25 §1]
     450.430 [Repealed by 1969 c.25 §1]
     450.435 [Repealed by 1969 c.25 §1]
     450.440 [Repealed by 1969 c.25 §1]
     450.445 [Repealed by 1969 c.25 §1]
     450.450 [Repealed by 1969 c.25 §1]
     450.455 [Repealed by 1969 c.25 §1]
     450.460 [Repealed by 1969 c.25 §1]
     450.465 [Repealed by 1969 c.25 §1]
     450.470 [Repealed by 1969 c.25 §1]
     450.475 [Repealed by 1969 c.25 §1]
     450.480 [Repealed by 1969 c.25 §1]
     450.485 [Repealed by 1969 c.25 §1]
     450.490 [Repealed by 1969 c.25 §1]
     450.495 [Repealed by 1969 c.25 §1]
     450.500 [Repealed by 1969 c.25 §1]
     450.505 [Repealed by 1969 c.25 §1]
     450.510 [Repealed by 1969 c.25 §1]
     450.515 [Repealed by 1969 c.25 §1]
     450.520 [Repealed by 1969 c.25 §1]
     450.525 [Repealed by 1969 c.25 §1]
     450.530 [Repealed by 1969 c.25 §1]
     450.535 [Repealed by 1969 c.25 §1]
     450.540 [Repealed by 1969 c.25 §1]
     450.545 [Repealed by 1969 c.25 §1]
     450.550 [Repealed by 1969 c.25 §1]
     450.555 [Repealed by 1969 c.25 §1]
     450.560 [Repealed by 1969 c.25 §1]
     450.565 [Repealed by 1969 c.25 §1]
     450.570 [Repealed by 1969 c.25 §1]
     450.575 [Repealed by 1969 c.25 §1]
     450.580 [Repealed by 1969 c.25 §1]
JOINT WATER
AND SANITARY AUTHORITIES
     450.600
Joint authorities; formation; election of directors upon formation; first
terms. (1) A joint water and
sanitary authority may be formed as provided in ORS 198.705 to 198.955.
     (2) Five or seven directors of the board
of the joint water and sanitary authority shall be elected at the election for
formation of the joint water and sanitary authority, according to the number
set forth in the petition for formation.
     (3) When the effective date of the
formation of the joint authority occurs in an odd-numbered year:
     (a) If the governing body of the joint
authority is a board of directors of five members, three district board members
shall be elected for four-year terms and the other two district board members
shall be elected for two-year terms; and
     (b) If the governing body of the joint
authority is a board of directors of seven members, four district board members
shall be elected for four-year terms and the other three district board members
shall be elected for two-year terms.
     (4) When the effective date of the
formation occurs in an even-numbered year:
     (a) If the governing body of the joint
authority is a board of directors of five members, three district board members
shall be elected for three-year terms and the other two district board members
shall be elected for one-year terms; and
     (b) If the governing body of the joint
authority is a board of directors of seven members, four district board members
shall be elected for three-year terms and the other three district board
members shall be elected for one-year terms.
     (5) The terms of the members of the first
board shall be determined by lot at the first meeting of the board after the
election. [1993 c.577 §1]
     450.605
Formation of joint authority by consolidation; transfer of property, rights and
powers to consolidated authority. (1) In addition to formation under ORS 198.705 to 198.955, a joint
water and sanitary authority may also be formed by consolidation of a water
authority and a sanitary authority as provided by ORS 450.610 to 450.630 if the
consolidation is approved by the electors or if it is approved by a local
government boundary commission as provided by ORS 199.480 (1)(c). The
authorities included in the consolidation shall be considered joined into a
single new joint authority.
     (2) If the consolidation is approved, the
authority boards and officers of the consolidating authorities shall turn over
to the board of the successor authority all funds, property, contracts and
records of the consolidating authorities. Upon the effective date of the
consolidation, the successor joint authority shall:
     (a) Succeed to all the property,
contracts, rights and powers of the consolidating authorities, and shall
constitute and be a regularly organized authority as if originally organized in
the manner provided by ORS 198.705 to 198.955;
     (b) Have the right to receive uncollected
taxes, assessments or charges levied by the consolidating authorities and upon
collection to credit the taxes, assessments or charges to the account of the
successor joint authority; and
     (c) Subject to any debt distribution plan
adopted under ORS 450.615, become liable for all the obligations, legal or
contractual, of the consolidating authorities. [1993 c.577 §2]
     450.607
Formation of joint authority that includes city or district by consolidation;
formation within urban growth boundary; transfer of property to consolidated
authority. (1) In addition
to formation under ORS 198.705 to 198.955, a joint water and sanitary authority
may be formed by consolidation of a water authority and a sanitary authority or
by the consolidation of a water authority or sanitary authority and any
combination of cities or districts as provided by ORS 450.610 to 450.630 if the
consolidation is approved by the electors or if it is approved by a local
government boundary commission as provided in ORS 199.480 (1)(c). The entities
included in the consolidation shall be considered joined into a single new
joint authority. Except for the consolidation of an existing water authority
and sanitary authority, if the consolidating entities are within the urban
growth boundary of a city or the city provides water supply, wastewater
treatment or surface water management and treatment, then the consolidating
entities must:
     (a) Obtain consent for the consolidation
by resolution of the affected city or district prior to calling an election; or
     (b) Comply with the formation procedures
set forth in ORS 450.600 and satisfy the requirements of ORS 450.787.
     (2) If the consolidation is approved, the
governing bodies of the affected entities and officers of the consolidating
entities shall turn over to the board of the successor authority all funds,
property, contracts and records of the consolidating entities. Upon the
effective date of the consolidation, the successor joint authority shall:
     (a) Succeed to and hold the property,
contracts, rights and powers of the consolidating entities with respect to
water-related services and be a regularly organized authority as if originally
organized in the manner provided by ORS 198.705 to 198.955;
     (b) Have the right to receive the
uncollected taxes, assessments or charges levied by the consolidating entities
and, upon collection, to credit the taxes, assessments or charges to the
account of the successor joint authority; and
     (c) Subject to any debt distribution plan
adopted under ORS 450.615, become liable for all the legal or contractual
obligations of the consolidating entities. [1997 c.590 §6]
     Note: 450.607 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 450 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     450.610
Initiation of proceedings for consolidation; resolution by governing bodies. (1) Consolidation into a joint water and
sanitary authority may be initiated by resolution adopted or approved by two or
more authorities or district or city governing bodies. However, of the entities
initiating the proceedings for consolidation, at least one must be an authority
formed under this chapter while the others may consist of any combination of
districts or cities. A resolution adopted or approved under this subsection
shall state the names of the affected entities and the name of the successor
joint authority.
     (2) When proceedings have been initiated
as provided in subsection (1) of this section, and the consolidating entities
are subject to the jurisdiction of a local government boundary commission, the
initiating documents shall be filed with the boundary commission as provided by
ORS 199.476. [1993 c.577 §3; 1997 c.590 §7]
     450.615
Contents of resolution; debt distribution plan; dissolution of existing
entities. (1) A resolution
proposing consolidation of a water authority and a sanitary authority shall
state the number of members to be on the board of directors of the joint water
and sanitary authority.
     (2) A resolution proposing consolidation
of a water authority and a sanitary authority may include a debt distribution
plan to be voted upon as a part of the proposal. The plan may provide for any
distribution of indebtedness and may require that a consolidating authority
remain solely liable for all or any portion of any indebtedness outstanding at
the time of the consolidation.
     (3) A resolution proposing consolidation
into a joint water and sanitary authority may include a declaration that some
or all of the existing water or sanitary authorities or districts proposing
consolidation shall be dissolved upon formation of the joint authority.
     (4) If the consolidation is approved, the
board of the successor joint authority shall, in accordance with the debt
distribution plan, levy taxes and assessments for the liquidation of any prior
existing indebtedness. Such a levy shall be subject to the principal Act of the
consolidated authority. [1993 c.577 §4; 1997 c.590 §8]
     450.620
Assembly of governing bodies; order for election on consolidation. (1) When the governing body of each affected
entity has adopted or approved a resolution pursuant to ORS 450.615, the
governing body of the affected entity having the largest population according
to the most recent federal decennial census shall call a joint assembly of the
governing bodies of the affected entities. The governing body calling the joint
assembly shall specify the time and place of the assembly. The secretary of the
governing body shall give notice of the assembly to each member of the
governing body of each affected entity. The notice shall be given by certified
mail.
     (2) At the joint assembly, a majority of
the members of each governing body constitutes a quorum for the transaction of
business.
     (3) The assembly, by a majority of all
members present, shall adopt an order calling an election in each affected
authority. The order shall include the matters specified in ORS 198.745. [1993
c.577 §5; 1997 c.590 §9]
     450.625
Election result; certification.
The governing body of each affected entity shall meet separately not later than
the fifth day after receiving from the county clerk the abstract of the votes
cast in the election on consolidation. At the meeting, the governing body of
the entity shall determine the result of the election and certify the result. [1993
c.577 §6; 1997 c.590 §10]
     450.630
Joint meeting of governing bodies after approval of consolidation; declaration
of consolidation; election of board. (1) If the proposal for consolidation is approved by a majority of the
votes cast in each affected authority or is approved by a local government
boundary commission, the governing body of the authority with the largest
population according to the most recent federal decennial census shall call a
joint meeting of the governing bodies of the affected authorities. The meeting
shall be held at a time and place designated by the governing body calling the
meeting, not later than 10 days after the canvass of the vote in the authority
last canvassed. The secretary of the authority calling the meeting shall give
notice of the time and place of the meeting to each member of the governing
body of each affected authority.
     (2) At the joint meeting, a majority of
the members of the governing body of each affected authority constitutes a
quorum for the transaction of business. The members so assembled shall from
among the members elect five or seven persons to serve as board members of the
successor joint authority until June 30 following the next regular district
election as defined in ORS 255.005. The board so elected shall immediately meet
and organize and shall by resolution declare the joint water and sanitary
authority formed. From the date of adoption of the resolution the consolidation
is complete.
     (3) At the first regular election held in
the joint water and sanitary authority after consolidation, five or seven board
members shall be elected. The terms of office of the members elected shall be
determined by lot at their first meeting after their election. When the
resolution proposing consolidation provides for a five-member board for the
joint water and sanitary authority, the terms of three of the members first
elected to the board shall expire on June 30 next following the date of the
first regular district election in the joint authority. The terms of the
remaining two members shall expire on June 30 next following the date of the
second regular district election in the joint authority. When the resolution
proposing consolidation provides for a seven-member board for the joint water
and sanitary authority, the terms of four of the members first elected to the
board shall expire on June 30 next following the date of the first regular
district election in the joint authority. The terms of the remaining three
members shall expire on June 30 next following the date of the second regular
district election in the joint authority. [1993 c.577 §7]
     450.635
Board of directors of joint authority; number; terms; qualifications. (1) The governing body of a joint water and
sanitary authority shall be a board of directors of five or seven members,
based upon the number of board members specified in the petition for formation
or in the resolution proposing consolidation of a water authority and a
sanitary authority into the joint water and sanitary authority.
     (2) Each director elected shall hold
office from July 1 next following election.
     (3) The term of office of a director of a
joint water and sanitary authority is four years. However, each director shall
hold office until the election and qualification of a successor.
     (4) The board of directors of the joint
water and sanitary authority shall fill any vacancy on the board as provided in
ORS 198.320.
     (5) Any elector residing within the joint
water and sanitary authority is qualified to be a member of the board of
directors of the joint authority.
     (6) Notwithstanding subsection (5) of this
section, a person who is an employee of a joint water and sanitary authority is
not qualified to serve as a director of the joint water and sanitary authority
by which the person is employed. [1993 c.577 §9]
     450.640
Powers of joint authority; issuance of revenue bonds. (1) Except as otherwise provided in this
section, a joint water and sanitary authority possesses all the duties,
functions and powers granted to water authorities and to sanitary authorities
under ORS 450.600 to 450.989.
     (2) Revenue bonds issued by a joint water
and sanitary authority shall be issued as prescribed in ORS chapter 287A. [1993
c.577 §10; 2007 c.783 §186]
     450.645
Election laws applicable.
(1) ORS chapter 255 governs the following:
     (a) The nomination and election of the
members of the board of directors of a joint water and sanitary authority.
     (b) The conduct of elections in the joint
authority.
     (2) The members of the board of directors
of a joint water and sanitary authority shall be elected at large by position
number by the electors of the district. [1993 c.577 §8]
WATER
AUTHORITIES
     450.650
Board of directors; terms; qualifications. (1) The governing body of a water authority shall be a board of
directors of five or seven members.
     (2) The term of office of a director of a
water authority is four years.
     (3) Any elector residing within the
proposed water authority is qualified to be a member of the board of directors
of the authority.
     (4) Notwithstanding subsection (3) of this
section, a person who is an employee of a water authority is not qualified to
serve as a director of the water authority by which the person is employed. [1987
c.863 §4; 1989 c.809 §2; 1993 c.577 §21]
     450.655
Methods of election of authority directors. (1) The directors of a water authority may be elected by one of the
following methods:
     (a) Elected by the electors of zones as
nearly equal in population as feasible according to the latest federal
decennial census.
     (b) Elected at large by position number by
the electors of the district.
     (2) Candidates for election from zones
shall be nominated by the electors of the zones.
     (3) If the directors of the water
authority are elected from zones, the board of the water authority, after each
federal decennial census, shall adjust the boundaries of the zones to make them
as nearly equal in population as feasible. [1987 c.863 §5; 1993 c.577 §22]
     450.658
Election of directors; terms.
(1) Five or seven directors of the water authority shall be elected at the
election for formation of the authority or, if no election is held on the
question of formation, at the election held under ORS 198.825.
     (2) When the petition or resolution
proposing formation provides for a five-member board for the water authority,
the terms of three of the members first elected to the board shall expire on
June 30 next following the date of the first regular district election in the
water authority. The terms of the remaining two members shall expire on June 30
next following the date of the second regular district election in the water
authority. When the petition or resolution proposing formation provides for a
seven-member board for the water authority, the terms of four of the members
first elected to the board shall expire on June 30 next following the date of
the first regular district election in the water authority. The terms of the
remaining three members shall expire on June 30 next following the date of the
second regular district election in the water authority. [1987 c.863 §6; 1993
c.577 §23]
     450.660
Water authority formation. A
water authority may be formed by any of the methods provided for in ORS 450.665
to 450.680 or 450.785. [1987 c.863 §2; 1993 c.577 §24]
     450.665
Formation of authorities under special districts law. A water authority may be formed as provided
in ORS 198.800 to 198.825 except that:
     (1) A petition for formation shall be
signed by not less than 100 electors registered in the territory subject to the
petition and shall state the number of members to be on the board of directors
of the proposed authority.
     (2) In its order creating the water
authority, the county board shall prescribe the method of election of the board
of the proposed authority from among the methods described in ORS 450.655. If
the county board determines that the directors of the water authority shall be
elected from zones, the county board shall establish and describe the zones,
using streets and other generally recognizable features. [1987 c.863 §3; 1993
c.577 §25]
     450.670 [1987 c.863 §9; 1989 c.809 §6; renumbered
450.987 in 1989]
     450.675
Formation of authorities from areas within one or more counties. Any portion of one or more counties,
including both incorporated and unincorporated areas as well as areas within
domestic water supply districts, county service districts for water supply
works and other districts may be formed into a water authority under ORS 450.600
to 450.989. Such areas need not be contiguous. [1971 c.504 §3; 1993 c.577 §26]
     450.680
Formation of authorities by cities and water districts. (1) The governing bodies of two or more
cities, two or more water districts or one or more cities and one or more water
districts, when they consider it necessary for the public health, safety and
welfare, may initiate the formation of a water authority by resolution. The
resolution shall set forth the name and boundaries of the proposed water
authority and the number of members to be on the board of directors of the
proposed authority.
The governing
bodies shall file the resolution with the governing body of the principal
county, as defined in ORS 198.705. If any part of the proposed water authority
is within a city, the resolution shall be accompanied by a certified copy of a
resolution of the governing body of the city approving the resolution that
initiates formation of the water authority.
     (2) Upon receipt of the resolution, the
county governing body or boundary commission shall determine that provision of
potable water to the area within the proposed water authority can best be
achieved by creation of a water authority rather than by water districts or
cities. In making this determination, the county governing body shall consider
the following factors:
     (a) The ability of the proposed authority
to provide water service to the area within the proposed authority;
     (b) The effect on both long and short-term
rates for patrons within the proposed authority;
     (c) The impact, if any, of the proposed
water authority on adjacent special districts and cities; and
     (d) Consistency of the proposed water
authority with the adopted comprehensive plan of the county within the
boundaries of the proposed water authority.
     (3) After the county governing body or
boundary commission makes the determination under subsection (2) of this
section, the county governing body shall by order provide for a public hearing
on the proposal. The order shall set forth the date, time and place of the
hearing. Notice of the hearing shall be given in the manner provided by ORS
198.800 except that the notice shall state that the governing bodies of the
cities or water districts have filed a resolution with the county governing
body declaring their intention to initiate formation. The hearing and election
on the proposal, and election of board members, shall be conducted as provided
by ORS 198.800 to 198.825. [1971 c.504 §4; 1983 c.740 §172; 1987 c.863 §11;
1989 c.809 §3; 1993 c.577 §27]
     450.685
Application of certain provisions to authorities. (1) Except as provided by subsection (2) of
this section, ORS 450.070, 450.084, 450.085 and 450.600 to 450.989 apply to a
water authority.
     (2) ORS 450.810 (1), 450.815 (7), (8) and
(9), 450.820 and 450.835 do not apply to a water authority.
     (3) ORS 264.240, 264.250 (2), 264.300 to
264.320 and 264.505 to 264.840 are applicable to a water authority. [1971 c.504
§5; 1989 c.809 §4; 1993 c.577 §28]
     450.690
Public body; authority to issue revenue bonds. A water authority is a public body for the
purposes of ORS chapter 287A, and revenue bonds issued by a water authority
shall be issued in accordance with ORS chapter 287A. [1987 c.863 §8; 1993 c.577
§29; 2007 c.783 §187]
     450.693
Services to other local governments authorized. A water authority may provide any of the
services that it is authorized to provide under ORS 450.600 to 450.989 to other
local governments as defined in ORS 174.116 situated within the boundaries of
the authority at wholesale, retail or a combination of wholesale and retail. [1993
c.577 §13; 2003 c.802 §118]
     450.695
Acquisition of water rights; effect on priority of rights. (1) A water authority may acquire water
rights from any local government as defined in ORS 174.116. Upon request by the
authority if the water right acquired was for municipal use, the Water
Resources Commission shall issue a new water right certificate to the water
authority preserving the previously established priority of water rights.
     (2) In accordance with ORS 540.520 and
540.530, a water authority may change the points of diversion of water or move
the water intake sources as specified in the water right permits or
certificates of those local governments as defined in ORS 174.116 that were
merged into the authority. [1989 c.707 §1; 1993 c.577 §30; 2003 c.802 §119]
     Note: 450.695 and 450.700 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
450 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     450.700
Acquisition of water rights; effect on prior rights. (1) A water authority may acquire water
rights from any city or any district, as defined in ORS 543.655. Upon request
by the authority, the Water Resources Commission shall issue a new water right
certificate to the water authority preserving the previously established
priority of water rights.
     (2) Upon compliance with ORS 540.520 and
540.530, a water authority may change the points of diversion of water or move
the water intake sources as specified in the water right permits of those
districts that were merged into the authority. Upon the filing of notice of
such changes with the Water Resources Department, the changes shall not impair
any water right previously vested in those districts. [1989 c.809 §1; 1993
c.577 §31]
     Note: See note under 450.695.
SANITARY
AUTHORITIES
(Generally)
     450.705
Policy; construction. (1) It
hereby is recognized and declared that the sewage disposal, drainage, insect
control and related problems in many of the areas of the state where the
population is rapidly expanding can best be solved through the cooperative and
integrated effort and support of unincorporated and incorporated areas. It is
the purpose of ORS 450.600 to 450.989 to provide a means whereby such
cooperation and integration can be achieved and ORS 450.600 to 450.989 is to be
construed liberally to accomplish this purpose.
     (2) It is recognized also that potable
water supply problems in many areas of the state where the population is
rapidly expanding can best be solved through the cooperative and integrated
effort and support of unincorporated and incorporated areas. It is the purpose
of ORS 450.600 to 450.989 to provide a means whereby water authorities can be
formed and such cooperation and integration can be achieved and ORS 450.600 to
450.989 is to be construed liberally to accomplish that purpose. [1955 c.614 §1;
1971 c.504 §1; 1993 c.577 §32]
     450.710
Definitions for ORS 450.600 to 450.989. As used in ORS 450.600 to 450.989 unless the context clearly indicates
otherwise:
     (1) “Authority” means a sanitary authority
established under ORS 450.600 to 450.989.
     (2) “Board” means the sanitary authority
board under ORS 450.600 to 450.989.
     (3) “Construction” includes the
acquisition of land or other property for the construction of an installation
and the improvement, enlargement, alteration and reconstruction of an
installation and the acquisition of existing sewage disposal or drainage
systems, or portions thereof.
     (4) “Governing body” means the county
court or board of county commissioners of a county.
     (5) “Owner of land” or “landowner” means a
vendee under a recorded land sale contract or if there is no such contract the
holder of the record title to the land in which vendee or holder has a present
interest equal to or greater than a life estate as shown on the last available
complete assessment roll in the office of the county assessor. [1955 c.614 §2;
1971 c.647 §92; 1983 c.83 §90; 1989 c.809 §7]
(Formation)
     450.715
Areas which may be formed into sanitary authorities. Any portion of one or more counties,
including both incorporated and unincorporated areas as well as areas within
sanitary, drainage and other districts, may be formed into a sanitary authority
under ORS 450.600 to 450.989. Such areas need not be contiguous. [1955 c.614 §3;
1989 c.809 §8]
     450.720 [1955 c.614 §4; repealed by 1971 c.727 §203]
     450.722
Formation of water or sanitary authority may include dissolution of certain
existing districts. (1) When
formation of a water authority or a sanitary authority is proposed, the
petition or resolution for formation under ORS 198.705 to 198.955 or the
resolution or order for formation under ORS 450.600 to 450.989 may include, in
addition to the information required under ORS 198.705 to 198.955 and 450.600
to 450.989, a declaration that some or all of the existing water, sanitary or
drainage districts located entirely within the proposed water authority or
sanitary authority shall be dissolved upon formation of the authority.
     (2) Upon formation of a water authority or
a sanitary authority, the districts declared to be dissolved in the petition,
resolution or order for formation, either as originally filed or as amended by
a local government boundary commission or by a county governing body, are
extinguished upon the effective date of the formation of the water authority or
the sanitary authority. On the effective date of such formation, the water
authority or sanitary authority succeeds to all the assets and becomes charged
with all the liabilities, obligations and functions of the districts. The
district officers shall forthwith deliver to the water authority or sanitary
authority the district assets and records. Uncollected taxes theretofore levied
by such districts shall become the property of the water authority or the
sanitary authority and be delivered to it by the county treasurer upon
collection. [1993 c.577 §11]
     Note: 450.722 was added to and made a part of
450.600 to 450.989 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     450.725 [1955 c.614 §5; repealed by 1971 c.727 §203]
     450.730 [1955 c.614 §6; repealed by 1971 c.727 §203]
     450.735 [1955 c.614 §7; repealed by 1971 c.727 §203]
     450.740 [1955 c.614 §8; repealed by 1971 c.727 §203]
     450.745 [1955 c.614 §9; repealed by 1971 c.727 §203]
     450.750 [1955 c.614 §10; repealed by 1971 c.727 §203]
     450.755 [1955 c.614 §11; repealed by 1971 c.647 §149
and by 1971 c.727 §203]
     450.760 [1955 c.614 §12; repealed by 1971 c.647 §149
and by 1971 c.727 §203]
     450.765 [1955 c.614 §13; 1967 c.609 §10; repealed by
1971 c.647 §149]
     450.770 [1955 c.614 §14; repealed by 1971 c.647 §149
and by 1971 c.727 §203]
     450.775 [1955 c.614 §15; repealed by 1971 c.647 §149
and by 1971 c.727 §203]
     450.780 [1955 c.614 §16; repealed by 1971 c.727 §203]
     450.785
Initiation of formation of sanitary authority by governing body without
petition. In addition to
other methods of initiating proceedings for the formation of a sanitary
authority under ORS 450.705 to 450.860 and 450.865 to 450.945 and when they
consider it necessary for the protection of the public health, safety and
welfare, the governing bodies of one or more counties may on their own motion
initiate the formation of a sanitary authority by order in the manner provided
in ORS 198.835. However, a district proposed to be initiated under this section
need not be located entirely within one county. If the governing body of more
than one county initiates formation of a sanitary authority under this section,
the governing body of the principal county, as that term is defined in ORS
198.705, shall set the date, time and place of the public hearing, give notice
of the hearing, conduct the hearing and call the election as provided in ORS
198.800 to 198.825. [1955 c.614 §17; 1971 c.727 §126; 1983 c.740 §173]
     450.787
Formation of authorities by cities and sanitary or drainage districts. (1) The governing bodies of two or more
cities, two or more sanitary or drainage districts or one or more cities and
one or more districts, when they consider it necessary for the public health,
safety and welfare, may initiate the formation of a sanitary authority by
resolution. The resolution shall set forth the name and boundaries of the
proposed sanitary authority. The governing bodies shall file the resolution
with the governing body of the principal county, as defined in ORS 198.705. If
any part of the proposed sanitary authority is within a city, the resolution
shall be accompanied by a certified copy of a resolution of the governing body
of the city approving the resolution that initiates formation of the sanitary
authority.
     (2) Upon receipt of the resolution, the
county governing body or boundary commission shall determine that provision of
sewage disposal or drainage services to the area within the proposed sanitary
authority can best be achieved by creation of a sanitary authority rather than
by sanitary or drainage districts or cities. In making this determination, the
county governing body shall consider the following factors:
     (a) The ability of the proposed authority
to provide sewage disposal or drainage services to the area within the proposed
authority;
     (b) The effect on both long and short-term
rates for patrons within the proposed authority;
     (c) The impact, if any, of the proposed
authority on adjacent special districts and cities; and
     (d) Consistency of the proposed authority
with the adopted comprehensive plan of the county within the boundaries of the
proposed water authority.
     (3) After the county governing body or
boundary commission makes the determination under subsection (2) of this
section, the county governing body shall by order provide for a public hearing
on the proposal. The order shall set forth the date, time and place of the
hearing. Notice of the hearing shall be given in the manner provided by ORS
198.800 except that the notice shall state that the governing bodies of the
cities or districts have filed a resolution with the county governing body
declaring their intention to initiate formation. The hearing and election on
the proposal, and election of board members, shall be conducted as provided by
ORS 198.800 to 198.825. [1989 c.809 §10]
(Dissolution)
     450.788
Law applicable to dissolution of authority. A water authority or a sanitary authority formed under ORS 450.600 to
450.989 may be dissolved in the manner set forth in ORS 198.920 to 198.955 for
other districts. [1993 c.577 §12]
     Note: 450.788 was added to and made a part of
450.600 to 450.989 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
(Board and
Elections)
     450.790
Sanitary authority board.
(1) The officers of the authority shall be a board of five members elected as
provided in ORS 450.793 and 450.795, a chairperson of the board appointed under
ORS 450.806 and a manager appointed by the board under ORS 450.806.
     (2) Any elector residing within the
proposed authority is qualified to be a member of the board of the authority.
     (3) Notwithstanding subsection (2) of this
section, a person who is an employee of a sanitary authority is not qualified
to serve as a member of the board of the sanitary authority by which the person
is employed. [1955 c.614 §18; 1983 c.350 §270a; 1989 c.809 §5]
     450.793
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 §272b]
     450.795
Nomination and election of first board members; terms. (1) The five persons receiving the highest
number of votes shall be elected as members of the board.
     (2) The terms of the members of the first
board shall be determined by lot at their first meeting after their election.
The terms of two of the members shall expire June 30 next following the date of
the first regular election in the authority. The terms of three of the members
shall expire June 30 next following the date of the second regular election in
the authority. [1955 c.614 §19; 1971 c.647 §97; 1971 c.727 §§127,196; 1973
c.796 §64; 1975 c.647 §38; 1983 c.350 §271]
     450.800
Regular and special elections; terms of members; vacancies. (1) The board may call special elections in
the authority to be held on a date specified in ORS 255.345.
     (2) Except as provided in ORS 450.795, the
term of a board member is four years.
     (3) The board shall fill any vacancy on
the board as provided in ORS 198.320.
     (4) The board may submit to the electors
of the district at the regular election any measure which may properly be
submitted to the electors. [1955 c.614 §20; 1969 c.669 §10; 1971 c.647 §98;
1973 c.796 §65; 1975 c.647 §39; 1983 c.83 §91; 1983 c.350 §272]
     450.802 [1955 c.614 §21; repealed by 1971 c.403 §18]
     450.804 [1955 c.614 §22; repealed by 1969 c.669 §21]
(Powers)
     450.806
General powers of board; selection of board chairperson; appointment of
authority manager. (1) The
board shall be the governing body of the authority and shall exercise all
powers thereof.
     (2) The board shall every two years
appoint one of its members as chairperson to serve for a two-year term. A
chairperson so appointed is eligible for reappointment as chairperson.
     (3) The board shall appoint a
professionally qualified person as manager of the authority. The manager shall
serve at the pleasure of the board and receive such compensation as is fixed by
the board.
     (4) All contracts, deeds, warrants,
releases, receipts and documents of every kind shall be signed in the name of
the authority by the chairperson of the board and shall be countersigned by the
manager of the authority. [1955 c.614 §23]
     450.808
General duties of authority manager. The manager of the authority shall, subject to the direction and
control of the board, serve as the administrator and supervisor of the
functions and operations of the authority and shall perform all duties
prescribed by the board. [1955 c.614 §24]
     450.810
Board may adopt and enforce ordinances for sanitary purposes. (1) The district board may, for the
protection of the health, safety and general welfare of the authority, adopt
and enforce all necessary and proper regulations or ordinances for:
     (a) The control of sewage disposal and
drainage.
     (b) The storage, collection,
transportation and disposal of solid wastes where such regulations are
supplemental to the requirements of the rules 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
in the authority.
     (d) The control of mosquitoes and other
insects.
     (e) All other sanitary purposes not in
conflict with the laws of this state.
     (2) Any general ordinance of the district
board shall be enacted in accordance with ORS 198.510 to 198.600. [1955 c.614 §26;
1967 c.428 §14; 1969 c.593 §39; 1971 c.268 §17; 1971 c.648 §26; 1973 c.835 §163]
     450.815
General powers of authority.
For the purpose of carrying out the powers granted to the authority under other
provisions of ORS 450.600 to 450.989 and in addition thereto, the authority
may:
     (1) Have and use a common seal.
     (2) Sue and be sued in its name.
     (3) Permit the use, by lease or otherwise,
of any property of the authority by any other authority, district, city or
other governmental agency.
     (4) Acquire by purchase, gift, devise,
condemnation proceedings or otherwise, such real and personal property and
rights of way, either within or without the authority, 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.
     (5) Make and accept contracts, deeds,
releases and documents which, in the judgment of the board, are necessary or
proper in the exercise of any of the powers of the authority.
     (6) Employ and pay necessary agents,
employees and assistants.
     (7) Lay its sewers and drains in any
public street, highway 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.
     (8) Compel all residents and property
owners in the authority to connect their houses and structures requiring sewage
disposal with adjacent sewers within the authority.
     (9) Fix sewer charges and rentals.
     (10) Do any act necessary or proper to
effect and carry out the purposes for which the authority was formed pursuant
to ORS 450.600 to 450.989. [1955 c.614 §25; 2001 c.104 §188]
     450.817
Services to other local governments authorized. A sanitary authority may provide any of the
services that it is authorized to provide under ORS 450.600 to 450.989 to other
local governments as defined in ORS 174.116 situated within the boundaries of
the authority at wholesale, retail or a combination of wholesale and retail. [1993
c.577 §14; 2003 c.802 §120]
     Note: 450.817 was added to and made a part of
450.600 to 450.989 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     450.820
Authority may maintain garbage collection system and engage in insect control
activities. In addition to
other powers granted to it under ORS 450.600 to 450.989, the authority may:
     (1) Maintain and operate disposal sites
and garbage collection systems in compliance with the requirements of ORS
459.005 to 459.437, 459.992 (1) and (2) and 466.995 (1).
     (2) Engage in mosquito and other insect
control activities. [1955 c.614 §27; 1967 c.428 §15; 1969 c.593 §40; 1971 c.648
§27]
     450.825
Plan for sewage disposal and drainage to be developed by authority. As soon as practicable after the election of
the first members of the board, the board shall make a study and survey of the
existing sewage disposal facilities and systems in the authority and of its
sewage disposal needs, both present and future, and prepare an overall
coordinated plan for the authority which incorporates, so far as practicable,
existing sewage disposal and drainage systems, future sewage treatment plants,
including connecting trunk and lateral sewers, and future drainage systems.
Such plan shall be revised from time to time as circumstances may require. In
preparing the plan or revisions thereto, the board shall take into
consideration expected fluctuations in population and in business and
industrial activity. [1955 c.614 §28]
     450.830
Authority may construct and operate sewage disposal and drainage systems;
operation beyond authority boundaries. The sanitary authority may construct, maintain or operate sewage
disposal and drainage systems, including sewage treatment plants, trunk and
lateral sewers and drains, or any combination thereof, for any area within the
authority. Portions of such systems may be constructed outside the authority
where necessary or expedient. The authority may furnish sewage disposal service
to areas outside the authority on a contract basis. [1955 c.614 §29]
     450.835
Contract for or purchase of sewage disposal and drainage systems. A sanitary authority may, in performing the
powers conferred by ORS 450.830:
     (1) Contract with any person, or enter
into intergovernmental agreements under ORS chapter 190, for the use or joint
operation of all or any portion of any sewage disposal or drainage system; or
     (2) Purchase all or any portion of any
sewage disposal or drainage system on such terms as are fair and reasonable.
Where the area served by such system, or part thereof, is situated within the
authority, the authority may agree, on such terms as are fair and reasonable,
to furnish sewage disposal or drainage functions for the area then served by
such sewage disposal or drainage system. Under this subsection, as a part of
the purchase agreement and on such terms as are fair and reasonable, the
authority may assume liability for any outstanding bonded or other indebtedness
incurred prior to the time of purchase in connection with the facilities to be
purchased. [1955 c.614 §30; 2003 c.802 §121]
     450.837
Water and sanitary authority as municipality for purpose of enforcing plumbing
code; limitations. (1) Water
authorities and sanitary authorities are municipalities for the purposes of
administering and enforcing the plumbing code as provided under ORS 455.150.
     (2) However, notwithstanding ORS 455.150
(3), a building official appointed by a water authority or sanitary authority
or an inspector acting under the authority and direction of such a building
official shall administer and enforce only that portion of the plumbing code
governing the installation and maintenance of connections between structures
and the mains and sewers of the authority.
     (3) Nothing in this section authorizes a
building official or inspector of a water authority or sanitary authority to
administer or enforce all or part of any specialty code except the plumbing
code.
     (4) A water authority or sanitary
authority shall notify the Director of the Department of Consumer and Business
Services not later than May 1 of each year as to whether the authority will or
will not exercise the code enforcement power granted by this section. [1989
c.809 §11; 1993 c.577 §33; 1995 c.553 §6]
(Finances)
     450.840
Costs for construction and operation of systems and general expenses of sanitary
authority; how borne. (1)
The cost of construction of a sewage disposal system, including treatment
plants and trunk or lateral sewers, or a drainage system shall be borne by the
area directly benefited by the system. The property within such area shall bear
such cost in the manner provided in ORS 450.855.
     (2) The cost of operation and maintenance
of sewage disposal systems and drainage systems shall be borne by the area
directly benefited by such systems. The property within such area shall bear
such cost in the manner provided in ORS 450.880.
     (3) The costs and expenses of the
authority which are not chargeable under ORS 450.600 to 450.989 to any
particular area within the authority such as overall planning, expenses of the
board, conduct of elections and hearings and mosquito and other insect control
shall be borne by the entire authority in the manner provided in ORS 450.885
(1)(a). [1955 c.614 §31]
     450.845
Areas needing sewerage installations to be determined and plans for
installations to be made.
Whenever the board deems it expedient or necessary for the protection of the
public health, safety and welfare to cause to be constructed treatment plants
or trunk or lateral sewers or drains, or any combination thereof, the board
shall determine the proposed boundaries of the area to be directly benefited
thereby and have a registered professional engineer prepare plans and specifications
for such plants, sewers or drains. Such plans and specifications must be
approved by the Department of Human Services and the Environmental Quality
Commission and shall be filed in the office of the authority. Parcels of land
which may be served practicably by lateral sewers or drains connected with
treatment plants or trunk sewers or drains and are not adequately served by
existing plants, sewers or drains, as the case may be, are considered to be
directly benefited by the plants, sewers or drains of the authority. If all or
any portion of the cost of construction is to be specially assessed against
individual property, the engineer shall include in the plans and
specifications, a description of the location and assessed value of each lot,
tract or parcel of land, or portion thereof, to be specially benefited by the
improvement, with the names of the record owners thereof and an estimate of the
unit cost of the improvement to the specially benefited property. [1955 c.614 §32]
     450.850
Hearing on boardÂ’s proposed construction plans and estimated special assessments;
notice of hearing. (1) After
plans and specifications have been prepared and filed as provided in ORS
450.845, the board shall hold a hearing within the authority and may adjourn
the hearings from time to time.
     (2) The board shall post notice of the
time and place of the hearing in at least three conspicuous places in the area
directly benefited, for two weeks prior to the hearing and publish such notice
in a newspaper of general circulation printed and published in the area once a
week for two successive weeks prior to the hearing or, if there is no such
newspaper, in a newspaper of general circulation printed and published in the
county in which the area, or the largest portion thereof, is situated. Such
notice shall contain a statement that the board proposes to construct a sewage
treatment plant or trunk or lateral sewers or drains, or any combination
thereof, for the area and a statement, if special assessments are to be levied
against property specially benefited, showing the estimated total cost of the
improvement which is to be paid for by special assessment of benefited property
and the engineerÂ’s estimated unit cost of the improvement to the specially
benefited property, clearly indicating that this is an estimate and not an
assessment; and set forth the proposed boundaries of the area and that all
interested persons may appear and be heard. [1955 c.614 §33; 1973 c.399 §1]
     450.855
Action board may take at hearing concerning boundaries, installations to be
constructed, costs and financing. At the hearing under ORS 450.850 the board may:
     (1) Modify the proposed boundaries of the
area directly benefited by and to pay for the proposed installations except
that no land in the authority which could not be directly benefited by the
proposed installation may be included and no land in the authority which could
be directly benefited by the proposed installation may be excluded. If it
appears that land should be included in the area which was not included within
the boundaries designated in the notice of the hearing and that the owners of
such land have not appeared at the hearing the board shall adjourn the hearing
and give notice to such owners by registered mail, by certified mail with return
receipt or by posting and publishing notice in the area to be included in
substantially the same manner that notice is given under ORS 450.850 (2). If
the notice is given by registered or certified mail, the notice shall be mailed
at least 10 days prior to the date fixed for the further hearing. The notice
shall contain the date, time and place of the adjourned hearing, a statement
that the board proposes to construct sewage treatment plants or trunk or
lateral sewers or drains for an area within the authority, a description of the
additional area to be included within such area and a statement that all
persons interested may appear and be heard.
     (2) Determine what installations shall be
constructed and the total cost of the construction. The cost of making
engineering plans and specifications shall be borne by the area directly
benefited by the installation as a part of the construction costs.
     (3) Determine the manner in which the
property within the area shall bear the cost of the proposed installations. The
board may provide, in its sound discretion, that the cost shall be borne by
assessments against the property directly benefited, by sewer connection
charges, by collection of sewer service charges in the area or, if general
obligation bonds are to be issued and sold to finance the construction of the
installations, by annual levies of taxes against property in the area, or by
any combination of these methods. If all or a part of the cost of the proposed
installations are to be borne by assessments against the property directly
benefited, the board may, in its sound discretion, levy the assessments in an
amount based upon the engineerÂ’s estimate of the cost, or may delay the
assessments until the total cost of the installation is determined. Such cost
shall be apportioned, so far as practicable, in accordance with the special and
peculiar benefit each parcel of land in the area could receive from the
installation. Where parcels of land in the area are partially or wholly
undeveloped or are devoted to uses which in no way require sewage disposal
service, the board may, in its sound discretion, defer assessing, imposing or
levying all or any part of the assessments, sewer service charges or taxes
against such parcels until the parcels or the undeveloped portions thereof are
connected with the installations.
     (4) Determine the method of financing the
construction of the proposed installations and the amount and type of bonds, if
any, to be issued and sold under ORS 450.895 to 450.920 to finance the
construction of the proposed installations. [1955 c.614 §34; 1973 c.399 §2;
1977 c.621 §1; 1991 c.249 §37]
     450.860
Portion of installation construction costs in an authority chargeable to area
benefited. When in providing
sewage disposal or drainage systems for an area within the authority the board
determines that any portion of sewage treatment plants or trunk or lateral
sewers or drains constructed or acquired, or being constructed or acquired, by
the authority, will be used by the area, a fair and equitable portion of the
original cost of such plants, sewers or drains and of improvements thereto,
less depreciation, shall be charged to the area on an assessment or sewer
service charge basis, or any combination thereof. The proceeds of such
assessments or charges shall be used by the board, in its discretion, for
payment of bonds issued to construct such plants, sewers or drains or for
future improvements or additions to or maintenance of such plants, sewers or
drains. The determination made under this section shall be made at the hearing
of the board in connection with any proposed construction of sewage disposal or
drainage systems for the area. [1955 c.614 §57]
     450.865
Ordinance specifying action of board at hearing; remonstrances. (1) After the board has concluded the
hearing under ORS 450.850 and 450.855 it may adopt an ordinance specifying the
installations to be constructed for the area, the boundaries of the area, the
method of apportioning the construction cost to the area directly benefited,
whether by assessment, by sewer connection charges, by sewer service charges or
annual levy, or combinations thereof, and the method of financing the
construction of the installations. A copy of the ordinance shall be published
once a week for two successive weeks in a newspaper of general circulation
printed and published in the area directly benefited or, if there is no such
newspaper, in a newspaper of general circulation printed and published in the
county in which the area, or the largest portion thereof, is situated.
     (2) If within 30 days after the last
publication of such ordinance written remonstrances against the proposed
construction are filed in the office of the authority by a majority of the
owners of the land in the area directly benefited, no further proceedings shall
be had in connection with the proposed construction. However, a modified
proposal may be initiated within six months thereafter.
     (3) If such remonstrances are not filed by
a majority of the owners of the land in the area directly benefited, the board
may proceed with the construction of the installation in accordance with the
ordinance. [1955 c.614 §35; 1973 c.399 §3]
     450.867
Election on ordinance adopted under ORS 450.865. (1) If the ordinance adopted under ORS
450.865 specifies that all or a part of the cost of construction of the
installation is to be financed through the sale of general obligation bonds of
the authority to be repaid by annual levies of taxes against property in the
area, the board may call an election within the area to be directly benefited
by the construction on the question of whether or not the construction and
financing plan adopted by the ordinance should be implemented by the board. The
date of the election and a brief description of the proposition to be voted upon
shall be included in the ordinance adopted under ORS 450.865.
     (2) If a majority of the electors voting
on the question at the election vote against the proposal, there shall be no
further proceedings in connection with the proposed construction. However, a
modified proposal may be initiated within six months after the date of the
election.
     (3) If a majority of the qualified
electors voting at the election approve the proposal, the board may proceed
with the construction of the installation in accordance with the ordinance,
subject to the right of property owners within the area to remonstrate under
ORS 450.865. [1973 c.399 §6; 1975 c.647 §40; 1983 c.350 §273]
     450.870
Assessments against benefited property. (1) All assessments made pursuant to ORS 450.855 (3) shall be
determined and made by an order of the board adopted in accordance with such
procedures as shall be established by a general ordinance adopted by the board.
Such general ordinance shall establish a procedure for assessing property
directly benefited by the installation, making supplementary assessments and
rebates, notice of the proposed assessment, provide for correction of errors,
establish the form of the assessment order and such other procedures as are
necessary to the adoption of the assessment order. It shall not be necessary to
issue a separate order for each parcel of land, and any number of parcels in
the same area and the same county may be included in one order. A copy of the
order making an assessment, certified and acknowledged by the manager of the
authority, shall be filed with the county clerk of the county in which the land
is located. Upon being filed, the assessment shall constitute a lien against
the land assessed.
     (2) Notice of all assessments levied by an
authority shall be given to the landowner by mail and shall be payable on the
30th day after such notice is mailed unless agreements for payment of such
installments are made pursuant to ORS 223.205 and 223.210 to 223.295. All
assessments shall be paid to the authority and a receipt shall be issued
therefor. From time to time the board shall order the satisfaction of the liens
against lands on which assessments have been paid, and a copy of such order
shall be filed with the county clerk of the county in which the lands are
located. [1955 c.614 §36; 1973 c.399 §4; 1977 c.621 §2; 1995 c.333 §23; 2001
c.215 §8]
     450.875
Collection of delinquent assessments by lien foreclosure procedure; reassessment
procedure. (1) In case the
whole or any portion of the cost of sewage treatment plants, trunk or lateral
sewers or drains is assessed against property directly benefited and the owner
of the property fails to pay the amount of the lien, or any portion thereof, or
the interest thereon, when due, the board 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 and may provide by ordinance a general procedure for the
collection of liens in any manner not inconsistent with law.
     (2) The provisions of ORS 223.405 to
223.485 relating to reassessment shall be available to sanitary authorities
where applicable. [1955 c.614 §37; 2003 c.802 §122]
     450.880
Sewer service charges. (1)
The authority may adopt ordinances imposing sewer service charges within an area
within the authority, for the purpose of financing the improvement, operation
and maintenance of a sewage disposal or drainage system acquired or constructed
by the authority for the area.
     (2) The board may contract with any city
or district serving water in such area to collect such service charges with the
water bills, and the serving agency may cut off water for nonpayment of such
service charges. The board may pay the water-serving agency for the reasonable
cost of such collection services.
     (3) Service charges may also be collected
and enforced in substantially the manner provided in ORS 454.225. [1955 c.614 §38;
1983 c.740 §174]
     450.885
Tax levies on property in the authority; budget for authority. (1) The authority may, annually as provided
in this section:
     (a) Levy a tax on all the property in the
authority to provide funds with which to pay expenses of the authority and pay
general obligation bonds of the authority which expenses and bonds are not
chargeable under ORS 450.600 to 450.989 to any particular area in the
authority.
     (b) Levy an additional tax on the property
in any particular area within the authority to provide funds with which to pay
any part of the principal and interest on general obligation bonds which are to
be paid by such area where sewer service charges or assessments will not be
sufficient to pay such principal and interest.
     (2) Assessment and collection of taxes
levied on property within the authority shall be made by the county officers
charged with assessment and collection of other property taxes in the county in
which the property lies.
     (3) Each year, immediately after the
necessary records are made, the county assessor of each county in which the
authority is situated shall transmit to the board a statement in writing,
showing the total value of all property within the authority and within each
area within the authority which is subject to levy under subsection (1)(b) of
this section as ascertained for that year from the assessment rolls of each
county in which property of the authority lies.
     (4) The board shall prepare a budget in
the form, manner and time prescribed in the Local Budget Law and in accordance
therewith fix the amount of money to be raised by taxation for carrying out its
functions and activities and for the payment of the principal and interest of
outstanding indebtedness of the authority which will become due during the
year. The board shall determine the amount of taxes to be raised from the
entire authority and the additional amount to be raised from each of the areas
within the authority which are directly benefited by particular installations.
     (5) The board shall, in the manner and
time prescribed by law, transmit to the county assessor of each county a
statement of taxes which are to be collected in such county. If the board fails
to levy taxes under this section sufficient to pay the interest on and the
maturing principal of all outstanding general obligation bonds of the entire
authority or on property in areas which are primarily obligated to pay the
bonds, the governing body of the counties in which the authority is situated
shall cause such taxes to be levied, extended and collected and, if necessary,
cause a tax on all the property in the authority to be levied, extended and
collected to pay general obligation bonds of the authority. However, any levy
against all property in the authority under this subsection shall not alter or
limit the obligation of the area primarily obligated on the bonds as between
such area and the authority. [1955 c.614 §39; 1995 c.79 §225]
     450.890
Collection of taxes; taxes are liens on property. (1) Taxes levied under ORS 450.885 shall be
collected at the same time and in the same manner as county taxes are collected
and, when collected, shall be paid to the sanitary authority. Taxes collected
to pay expenses or obligations of a particular area shall be credited to
separate accounts or funds of the authority to be used for such purposes.
     (2) The taxes shall be a lien upon the
property against which they are levied and shall be of the same force and
effect as other liens for taxes. Their collection shall be enforced by the same
means as provided for the enforcement of liens for county property taxes. [1955
c.614 §40; 1975 c.122 §1; 2001 c.215 §9]
     450.895
Bonds, general obligation or revenue or combination of both; bonds to mature
serially and be paid in installments. The authority may, when authorized by a majority of the votes cast at
an election by electors of the authority, issue general obligation bonds or
revenue bonds, or a combination of both, for the purpose of paying the cost of
acquisition or construction, operation and maintenance of sewage treatment
plants or trunk or lateral sewers or drains for any area or areas within the
authority or to carry out any other purpose authorized under ORS 450.600 to
450.989. Each issue of general obligation bonds shall be the general obligation
of the entire authority but shall be the primary obligation of the area
directly benefited by the sewage treatment plant or trunk or lateral sewers or
drains constructed with the proceeds of each issue of such bonds and paid by
assessment, annual levy or sewer service charges, or combinations thereof, as
determined by the board under ORS 450.855. Revenue bonds shall be payable solely
out of designated revenues of the authority and shall not be deemed to be a
general obligation of the authority or a charge upon its tax revenues. All
bonds issued shall mature serially within not to exceed 30 years from date of
issue, and shall be paid in annual installments of such amounts as will make
the combined amount of principal and interest payable each year as nearly equal
as practicable during the years of payment. [1955 c.614 §41]
     450.897
Bancroft Bonding Act applicable. Sanitary authorities organized under ORS chapter 450 that are in
existence on November 1, 1981, or thereafter, are authorized to use the bonding
provisions of ORS 223.205 to 223.314. [1981 c.351 §1; 1991 c.902 §113; 1997
c.249 §151]
     Note: 450.897 was enacted into law by the Legislative
Assembly but was not added to or made a part of ORS chapter 450 or any series
therein by legislative action. See Preface to Oregon Revised Statutes for
further explanation.
     450.900
Election on bond issues; limitation on indebtedness. (1) Before issuing any bonds under ORS
450.895, the board at a regular meeting shall call an election and submit to
the electors of the authority the question whether bonds of the authority,
either general obligation, revenue, or a combination of both, shall be issued
and sold to raise money for the construction of sewage treatment plants or
trunk or lateral sewers or drains for any area or areas within the authority.
     (2) The order calling a bond election
shall be signed by not less than four members of the board and may submit to
the electors as one proposal the question of issuing bonds to finance one or
more sewage treatment plants or trunk or lateral sewers or drains; or the order
may submit as separate questions the issuance of bonds for any sewage treatment
plants or trunk or lateral sewers or drains in such combinations as the order
may direct.
     (3) The authority’s total outstanding
bonds of all kinds, including improvement bonds of the kind authorized by ORS
223.205 and 223.210 to 223.295, and revenue bonds 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 authority as reflected in
the last roll certified under ORS 311.105. [1955 c.614 §42; 1981 c.804 §102; 1983
c.83 §92; 1991 c.459 §404; 1995 c.79 §226]
     450.905
Notice of bond election.
Notice of a bond election shall contain:
     (1) The information required by ORS
255.085 (3).
     (2) If general obligation bonds, which are
to be paid by particular areas in the authority, are to be issued, a statement
that the bonds will be the general obligation of the entire authority but will
be the primary obligation of the areas in the authority which will be directly
benefited by the sewage treatment plants or trunk or lateral sewers or drains
constructed with the proceeds of the bonds and paid through assessment, annual
levy, or sewer service charges, or combinations thereof, as determined by the
board under ORS 450.855 and designating specifically the boundaries of such area
or areas.
     (3) If revenue bonds are to be issued, a
statement that the bonds will be payable solely out of designated revenues of
the authority and will not be a general obligation of the authority or a charge
upon the tax revenues of the authority. [1955 c.614 §43; 1971 c.647 §99; 1975
c.647 §41; 1989 c.923 §20]
     450.910 [1955 c.614 §44; repealed by 1971 c.647 §149]
     450.915
Issuance of bonds. If, at
the bond election, a majority of the votes cast is in favor of the issuance of
bonds, the board may issue the bonds as prescribed in ORS chapter 287A. [1955
c.614 §45; 1969 c.694 §11; 1975 c.642 §24; 1977 c.188 §4; 1981 c.526 §6; 2001
c.215 §10; 2007 c.783 §188]
     450.920
Disposition of proceeds of sale of bonds. The proceeds of the sale of bonds shall be deposited with the county
treasurer who is custodian of the funds of the authority and shall be placed by
the county treasurer in the sanitary authority fund and credited to a special
account or accounts which are designated for use for the particular purpose or
purposes for which the bond proceeds are to be used. The proceeds of such bonds
shall be used solely for the purpose or purposes indicated in the order calling
for election upon the question of the issuance of the bonds and for no other
purpose. However, the proceeds of the sale of the bonds may be used for payment
of the principal and interest of such bonds and expenses of the formation of
the authority. [1955 c.614 §46]
     450.925
Issuance of refunding bonds.
(1) The board may, without authorization from the electors, issue refunding
bonds for the purpose of refunding outstanding bonds issued under ORS 450.895
to 450.920.
     (2) The provisions of ORS 287A.360 to
287A.380 are applicable to refunding bonds issued and sold under this section.
     (3) The refunding bonds may be issued to
refund bonds originally issued or to refund bonds previously issued for
refunding purposes and for no other purpose. [1955 c.614 §47; 2007 c.783 §189]
     450.930
Redemption of bonds before maturity dates. In its discretion, the board may issue bonds of the authority with
reservation of the right to redeem them for retirement or refunding purposes
prior to the final dates of maturity. [1955 c.614 §48; 1983 c.347 §28]
     450.935 [1955 c.614 §49; 1983 c.124 §11; 1993 c.97 §27;
repealed by 2007 c.783 §234]
     450.940 [1955 c.614 §50; repealed by 1995 c.333 §37]
     450.945
Custody and disbursement of authority funds by county treasurer. (1) The county treasurer of the county in
which the authority, or the largest area thereof, is situated shall be
custodian of all sanitary authority taxes paid to the county treasurer in
accordance with ORS 450.890 and such other funds that the authority may pay to
the county treasurer for deposit to the credit of the authority. The county
treasurer shall pay out moneys of the authority only upon written order of the
board, signed by the chairperson of the board and countersigned by the manager
of the authority. However, where the board has authorized the manager to
approve and order the payment of claims in the amount of $500 or less, the
treasurer shall pay out moneys of the authority on such orders of the manager.
     (2) The order shall specify the name of
the person to whom the money is to be paid, the fund from which it is to be
paid and shall state generally the purpose for which payment is to be made.
     (3) A copy of the order shall be filed in
the records of the board. The county treasurer shall keep the order as a
voucher and shall keep account of the receipts and disbursements of money for
the sanitary authority.
     (4) The county treasurer shall keep
separate accounts and funds, where necessary, to segregate the various
operations and construction projects of the authority.
     (5) Notwithstanding the provisions of
subsections (1) to (4) of this section, any funds of the authority other than
taxes may be deposited, at the discretion of the board, in one or more banks or
savings and loan associations to be designated by the board. Funds deposited in
a bank or savings and loan association shall be withdrawn or paid out only upon
proper order and warrant or check signed by the chairperson and countersigned
by the manager. [1955 c.614 §51; 1975 c.122 §2]
(Programs for
Employees)
     450.947
Contracts for medical, dental and hospital services; insurance for employees;
effect of failure to contract.
(1) An authority may enter into contracts for medical, dental and hospital
services or insurance covering employees of the authority for life, accidental
death and dismemberment, weekly wage indemnity during disability, dental care,
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 or any other
remedial care recognized under the law of this state. [1973 c.399 §8]
     450.949
Payment of contract costs by authority and by employee; multiple contracts;
qualification of insurer or hospital association. (1) The authority 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 authority 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. [1973 c.399 §9]
     450.950 [1955 c.614 §52; repealed by 1971 c.727 §203]
     450.955 [1955 c.614 §53; repealed by 1971 c.727 §203]
     450.960 [1955 c.614 §54; repealed by 1971 c.727 §203]
     450.963
EmployeesÂ’ retirement system.
(1) An authority may establish an employeesÂ’ retirement system pursuant to ORS
450.963 to 450.973. The authority may enter into agreements necessary to
establish the system and carry out the plan and may agree to modifications of
such agreements from time to time.
     (2) The retirement plan may provide for
retirement benefits measured on the basis of services rendered or to be
rendered by an employee, either before or after the date on which such employee
first becomes a member of the retirement plan. The retirement plan may provide
for a minimum of years of service and a minimum and maximum age of retirement
for the employee. [1973 c.399 §10]
     450.965 [1955 c.614 §55; repealed by 1971 c.727 §203]
     450.967
Funding of retirement plan.
The authority may budget and provide for payment into the fund of the
retirement plan an amount sufficient:
     (1) To provide, on an actuarial reserve
basis, the amortized level premium cost of the retirement benefits which, under
the provision of the retirement system, are to be provided by the authority to
its employees who attain the retirement age or retire in accordance with the
terms of the retirement plan.
     (2) To meet the actuarially computed costs
of retirement benefits measured on the basis of services rendered or to be
rendered by an employee before or after the date on which such employee becomes
a member of the retirement plan. [1973 c.399 §11]
     450.970 [1955 c.614 §56; repealed by 1971 c.727 §203]
     450.971
Employee contribution. The
authority may collect, as a contribution from any employee, that percentage of
the salary received by the employee which is necessary to fund on an actuarial
reserve basis the cost of retirement benefits which the employee is required to
provide pursuant to the provisions of the retirement plan. [1973 c.399 §12]
     450.973
Eligibility for retirement plan. Nothing in ORS 450.947 to 450.977 authorizes the authority to budget,
provide for payments or collect contributions to fund retirement benefits for
an individual who is not in the employment of the authority at the time of the
creation of a membership status under a retirement plan. [1973 c.399 §13]
     450.975 [1955 c.614 §58; repealed by 1971 c.727 §203]
     450.977
Tax levy to finance programs under ORS 450.947 to 450.977. Expenses incurred by a district in
establishing programs or providing benefits authorized by ORS 450.947 to
450.977 are expenses for which an authority may levy taxes as provided in ORS
450.885. [1973 c.399 §7]
(Miscellaneous)
     450.980
Procedure for testing proceedings and acts of sanitary authorities. The provisions of ORS 261.605 to 261.630
relating to court proceedings to test the validity of acts and proceedings of
PeopleÂ’s Utility Districts hereby are made applicable, so far as practicable,
to the proceedings and acts of sanitary authorities. [1955 c.614 §59]
     450.985
Authority of South Suburban Sanitary District of
     (2) No recourse shall be had for payment
of a loan made under this section, or interest thereon, against the general
fund of the district, nor shall the credit or taxing power of the district be
deemed to be pledged thereto.
     (3) The governing body of the district,
prior to borrowing money or issuing revenue bonds under subsections (1) and (2)
of this section, must find that the real property tendered as security for the
loan or bonds is:
     (a) Not designated for use as park or open
space land; and
     (b) Surplus to the needs of the district.
     (4) Prior to incurring indebtedness under
subsections (1) and (2) of this section, the governing body of the district
shall adopt an ordinance authorizing the indebtedness and shall submit the
ordinance to the electors of the district for approval. The ordinance shall
take effect and the indebtedness shall be incurred only upon approval of the
ordinance by a majority of those voting upon the question.
     (5) Loans made or revenue bonds issued
under subsections (1) and (2) of this section and secured by real property of
the district shall bear interest at the rate per annum fixed by the governing
body of the district after consultation with the State Treasurer.
     (6) Prior to foreclosure of real property
used to secure a loan made or revenue bonds issued under subsections (1) and
(2) of this section, the governing body of the district shall submit to the
electors of the district the question of levying upon the taxable property
within the district a sum sufficient to pay the principal and interest due on a
loan made or revenue bonds issued under subsections (1) and (2) of this
section. Upon approval by a majority of those voting on the question, the
governing body shall levy the tax and pledge the revenues derived therefrom
toward the discharge of the obligation incurred under subsections (1) and (2)
of this section.
     (7) As used in this section:
     (a) “District” means the South Suburban
Sanitary District of Klamath Falls, Oregon.
     (b) “Financial institution” means a state
or national bank, a mutual savings bank or a savings association. [1981 c.284 §§1,2,3,4,5,6]
Note: 450.985 was enacted into law by the Legislative Assembly but was not
added to or made a part of ORS chapter 450 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for further explanation.
MISCELLANEOUS
     450.987
Annexation by city of water or sanitary authority territory. Upon formation of a water authority or
sanitary authority, a city may annex territory situated within the boundaries
of the water authority or sanitary authority, but shall not remove any water
mains, sewers and drains, service installations, reservoirs, structures,
facilities and other improvements or any service provision capability from the
water or sanitary authority unless the county governing body or boundary
commission determines that:
     (1) Withdrawal of the territory or
improvements from the water or sanitary authority will have no substantial
adverse impact on the ability of the water or sanitary authority to provide
service to the remaining territory;
     (2) The withdrawal is not solely for the
tax advantage of a property owner;
     (3) The withdrawal will not result in
noncontiguous parcels being served by the water or sanitary authority; and
     (4) The water or sanitary authority cannot
provide adequate service to the subject territory within a reasonable time. [Formerly
450.670; 1993 c.577 §34]
     450.988
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 §32]
     450.989
Apportionment of cost among serviced property owners; determination by
authority. (1) If any person
is required by an authority to pay the cost of extending a sewer main adjacent
to another personÂ’s property so that sewer service for domestic use is provided
for that other property without further extension of the sewer main, the
authority may require the owner of the other property to refund to the
authority for disbursement to the person required to pay the cost of extending
the sewer main, a portion of the cost of the extension.
     (2) The board may adopt an ordinance
specifying the method of apportioning the construction costs to the property
served and establishing a procedure for application for and payment of a
refund.
     (3) The right to require a refund under
this section shall not continue for more than 10 years after the date of
installation of the sewer main.
     (4) The amount to be refunded shall be
determined by the authority and such determination shall be final.
     (5) The authority may refuse to provide
sewer service until a refund is paid. [1983 c.435 §2]
PENALTIES
     450.990
Penalties. Violation of any
regulation or ordinance under ORS 450.085 is punishable, upon conviction, by a
fine of not more than $100 or imprisonment of not more than one month, or both.
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.