Chapter 450 — Sanitary
Districts and Authorities; Water Authorities
2011 EDITION
SANITARY DISTRICTS; WATER AUTHORITIES
PUBLIC HEALTH AND SAFETY
SANITARY DISTRICTS
(Generally)
450.005 Definitions
for ORS 450.005 to 450.245
(Formation)
450.009 Formation
purposes; petition
450.045 Board
members; qualifications; first terms
(Officers and Elections)
450.055 Board
officers; term; vacancy
450.059 Election
laws applicable
450.062 Increase
of board membership from three to five members; election
450.065 Election
of president; appointment, duties and compensation of secretary
450.070 Meetings
of board
(Powers)
450.075 Powers
of sanitary district
450.082 District
may contract for employee health care services or insurance
450.084 Payment
for services or insurance by district
450.085 Adoption
of regulations and ordinances
(District Finances)
450.090 Deposit
of district funds; contents of withdrawal or payment order
450.095 Bond
election
450.110 District
bonds; denomination; place of payment; interest
450.115 Use
of proceeds of bond sale
450.120 Debt
limitations
450.125 Payment
of bonds; issuance of improvement bonds
450.130 Sewer
service charges; collection and enforcement
450.135 Ordinance
declaring method of payment
450.140 Assessment
ordinance
450.145 Entry
of assessments in lien docket; lien docket as public record
450.150 Hearing
of objections to proposed improvements
450.160 Collection
and enforcement of delinquent liens; reassessment
450.165 Preparation
and approval of plans for drains and sewer installations
450.170 Levy
of taxes
450.175 Collection
of taxes
450.177 Filing
boundary change with county assessor and Department of Revenue
(Annexation)
450.215 Plans
for division and disposal of properties
450.225 Effective
date of annexation; disposition of properties in territory; liabilities and
indebtedness of territory; filing of report
(Miscellaneous)
450.245 Application
of ORS 450.005 to 450.245 to districts organized under former laws; savings
clause
(Districts With Valuation Less Than
$250,000)
450.250 Definitions
for ORS 450.250 to 450.300
450.255 Districts
eligible for state help in financing sewerage systems
450.260 Conditions
precedent to financing application
450.265 Bonds
issued by district pursuant to ORS 450.250 to 450.300 are subject to State
Treasurer control; refunding bonds issuable
450.270 Powers
of State Treasurer in connection with ORS 450.250 to 450.300
450.275 State
Treasurer approval of other bond issues by district whose bonds are owned by
state
450.280 Circumstances
and conditions under which State Treasurer may purchase sewerage system bonds
450.285 State
Sanitary District Sewer Bond Fund
450.290 Provisions
concerning liquidation of indebtedness incurred by district financing sewerage
system under ORS 450.250 to 450.300
450.295 Refinancing
indebtedness of district; court-appointed receiver may operate system
450.300 Duty
of treasurer to keep funds separate and to withhold tax receipts for bond
payments; liability of treasurer
(Sanitary District Sewerage System
Revolving Fund)
450.303 Purchase
of general obligation bonds of sanitary districts; Sanitary District Sewerage
System Revolving Fund
JOINT WATER AND SANITARY AUTHORITIES
450.600 Joint
authorities; formation; election of directors upon formation; first terms
450.605 Formation
of joint authority by consolidation; transfer of property, rights and powers to
consolidated authority
450.607 Formation
of joint authority that includes city or district by consolidation; formation
within urban growth boundary; transfer of property to consolidated authority
450.610 Initiation
of proceedings for consolidation; resolution by governing bodies
450.615 Contents
of resolution; debt distribution plan; dissolution of existing entities
450.620 Assembly
of governing bodies; order for election on consolidation
450.625 Election
result; certification
450.630 Joint
meeting of governing bodies after approval of consolidation; declaration of
consolidation; election of board
450.635 Board
of directors of joint authority; number; terms; qualifications
450.640 Powers
of joint authority; issuance of revenue bonds
450.645 Election
laws applicable
WATER AUTHORITIES
450.650 Board
of directors; terms; qualifications
450.655 Methods
of election of authority directors
450.658 Election
of directors; terms
450.660 Water
authority formation
450.665 Formation
of authorities under special districts law
450.675 Formation
of authorities from areas within one or more counties
450.680 Formation
of authorities by cities and water districts
450.685 Application
of certain provisions to authorities
450.690 Public
body; authority to issue revenue bonds
450.693 Services
to other local governments authorized
450.695 Acquisition
of water rights; effect on priority of rights
450.700 Acquisition
of water rights; effect on prior rights
SANITARY AUTHORITIES
(Generally)
450.705 Policy;
construction
450.710 Definitions
for ORS 450.600 to 450.989
(Formation)
450.715 Areas
which may be formed into sanitary authorities
450.722 Formation
of water or sanitary authority may include dissolution of certain existing
districts
450.785 Initiation
of formation of sanitary authority by governing body without petition
450.787 Formation
of authorities by cities and sanitary or drainage districts
(Dissolution)
450.788 Law
applicable to dissolution of authority
(Board and Elections)
450.790 Sanitary
authority board
450.793 Election
laws applicable
450.795 Nomination
and election of first board members; terms
450.800 Regular
and special elections; terms of members; vacancies
(Powers)
450.806 General
powers of board; selection of board chairperson; appointment of authority
manager
450.808 General
duties of authority manager
450.810 Board
may adopt and enforce ordinances for sanitary purposes
450.815 General
powers of authority
450.817 Services
to other local governments authorized
450.820 Authority
may maintain garbage collection system and engage in insect control activities
450.825 Plan
for sewage disposal and drainage to be developed by authority
450.830 Authority
may construct and operate sewage disposal and drainage systems; operation
beyond authority boundaries
450.835 Contract
for or purchase of sewage disposal and drainage systems
450.837 Water
and sanitary authority as municipality for purpose of enforcing plumbing code;
limitations
(Finances)
450.840 Costs
for construction and operation of systems and general expenses of sanitary
authority; how borne
450.845 Areas
needing sewerage installations to be determined and plans for installations to
be made
450.850 Hearing
on board’s proposed construction plans and estimated special assessments;
notice of hearing
450.855 Action
board may take at hearing concerning boundaries, installations to be
constructed, costs and financing
450.860 Portion
of installation construction costs in an authority chargeable to area benefited
450.865 Ordinance
specifying action of board at hearing; remonstrances
450.867 Election
on ordinance adopted under ORS 450.865
450.870 Assessments
against benefited property
450.875 Collection
of delinquent assessments by lien foreclosure procedure; reassessment procedure
450.880 Sewer
service charges
450.885 Tax
levies on property in the authority; budget for authority
450.890 Collection
of taxes; taxes are liens on property
450.895 Bonds,
general obligation or revenue or combination of both; bonds to mature serially
and be paid in installments
450.897 Bancroft
Bonding Act applicable
450.900 Election
on bond issues; limitation on indebtedness
450.905 Notice
of bond election
450.915 Issuance
of bonds
450.920 Disposition
of proceeds of sale of bonds
450.925 Issuance
of refunding bonds
450.930 Redemption
of bonds before maturity dates
450.945 Custody
and disbursement of authority funds by county treasurer
(Programs for Employees)
450.947 Contracts
for medical, dental and hospital services; insurance for employees; effect of
failure to contract
450.949 Payment
of contract costs by authority and by employee; multiple contracts;
qualification of insurer or hospital association
450.963 Employees’
retirement system
450.967 Funding
of retirement plan
450.971 Employee
contribution
450.973 Eligibility
for retirement plan
450.977 Tax
levy to finance programs under ORS 450.947 to 450.977
(Miscellaneous)
450.980 Procedure
for testing proceedings and acts of sanitary authorities
450.985 Authority
of South Suburban Sanitary District of Klamath Falls to incur indebtedness
MISCELLANEOUS
450.987 Annexation
by city of water or sanitary authority territory
450.988 Filing
boundary change with county assessor and Department of Revenue
450.989 Apportionment
of cost among serviced property owners; determination by authority
PENALTIES
450.990 Penalties
SANITARY DISTRICTS
(Generally)
450.005 Definitions for ORS 450.005 to
450.245. As used in ORS 450.005 to 450.245,
unless the context requires otherwise:
(1)
“District board” means the governing body of a district.
(2)
“County board” means the county court or board of county commissioners of the
county.
(3)
“County” means the county in which the district, or the greater portion of the
taxable assessed value of the district or proposed district, is located.
(4)
“District” means a sanitary district formed in one or more counties and outside
the corporate limits of any city pursuant to ORS 450.005 to 450.245 or pursuant
to any law which those sections supersede.
(5)
“Owner” means the holder of the record title to real property or the vendee
under a land sale contract, if there is such a contract.
(6)
“Secretary” means the secretary of the district. [Amended by 1969 c.563 §1;
1983 c.83 §87; 2001 c.373 §1]
(Formation)
450.009 Formation purposes; petition.
Sanitary districts may be formed for the purpose of providing sanitation
facilities and services. In addition to the other matters, a petition for
formation of a sanitary district shall state the number of members, three or
five, on the district board. [1955 c.442 §2 (enacted in lieu of 450.010); 1969
c.563 §2; 1971 c.727 §119; 1975 c.647 §36]
450.010 [Repealed
by 1955 c.442 §1 (450.009 enacted in lieu of 450.010)]
450.015
[Amended by 1969 c.563 §3; repealed by 1971 c.727 §203]
450.017 [1955
c.442 §4; 1969 c.563 §4; repealed by 1971 c.647 §149 and by 1971 c.727 §203]
450.020
[Amended by 1955 c.111 §1; 1969 c.563 §5; repealed by 1971 c.727 §203]
450.025
[Amended by 1969 c.563 §6; repealed by 1971 c.727 §203]
450.030
[Amended by 1969 c.563 §7; repealed by 1971 c.727 §203]
450.035
[Repealed by 1971 c.647 §149]
450.040
[Amended by 1961 c.438 §3; repealed by 1971 c.647 §149]
450.045 Board members; qualifications;
first terms. (1) The power and authority given a
sanitary district, except as otherwise provided, shall be exercised by a board
of three or five members, according to the number set forth in the petition for
formation.
(2)
A person is qualified to be a member of the board if the person is an elector
of or owner in the district.
(3)
If the first board to be elected has three members:
(a)
The terms of the candidates receiving the highest and second highest votes
expire June 30 next following the second regular district election.
(b)
The term of the candidate receiving the third highest vote expires June 30 next
following the first regular district election.
(4)
If the first board to be elected has five members:
(a)
The terms of the candidates receiving the first, second and third highest votes
expire June 30 next following the second regular district election.
(b)
The term of the candidate receiving the fourth or fifth highest vote expires
June 30 next following the first regular district election. [Amended by 1955
c.442 §6; 1971 c.647 §83; 1971 c.727 §§120,195; 1973 c.796 §62; 1975 c.647 §34;
1983 c.83 §88; 1983 c.350 §262; 2007 c.168 §1]
450.050
[Amended by 1969 c.563 §8; repealed by 1971 c.727 §203]
450.052 [1955
c.107 §1; 1969 c.563 §9; repealed by 1971 c.727 §203]
450.054 [1955
c.594 §2; 1969 c.563 §10; repealed by 1971 c.727 §203]
(Officers and Elections)
450.055 Board officers; term; vacancy.
(1) The officers of the district shall be the district board, consisting of
three or five members, and a secretary appointed by the board.
(2)
Except as to those members of the board who are elected on formation and those
members who are elected at an election when the number of board members is
increased to five, the term of office of each elected member shall be four
years.
(3)
Vacancy in the membership of the board shall occur by reason of the occurrence
of any event listed in ORS 236.010 or, unless excused, by failure to attend
three successive regular board meetings. The district board shall fill any
vacancy on the board as provided in ORS 198.320. [Amended by 1955 c.442 §7;
1967 c.439 §1; 1969 c.563 §§11,29; 1969 c.669 §9; 1975 c.647 §35; 1983 c.350 §263]
450.057 [1961
c.438 §2; 1967 c.609 §9; repealed by 1971 c.647 §149]
450.059 Election laws applicable.
(1) ORS chapter 255 governs the following:
(a)
The nomination and election of members of the district board.
(b)
The conduct of district elections.
(2)
The electors of a district may exercise the powers of the initiative and
referendum regarding a district measure, in accordance with ORS 255.135 to
255.205. [1983 c.350 §268]
450.060
[Amended by 1955 c.442 §8; 1967 c.137 §2; 1971 c.647 §84; 1973 c.796 §63; 1975
c.647 §37; repealed by 1983 c.350 §331a]
450.062 Increase of board membership from
three to five members; election. (1) A
district having a three member board may vote to increase the number of members
on the board to five at a regular district election as provided in this
section. The board shall order an election on the question of increased
membership when a petition is filed with the secretary of the board requesting
that the electors of the district be permitted to vote on the question. The
requirements for preparing, circulating and filing a petition under this
section shall be as provided for an initiative petition in ORS 255.135 to
255.205. The board shall be increased to five members if a majority of the
votes cast on the question favors the increase.
(2)
At the same election at which the question of increasing the board from three
to five members is voted upon, the electors shall vote for a number of
candidates:
(a)
To fill any vacancy;
(b)
To elect a successor to any position the term of which expires June 30 next
following the election; and
(c)
To elect two candidates to fill the two new board positions if the board
membership is increased.
(3)
If the board membership is increased under this section, the Secretary of State
by rule shall adjust and stagger the terms of the board members elected at the
election under this section as necessary so that at least two board members are
elected at each subsequent regular district election. [1955 c.442 §5; 1971
c.647 §85; 1983 c.350 §265]
450.065 Election of president;
appointment, duties and compensation of secretary.
(1) At its first regular meeting each year, or as soon thereafter as
practicable, the board shall choose one of its members as president and appoint
a secretary.
(2)
The secretary shall receive such compensation as is fixed by the order of the
board.
(3)
The secretary shall perform all duties required by the board and those
prescribed in ORS 450.005 to 450.245.
(4)
Within 30 days following the entry of the order establishing a district, the secretary
of the district shall file a written report with the Environmental Quality
Commission, stating the name of the district, the date of its formation and the
names and addresses of the board members, and shall furnish with the report a
map showing the district boundaries. [Amended by 1957 c.671 §1; 1969 c.345 §9;
1971 c.727 §121]
450.070 Meetings of board.
(1) The board shall hold such meetings either in the day or evening, as may be
convenient, but must hold one regular monthly meeting at a stated time and
public place, at which, so far as practicable, district business shall be
conducted.
(2)
In case of the absence or inability of the president or secretary to act, the
board may, by order entered in its minutes, choose a president pro tempore, or
secretary pro tempore, or both.
(3)
Special meetings may be called by the president or two members of the board by
giving notice of time and place of the meeting six hours in advance.
(Powers)
450.075 Powers of sanitary district.
A sanitary district may:
(1)
Have and use a common seal.
(2)
Sue and be sued in its name.
(3)
Acquire, construct, reconstruct, alter, enlarge, renew, replace, operate and
maintain such sewage collection and disposal systems as in the judgment of the
board are necessary and proper for the area of the district. In the performance
of these functions, either in or out of the district, it may join with any
other public body as defined in ORS 174.109, a federal agency or another state
in the joint establishment, maintenance and operation of such works, and may
contract therefor within the limits of authority conferred by ORS 450.005 to
450.245.
(4)
Permit the use, by lease or otherwise, of any property of the district by any
other public body as defined in ORS 174.109, a federal agency or another state.
(5)
Acquire by purchase, gift, devise, condemnation proceedings or otherwise, such
real and personal property and rights of way, either within or without the
limits of the district, as in the judgment of the board are necessary or proper
to the exercise of its powers, and to pay for and hold the same.
(6)
Make and accept contracts, deeds, releases and documents that, in the judgment
of the board, are necessary or proper in the exercise of any of the powers of
the district.
(7)
Issue bonds as provided in ORS 450.095 to 450.125.
(8)
Determine the rate of levy of taxes in the district, and fix sewer rentals,
charges and assessments as provided in ORS 450.130 to 450.175.
(9)
Employ and pay necessary agents, employees and assistants.
(10)
Lay its sewers and drains in any public street or road in the county, and for
this purpose enter upon it and make all necessary and proper excavations,
restoring it to its proper condition. However, the consent of the proper city,
county or state authorities, as the case may be, shall first be obtained and
the conditions of such consent complied with.
(11)
Maintain and operate disposal sites and solid waste collection and disposal
systems in compliance with ORS 459.005 to 459.437, 459.992 (1) and (2) and
466.995 (1).
(12)
Call all necessary elections.
(13)
Compel all residents and property owners in the district to connect their
houses and structures requiring sewage or drainage disposal with adjacent
street sewers, drains or other sewage disposal system of the district.
(14)
Do any act necessary or proper to the complete exercise and effect of any of
its powers or for the purposes for which it was formed.
(15)
Make and enforce all necessary and proper regulations for:
(a)
The cleanliness of roads and streets of the district.
(b)
All other sanitary purposes not in conflict with the laws of this state.
(16)
Make and enforce necessary and proper regulations governing the storage,
collection, transportation and disposal of solid wastes where such regulations
are supplemental to the requirements of the Environmental Quality Commission
adopted pursuant to ORS 459.045 and are necessary to meet special local
conditions. [Amended by 1967 c.428 §13; 1969 c.563 §12; 1969 c.593 §38; 1971
c.36 §6; 1971 c.647 §86; 1971 c.648 §25; 1983 c.350 §266; 2001 c.104 §187; 2003
c.802 §116]
450.080
[Repealed by 2011 c.292 §4]
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 board’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 Oregon Health Authority and the
Environmental Quality Commission. [Amended by 2009 c.595 §872]
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 district’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 board’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 board’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 registered 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; 2009 c.259 §26]
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 registered 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;
2009 c.259 §27]
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 450.075, 450.085 to 450.115, 450.125 to 450.245
and the provisions of this section may be purchased by the State of Oregon as
investments of the fund designated in subsection (2) of this section.
(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 Oregon, and the principal, as it is repaid to the state by
sanitary districts, shall be credited to the General Fund to be available for
the payment of general governmental expenses. The State Treasurer is authorized
to sell at not less than cost, the bonds, in whole or in part, that have been
purchased under the authority of this section. The proceeds of sale of the
bonds shall be credited to the General Fund to be available for the payment of
general governmental expenses. [1959 c.425 §§1,2; 1963 c.341 §5; 1981 c.94 §40;
2005 c.755 §40]
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 is 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. [1955 c.614 §23; 2011 c.292 §3]
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 Oregon Health Authority and the Environmental Quality
Commission and shall be filed in the office of the sanitary 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 sanitary 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;
2009 c.595 §873]
450.850 Hearing on board’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 engineer’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 engineer’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 Employees’ retirement system.
(1) An authority may establish an employees’ 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 People’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 Klamath Falls to incur indebtedness.
(1) Subject to subsections (3) to (6) of this section, the South Suburban
Sanitary District of Klamath Falls, Oregon, may incur indebtedness by borrowing
money from financial institutions or issuing revenue bonds and using real
property of the district to secure the loan or provide security for payment of
the bonds.
(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 person’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 a Class C
misdemeanor. [Amended by 2011 c.597 §202]
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