Chapter 224 — City
Sewers and Sanitation
2011 EDITION
CITY SEWERS AND SANITATION
CITIES
CONSTRUCTION OF SEWER SYSTEM; ASSESSMENT
PLAN
224.010 Definitions
for ORS 224.010 to 224.170
224.020 Authority
of city to construct sewage system
224.030 Authority
of city to alter water flow; limitations
224.040 Assessment
of property; collection
224.050 Rights
of owners outside city limits
224.065 Writ
of review
224.080 Record
and effect of judgment
224.090 Assessment
lien on property outside city limits; priority
224.100 Records
and indexes of transcripts; effect of writ of review
224.110 Enforcing
liens on property outside city limits
224.120 Sale
without foreclosure
224.130 Assessment
of property in drainage district
224.140 Authority
to control sewer system
224.150 Federal
aid
224.160 Procurement
of funds for construction
224.170 Laws
and charter provisions applicable to reassessments
CONSTRUCTION OF SEWER SYSTEM; BOND PLAN
224.232 Bond
election; Environmental Quality Commission order; court enforcement; issuance
of bonds without elector approval
224.270 Validation
of bond issues
SEWER CONSTRUCTION IN CITIES OF 3,500 OR
LESS
224.310 Definitions
for ORS 224.310 to 224.420
224.320 Municipalities
eligible for state help in financing sewer systems
224.330 Conditions
precedent to financing application
224.340 Bonds;
form; interest; sale price
224.350 General
powers of the State Treasurer under ORS 224.310 to 224.420; rules
224.370 Municipality
not to assume further obligations
224.380 Limitations
on authority of State Treasurer to purchase bonds
224.390 State
Sewer Bond Revolving Fund
224.400 Control
of State Treasurer over rates, collection of charges and delinquent
assessments; budget approval
224.410 Authority
to appoint receiver and withhold earmarked moneys on default
224.420 Duty
of local treasurer to keep funds separate and withhold bond payments; liability
of treasurer
224.450 Validation
of revenue bonds issued by cities of less than 100,000; sale of bonds to the
federal government
SEWAGE CHARGE ON WATER USERS
224.510 Sewage
charge on water users
CONSTRUCTION OF SEWER SYSTEM; ASSESSMENT
PLAN
224.010 Definitions for ORS 224.010 to
224.170. As used in ORS 224.010 to 224.170,
unless the context requires otherwise:
(1)
“City” means any incorporated city or town.
(2)
“Council” means the council or other municipal authority of a city.
224.020 Authority of city to construct
sewage system. Whenever the council of any city deems
it necessary or expedient to construct a sewer partially within and partially
without the city, or to construct a sewer outlet, or do any other work, acts or
things without the city for proper disposal of sewerage and drainage, the city,
through its council, may acquire by purchase, condemnation or otherwise, any
property rights of way, easement and other rights without the city as may be
needed or deemed essential for the construction of the sewer, sewer outlet, or
other works. It may also provide for and do all things which may be necessary
or deemed essential for proper construction of such sewer, sewer outlet, and
for other works, acts and things which may be deemed necessary or essential for
the proper disposal of sewerage and drainage from the city and adjacent
territory.
224.030 Authority of city to alter water
flow; limitations. A city, through its council, may
divert water and waterways, fill or drain lakes, ponds or other waters,
increase or diminish the flow of waters in natural channels or dam channels and
do such other acts and things as may be found necessary or essential for the
matters provided for in ORS 224.010 to 224.120 and in ORS 224.170. However, no
property rights or other vested rights shall be taken without agreement with
the owner or a proceeding of condemnation.
224.040 Assessment of property;
collection. The council may provide for and make a
local assessment for benefits against any and all property whether within or
without the city or partially within or partially without the city and enforce
a collection of such assessments.
224.050 Rights of owners outside city
limits. The owners of property without the city
shall be given like notice and shall have like opportunities of remonstrance
and have all other rights and remedies which the owners of property within the
city may have or be given, including the privileges of the Bancroft Bonding Act
or similar charter provisions relating to bonding of assessments.
224.060
[Amended by 1959 c.220 §1; repealed by 1967 c.280 §1 (224.065 enacted in lieu
of 224.060)]
224.065 Writ of review.
Notwithstanding any of the provisions of ORS 224.010 to 224.170, owners of any
property against which an assessment for a local improvement under this chapter
has been imposed may seek a review thereof under the provisions of ORS 34.010
to 34.100. [1967 c.280 §2 (enacted in lieu of 224.060 and 224.070)]
224.070
[Amended by 1959 c.220 §2; repealed by 1967 c.280 §1 (224.065 enacted in lieu
of 224.070)]
224.080 Record and effect of judgment.
Upon final determination of the review a transcript of the judgment shall be
filed with the auditor, clerk or other official of the city having charge of
the assessment records, whereupon it shall be entered in the records of the
city and other records as provided in ORS 224.090 and 224.100 and shall
constitute the assessment against the property. It shall bear interest from the
date that other assessments for such sewer or work bear interest and shall be
enforced and collected in like manner as the assessment is collected against
other property which may have been assessed for such sewer or other work. In
case the judgment on appeal is for the same amount as the assessment, no
entries need be made of the transcript. [Amended by 1967 c.280 §3]
224.090 Assessment lien on property outside
city limits; priority. No assessment under ORS 224.040
against property beyond the limits of the city shall be a lien on the property
until a certified transcript of the assessment in so far as it affects such
property has been filed with the county clerk or other person having custody and
charge of the mortgage records of the county. From the date of such filing the
assessment shall be a lien and charge against the property upon which it is
imposed, prior and superior to all other liens and encumbrances whatsoever
thereon, except general taxes.
224.100 Records and indexes of
transcripts; effect of writ of review. The clerk or
officer referred to in ORS 224.090 shall record the transcript referred to in
that section in the mortgage records of the county and properly index it. The
issuance of a writ of review shall not prevent the recording and indexing of
such transcript, but upon final determination of the review a further
transcript shall be recorded showing the amount of the assessment. The second
transcript shall be indexed and recorded and the same shall, for the amount
specified therein, have the same force and effect as the first transcript would
have had. [Amended by 1967 c.280 §4; 1999 c.654 §24]
224.110 Enforcing liens on property
outside city limits. The city, through its council,
may collect and enforce or provide for collecting and enforcing payment of
liens created by virtue of ORS 224.090 or 224.100 by a sale of the property in
the same manner and with the same force and effect as is or may be provided
with respect to property within the city, or a proceeding in court to foreclose
such liens.
224.120 Sale without foreclosure.
In case of a sale without a foreclosure in court a duplicate certificate of
sale shall be made by the city official making the sale and recorded with the
county clerk or other officer having charge of mortgage records of the county.
In case of redemption or issuance of a deed upon such certificate of sale a
further certificate of such fact shall be made by the proper city official and
shall be recorded in the same manner. [Amended by 1999 c.654 §25]
224.130 Assessment of property in drainage
district. Nothing contained in ORS 224.010 to
224.170 shall authorize the city to assess any property now included in any
drainage district organized under ORS 547.005 to 547.030 and beyond the limits
of the city unless the owner of such property or the officers of such district
consent thereto. However, if the owner of property in such district at any time
desires to connect with and utilize any sewer or drain constructed pursuant to
ORS 224.020, a just and equitable assessment may be made and charged against
the property owned by the owner and especially and peculiarly benefited by such
connection.
224.140 Authority to control sewer system.
A city, through its council, may enact and enforce such ordinances and other
provisions as may be necessary or essential for the proper policing,
protection, management and control of sewers, ditches, canals and other works
beyond the city limits and constructed by the city under or by virtue of ORS
224.010 to 224.170. The city may construct extensions, laterals and branches to
such sewer system upon the terms and provisions applicable to original
construction.
224.150 Federal aid.
The city may negotiate and obtain from the federal government financial aid in
construction referred to in ORS 224.140 by a work relief program, grant, loan
or other means of like or different nature.
224.160 Procurement of funds for
construction. Pending the making of an assessment for
all or part of any construction referred to in ORS 224.140, the city may make
temporary loans or advances from the fund legally available under its charter
in order to procure the federal aid or perform such construction, or both. Such
loan shall be refunded from a local assessment when made and collected. If the
city is without adequate funds to make such temporary loan it may from time to
time borrow funds therefor and give its certificate
of indebtedness for the money so borrowed. This certificate shall be paid only
from funds collected from the local assessment authorized to be made for the
construction. The rate of interest upon the certificates of indebtedness shall
not exceed six percent per annum and no greater amount shall be borrowed than
the amounts necessary for the purposes of construction.
224.170 Laws and charter provisions applicable
to reassessments. The provisions of the city
charter applicable to curative measures or reassessments shall be applicable to
property without the city limits as well as to the property within the city.
The owners of property beyond the city limits shall have like rights of
objection, remonstrances, hearing and other remedies
as the owners of property within the city or town. The right of review of any
reassessment by the circuit court as provided by ORS 224.065 relative to an
original assessment, and the provisions of ORS 224.065, 224.080 and 224.100
relative to review of an original assessment shall be applicable to review of a
reassessment. [Amended by 1967 c.280 §5]
224.210
[Repealed by 1973 c.213 §9]
224.220
[Amended by 1971 c.573 §1; repealed by 1973 c.213 §9]
224.230
[Amended by 1967 c.427 §1; repealed by 1973 c.213 §9; amended by 1973 c.835 §162;
amendment treated as reenactment, see 224.232]
CONSTRUCTION OF SEWER SYSTEM; BOND PLAN
224.232 Bond election; Environmental
Quality Commission order; court enforcement; issuance of bonds without elector
approval. (1) The governing body of the
municipality, by proposed charter amendment or ordinance, may refer the question
of acquiring and constructing the facilities to a vote of its electors, and
after approval thereof by a majority of such electors, may authorize the
issuance of and cause to be issued bonds of the municipality for such purposes.
The bonds may be general obligation, limited obligation or self-liquidating in
character in a sum not more than the amount authorized at such election. The
bonds may provide for payment of principal and interest thereon from service
charges to be imposed by the governing body for services to be extended through
employment and use of the facilities. If service charges are imposed to be paid
as provided in ORS 224.220 (1971 Replacement Part), such portion thereof as may
be deemed sufficient shall be set aside as a sinking fund for payment of
interest on the bonds and the principal thereof at maturity.
(2)
When the Environmental Quality Commission enters an order pursuant to ORS
468.090 that requires the acquisition or construction of facilities in a
municipality for compliance, the governing body of the municipality must refer
to its electors the question of a bond issue in an amount sufficient to finance
the necessary acquisition or construction of such facilities. The election must
be held within one year of the date on which the order of the commission
becomes final.
(3)
If, within eight months after the final order of the commission becomes final,
the governing body of the municipality has not called an election in compliance
with subsection (2) of this section, the commission may apply to the circuit
court of the county in which the municipality is located or to the circuit
court of Marion County for an order compelling the holding of an election.
(4)(a)
If the electors do not approve the bond issue submitted pursuant to subsection
(2) or (3) of this section, the commission may apply to the circuit court of
the county in which the municipality is located or to the circuit court of
Marion County for an order directing that:
(A)
Self-liquidating bonds of the municipality be issued and sold pursuant to ORS
224.210 to 224.260 (1971 Replacement Part); and
(B)
The proceeds be applied to the acquisition or construction of facilities
required to comply with the order of the commission.
(b)
If the court finds that the facilities required by the order of the commission
are necessary to the public health under the minimum standards of the
commission, it shall issue an order directing that:
(A)
Such bonds be issued and sold without elector approval in such an amount as the
court finds necessary to acquire or construct such facilities; and
(B)
The proceeds be applied for such purposes.
(5)
Any court proceeding authorized by subsection (3) or (4) of this section shall
be advanced on the court docket for immediate hearing. [1973 c.835 §162 amending
224.230 treated as reenactment of 224.230 repealed by 1973 c.213 §9; 2005 c.22 §166]
Note:
224.232 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 224 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
224.240
[Amended by 1965 c.283 §1; repealed by 1973 c.213 §9]
224.250
[Amended by 1967 c.293 §23; 1967 c.427 §2; repealed by 1973 c.213 §9]
224.260
[Repealed by 1973 c.213 §9]
224.270 Validation of bond issues.
All proceedings and elections had prior to March 9, 1935, in cities of less
than 100,000 population under ORS 224.232 and 224.270 are validated. All bonds
voted prior to March 9, 1935, by any municipality, as defined in ORS 224.210
(1971 Replacement Part), for a sanitary disposal of sewage under ORS 224.210 to
224.260 (1971 Replacement Part) shall, when issued and sold, be legal and
binding obligations of the municipality if the issuance of bonds for that
purpose has been authorized and approved by a majority vote of the electors
voting on the question and regardless of whether the question was submitted to
the electors by the council or other governing body by resolution, ordinance or
by charter amendment. The governing body of the municipality may, either before
or after issuing the bonds, adopt plans, specifications and estimates for a
sanitary disposal of sewage with or without following any previous plans,
specifications, estimates or methods.
SEWER CONSTRUCTION IN CITIES OF 3,500 OR
LESS
224.310 Definitions for ORS 224.310 to
224.420. As used in ORS 224.310 to 224.420,
unless the context requires otherwise:
(1)
“Municipality” means a duly incorporated city or town having a population of
not more than 3,500 inhabitants as determined from the latest official
enumeration of inhabitants, either federal or state, made prior to the date of
authorization of the construction and establishment by the municipality of a
sewerage system or of an extension to an existing sewerage system.
(2)
“Sewerage system” means complete or primary sewage treatment and disposal
facilities, sewer mains, pumping stations, and all equipment and appurtenances
necessary, useful or convenient for the treatment or disposal of sewage, or any
portion of such a system, whether within or without the corporate limits of a
municipality. [Amended by 1953 c.287 §9; 1959 c.157 §4]
224.320 Municipalities eligible for state
help in financing sewer systems.
Municipalities that have been certified by the Environmental Quality Commission
as being in need of sewerage systems and that are unable to sell bonds upon the
public market, or are unable to obtain satisfactory offers for bonds upon such
market, for the purpose of financing the costs of construction thereof may apply
to the State Treasurer for the purpose of financing such costs under ORS
224.310 to 224.420. The Environmental Quality Commission shall furnish to the
State Treasurer in writing a list of the municipalities that are in the
greatest need of sewerage and sanitation facilities. [Amended by 1955 c.593 §1]
224.330 Conditions precedent to financing
application. A municipality shall not apply to the
State Treasurer for financing under ORS 224.320 unless:
(1)
It submits to the State Treasurer plans and specifications prepared by
competent registered engineers setting forth the type or character of sewer
system or sewerage facilities proposed for the particular municipality and the
estimated cost of the system and of the appurtenances thereto.
(2)
It submits to the State Treasurer the proposed plan of the municipality for
liquidation of indebtedness to be incurred for financing the cost of such
system or facilities. [Amended by 1953 c.287 §9; 2009 c.259 §23]
224.340 Bonds; form; interest; sale price.
Notwithstanding the provisions of any other Act or of any city charter, the
bonds issued by municipalities pursuant to ORS 224.350 and 224.370 shall bear
such dates, be in such form, run for such periods of time, bear such rates of
interest, and be sold by the municipalities at such prices as the State
Treasurer may determine. [Amended by 1953 c.287 §9; 1955 c.593 §2; 1981 c.94 §12]
224.350 General powers of the State
Treasurer under ORS 224.310 to 224.420; rules.
(1) The State Treasurer shall be the sole judge as to whether state funds shall
be invested in the project and as to which undertakings shall first be
financed. The decision of the State Treasurer on the subject of investment and
priority shall be final.
(2)
The State Treasurer may enlist the technical services of any state officer or
department in a study of the feasibility and cost of the sewerage project.
(3)
The State Treasurer, in the discretion of the State Treasurer, may purchase,
with funds subject to investment by the State Treasurer, or with moneys from
the revolving fund as provided in ORS 224.390, general obligation sewerage
system bonds of any municipality including bonds issued under statutory or
charter authority pursuant to applications to pay assessments in installments.
To facilitate the construction of a sewerage system for a municipality, the
state may purchase at current market prices with such funds the outstanding
water system bonds of the municipality. After the purchase of such bonds, the
State Treasurer may agree with the municipality as to allocation of the net
revenues of the water system of the municipality to the payment of the
principal of and the interest upon the water system bonds, and upon the
sewerage system bonds of the municipality. If the State Treasurer deems it expedient
in the acquisition and construction of a sewerage system for a municipality to
furnish sewerage service for territory that is contiguous to a municipality, or
for territory outside the municipality that, in the judgment of the State
Treasurer, can conveniently be served by the sewerage system thereof, the state
may purchase the sewerage system bonds of a sanitary district or districts
comprising such territory, or any part thereof, provided the public
indebtedness for all purposes within said sanitary district or districts shall
not exceed 12-1/2 percent of the real market value of all taxable property
therein.
(4)
The State Treasurer may authorize municipalities or sanitary districts, or
both, to issue sewerage system bonds with the right reserved to them to redeem
bonds at par value and accrued interest prior to the final maturity dates of
the bonds.
(5)
The State Treasurer, in the discretion of the State Treasurer, may authorize
deferment of payment of interest upon the sewerage bonds of the municipality or
district for a period not exceeding three years, and may provide for the
issuance of such bonds with graduated rates of interest.
(6)
The State Treasurer may adopt rules and regulations specifying the procedure to
be followed by a municipality or sanitary district in availing itself of the
provisions of ORS 224.310 to 224.420. [Amended by 1953 c.287 §9; 1967 c.293 §25;
1991 c.459 §352]
224.360
[Amended by 1953 c.287 §9; 1955 c.593 §3; repealed by 1967 c.335 §60]
224.370 Municipality not to assume further
obligations. So long as any of the sewerage bonds of
the municipality or district are owned by the state, the municipality or
district shall not issue other bonds of any character without prior written
approval of the State Treasurer. [Amended by 1953 c.287 §9]
224.380 Limitations on authority of State
Treasurer to purchase bonds. The State
Treasurer may purchase sewerage bonds from a municipality or sanitary district
at private sale if the municipality or district does not receive any bids for
the bonds, or if bids received therefor are
unsatisfactory. General obligation sewer bonds or sewerage system bonds, other
than those issued pursuant to applications to pay assessments in installments,
may be purchased by the State Treasurer under the provisions of ORS 224.310 to
224.420 only if the revenues of the sewerage system of the issuing municipality
or district, or both, after the payment of operation and maintenance expenses,
are pledged wholly to the payment of the principal of and the interest upon the
said bonds, and the municipality and the sanitary district, if any, served by
the sewerage system of a municipality covenant to levy ad valorem taxes upon
all of the taxable property within their corporate limits to meet deficiencies
in such revenues for such purposes, and only if the combined indebtedness for
all public purposes, other than state or federal, within the boundaries of the
municipality, including the proposed sewerage system indebtedness, but
excluding obligations issued for other utilities that are self-supporting or
self-liquidating or are approximately so, does not exceed 12-1/2 percent of the
real market value of all property that is by law assessable for state and
county purposes within the limits of the municipality. Notwithstanding that
such revenues may have been pledged to the payment of the principal of and the
interest upon a particular issue of general obligation bonds owned by the
state, the same revenues, with the approval of the State Treasurer, may be
pledged to the payment of the principal of and the interest on additional
issues of such bonds purchased by the state from the municipality or district.
The additional issues shall be on a parity with previous issues as to the
pledge of such revenues for such purposes. Municipalities may provide that
receipts from the payment of assessments levied under authority of chapter 593,
Oregon Laws 1955, and the interest thereon shall be applied to payment of the
principal of and the interest upon their general sewerage system bonds issued
under authority of chapter 593, Oregon Laws 1955, rather than issue Bancroft or
assessment bonds pursuant to such assessments. In order to complete the
financing of a sewerage system, the State Treasurer may purchase issues of
general obligation sewerage system bonds of municipalities or sanitary
districts, payable only from ad valorem property taxes, provided the issues do
not exceed the debt limits specified in this section. If, in addition to the
net revenues of the sewerage system of the issuing municipality, the net
revenues of the municipality-owned water system of the municipality that may
become available in not more than five years from the issue date of the
sewerage system bonds also are pledged to the said bonds, and the municipality
further covenants to levy ad valorem taxes upon all the taxable property within
its corporate limits to meet deficiencies in sewerage system and water system
revenues for such purposes, the sewerage system bonds of the municipality may
be purchased by the State Treasurer, provided the combined indebtedness for all
purposes within the boundaries of the municipality, including the proposed
sewerage system indebtedness, but excluding obligations issued for other
utilities that are self-supporting or self-liquidating or are approximately so,
does not exceed 15-3/8 percent of the real market value of the property within
the limits of the municipality. This limitation shall include the ratios of
indebtedness to real market value of other subdivisions that overlap the
municipality to an extent of more that 12-1/2 percent of the real market value
of all the taxable property of the municipality. [Amended by 1953 c.287 §9;
1955 c.593 §4; 1967 c.293 §26; 1991 c.459 §353]
224.390 State Sewer Bond Revolving Fund.
The State Sewer Bond Revolving Fund is created for investment under authority
of ORS 224.310 to 224.420 and for payment of costs of the State Treasurer in
carrying out the provisions of those sections. The State Treasurer may engage
such assistance and incur such expenses as may be necessary for that purpose.
The earnings of the revolving fund shall accrue to the General Fund, and the
amounts received in payment of the principal of investments thereof shall be
credited to the General Fund, to be available for the payment of general
governmental expenses. [Amended by 1963 c.341 §3]
224.400 Control of State Treasurer over
rates, collection of charges and delinquent assessments; budget approval.
(1) Each municipality financing the cost of a sewerage system under authority
of ORS 224.310 to 224.420 shall submit to the State Treasurer for approval a
schedule of its rates and proposed method of collection of its sewerage
charges. The rates shall be such as, in the judgment of the State Treasurer,
shall provide sufficient funds with other revenues, if any, and ad valorem
property taxes to liquidate, during the period approved by the State Treasurer,
the indebtedness incurred by the municipality to defray the cost of the
sewerage system and its appurtenances. Should the rates prove to be
insufficient for such purpose, the State Treasurer may direct the municipality
to increase the rates to the point at which the sewerage project becomes
self-liquidating, and the municipality shall establish forthwith the rates
prescribed by the State Treasurer.
(2)
If the municipality does not have the ability to collect sewerage charges in
connection with or as part of the charge for another service or utility that
can be curtailed to secure collection, and if the State Treasurer so directs,
delinquent assessments for sewerage charges shall be certified to the assessor
of the county in which the municipality is located and shall be entered upon
the tax rolls of the county and be collected and accounted for in the same
manner in which city taxes are collected and accounted for. The charges shall
constitute liens against the real property of the person against whom they are
assessed.
(3)
If required by the State Treasurer, the municipality shall obtain from the
State Treasurer approval of the annual budgets and tax levies of the
municipality, before they are certified to the clerk and assessor of the county
in which the municipality is located, for extension upon the county tax rolls. [Amended
by 1955 c.593 §5; 1991 c.459 §353a]
224.410 Authority to appoint receiver and
withhold earmarked moneys on default. If any
municipality fails to meet, when due, any obligation sold to the state under
authority of ORS 224.310 to 224.420, the State Treasurer, with the approval of
the circuit court of the county in which the major portion of the assessed
valuation of the municipality is located, may appoint a receiver to operate the
system. The receiver shall act in the capacity of receiver so long as the
circuit court deems receivership necessary to protect the interests of the
state and of the municipality. In order to insure prompt payment of interest or
principal of bonds acquired by the State Treasurer pursuant to ORS 224.380, the
State Treasurer may withhold and apply to the payment of such obligations, any
moneys which may accrue to the municipality from state sources. Moneys so
withheld shall be repaid to the municipality when the funds with which to meet
the obligations for the payment of which funds were withheld are paid by the
municipality to the state. The right to withhold said moneys for the purpose
provided in this section shall exist only so long as any of the sewage bonds of
the municipality are owned by the state.
224.420 Duty of local treasurer to keep
funds separate and withhold bond payments; liability of treasurer.
The treasurer of each municipality and of each sanitary district that finances
the cost of a sewerage system or facilities under authority of ORS 224.310 to
224.420 shall keep collections or assessments for sewerage service separate and
distinct from other funds of the municipality and shall withhold from tax
receipts not less often than quarterly the full amounts proportionate to the
elapsed portion of the tax year that have been levied for the payment of
interest on and the principal of the sewerage system bonds of the city or
sanitary district. For failure to account for sewerage revenues and taxes as
provided in this section, such treasurers shall be liable upon their official
bonds. [Amended by 1953 c.287 §9]
224.450 Validation of revenue bonds issued
by cities of less than 100,000; sale of bonds to the federal government.
All bonds or other obligations issued prior to November 15, 1936, by any city
or town of less than 100,000 population, for the purpose of financing in whole
or in part the construction, enlargement, extension, repair or improvement of a
sewer system, including a sewage treatment or disposal plant and all facilities
appurtenant to such system or connected therewith, where such bonds or other
obligations are payable or will be payable solely from the gross or net
revenues of such sewer system or any part thereof, including the revenues of
improvements, additions and extensions thereto which may thereafter be
constructed or acquired, as well as the revenues of the existing sewer systems,
plants or properties, if any, so enlarged, extended, repaired or improved, and
all proceedings for the authorization and issuance of such bonds or other
obligations and the sale, execution and delivery thereof, hereby are validated,
ratified, approved, authorized and confirmed, notwithstanding that the amount
of such bonds or other obligations, together with the amount of bonds or other
obligations of such city or town outstanding at the time of the issuance
thereof, exceeds or will exceed any limitation or restriction on the amount or
percentage of indebtedness or of outstanding bonds or other obligations of such
city or town contained in the charter of such city or town or in any general or
special law, and notwithstanding any defects or irregularities in such
proceedings, and without regard to the fact that such bonds or other
obligations may have been issued pursuant to the charter of such city or town
or pursuant to any general or special law. Notwithstanding any provision in
such proceedings that such bonds or other obligations shall be issued in manner
and form satisfactory to the Reconstruction Finance Corporation, or that such
bonds or other obligations shall be sold to the Reconstruction Finance
Corporation, such bonds or other obligations may be sold to the United States
of America, through the appropriate federal officer, agency or instrumentality
in manner and form satisfactory to such officer, agency or instrumentality. The
bonds or other obligations issued and sold prior to November 15, 1936, are the
binding and legal obligations of the city or town issuing them in the actual
form in which those bonds and obligations have been issued.
SEWAGE CHARGE ON WATER USERS
224.510 Sewage charge on water users.
(1) Unless prohibited by its charter, a city may impose on the users of water a
sewage charge which shall be billed and collected by the city. The proceeds of
the sewage charge may be used for paying, in whole or in part, the cost of
planning, constructing or operating a sewage disposal system.
(2)
The sewage charge shall be established and the rate fixed by the city’s
governing body. [1957 c.400 §1]
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