Chapter 224 — City Sewers and Sanitation

224.010 Definitions for ORS 224.010 to 224.170

As used in ORS 224.010 to 224.170, unless the context requires otherwise: “City” means any incorporated city or town. “Council” means the council or other municipal authority of a city.

224.020 Authority of city to construct sewer system

Whenever the council of any city deems it necessary or expedient to construct a sewer partially within and partially without the city, or to construct a sewer outlet, or do any other work, acts or things without the city for proper disposal of sewerage and drainage, the city, through its council, may acquire by purchase, condemnation or otherwise, any proper…

224.030 Authority of city over water and waterways; limitations

A city, through its council, may divert water and waterways, fill or drain lakes, ponds or other waters, increase or diminish the flow of waters in natural channels or dam channels and do such other acts and things as may be found necessary or essential for the matters provided for in ORS 224.010 to 224.120 and in ORS 224.170. However, no property rights or …

224.040 Assessment of property; collection

The council may provide for and make a local assessment for benefits against any and all property whether within or without the city or partially within or partially without the city and enforce a collection of such assessments.

224.050 Rights of owners outside city limits

The owners of property without the city shall be given like notice and shall have like opportunities of remonstrance and have all other rights and remedies which the owners of property within the city may have or be given, including the privileges of the Bancroft Bonding Act or similar charter provisions relating to bonding of assessments.

224.060 [Amended by 1959 c.220 §1; repealed by 1967 c.280 §1 (224.065 enacted in lieu of 224.060)]

224.065 Writ of review

Notwithstanding any of the provisions of ORS 224.010 to 224.170, owners of any property against which an assessment for a local improvement under this chapter has been imposed may seek a review thereof under the provisions of ORS 34.010 to 34.100.

224.070 [Amended by 1959 c.220 §2; repealed by 1967 c.280 §1 (224.065 enacted in lieu of 224.070)]

224.080 Record and effect of judgment

Upon final determination of the review a transcript of the judgment shall be filed with the auditor, clerk or other official of the city having charge of the assessment records, whereupon it shall be entered in the records of the city and other records as provided in ORS 224.090 and 224.100 and shall constitute the assessment against the property. It shall b…

224.090 Assessment lien on property outside city limits; priority

No assessment under ORS 224.040 against property beyond the limits of the city shall be a lien on the property until a certified transcript of the assessment in so far as it affects such property has been filed with the county clerk or other person having custody and charge of the mortgage records of the county. From the date of such filing the assessment sh…

224.100 Records and indexes of transcripts; effect of writ of review

The clerk or officer referred to in ORS 224.090 shall record the transcript referred to in that section in the mortgage records of the county and properly index it. The issuance of a writ of review shall not prevent the recording and indexing of such transcript, but upon final determination of the review a further transcript shall be recorded showing the amo…

224.110 Enforcing liens on property outside city limits

The city, through its council, may collect and enforce or provide for collecting and enforcing payment of liens created by virtue of ORS 224.090 or 224.100 by a sale of the property in the same manner and with the same force and effect as is or may be provided with respect to property within the city, or a proceeding in court to foreclose such liens.

224.120 Sale without foreclosure

In case of a sale without a foreclosure in court a duplicate certificate of sale shall be made by the city official making the sale and recorded with the county clerk or other officer having charge of mortgage records of the county. In case of redemption or issuance of a deed upon such certificate of sale a further certificate of such fact shall be made by t…

224.130 Assessment of property in drainage district

Nothing contained in ORS 224.010 to 224.170 shall authorize the city to assess any property now included in any drainage district organized under ORS 547.005 to 547.030 and beyond the limits of the city unless the owner of such property or the officers of such district consent thereto. However, if the owner of property in such district at any time desires to…

224.140 Authority to control sewer system

A city, through its council, may enact and enforce such ordinances and other provisions as may be necessary or essential for the proper policing, protection, management and control of sewers, ditches, canals and other works beyond the city limits and constructed by the city under or by virtue of ORS 224.010 to 224.170. The city may construct extensions, late…

224.150 Federal aid

The city may negotiate and obtain from the federal government financial aid in construction referred to in ORS 224.140 by a work relief program, grant, loan or other means of like or different nature.

224.160 Procurement of funds for construction

Pending the making of an assessment for all or part of any construction referred to in ORS 224.140, the city may make temporary loans or advances from the fund legally available under its charter in order to procure the federal aid or perform such construction, or both. Such loan shall be refunded from a local assessment when made and collected. If the city …

224.170 Certain laws and charter provisions applicable to property beyond city limits

The provisions of the city charter applicable to curative measures or reassessments shall be applicable to property without the city limits as well as to the property within the city. The owners of property beyond the city limits shall have like rights of objection, remonstrances, hearing and other remedies as the owners of property within the city or town. …

224.210 [Repealed by 1973 c.213 §9]

224.220 [Amended by 1971 c.573 §1; repealed by 1973 c.213 §9]

224.230 [Amended by 1967 c.427 §1; repealed by 1973 c.213 §9; amended by 1973 c.835 §162; amendment treated as reenactment, see 224.232]

CONSTRUCTION OF SEWER SYSTEM; BOND PLAN

224.232 Bond election; Environmental Quality Commission order; court enforcement; issuance of bonds without elector approval

The governing body of the municipality, by proposed charter amendment or ordinance, may refer the question of acquiring and constructing the facilities to a vote of its electors, and after approval thereof by a majority of such electors, may authorize the issuance of and cause to be issued bonds of the municipality for such purposes. The bonds may be general…

224.240 [Amended by 1965 c.283 §1; repealed by 1973 c.213 §9]

224.250 [Amended by 1967 c.293 §23; 1967 c.427 §2; repealed by 1973 c.213 §9]

224.260 [Repealed by 1973 c.213 §9]

224.270 Validation of bond issues

All proceedings and elections had prior to March 9, 1935, in cities of less than 100,000 population under ORS 224.232 and 224.270 are validated. All bonds voted prior to March 9, 1935, by any municipality, as defined in ORS 224.210 (1971 Replacement Part), for a sanitary disposal of sewage under ORS 224.210 to 224.260 (1971 Replacement Part) shall, when issu…

224.310 Definitions for ORS 224.310 to 224.420

As used in ORS 224.310 to 224.420, unless the context requires otherwise: “Municipality” means a duly incorporated city or town having a population of not more than 3,500 inhabitants as determined from the latest official enumeration of inhabitants, either federal or state, made prior to the date of authorization of the construction and establishment by the…

224.320 Municipalities eligible for state help in financing sewerage systems

Municipalities that have been certified by the Environmental Quality Commission as being in need of sewerage systems and that are unable to sell bonds upon the public market, or are unable to obtain satisfactory offers for bonds upon such market, for the purpose of financing the costs of construction thereof may apply to the State Treasurer for the purpose o…

224.330 Conditions precedent to financing application

A municipality shall not apply to the State Treasurer for financing under ORS 224.320 unless: It submits to the State Treasurer plans and specifications prepared by competent registered engineers setting forth the type or character of sewer system or sewerage facilities proposed for the particular municipality and the estimated cost of the system and of the…

224.340 Bonds; form and terms

Notwithstanding the provisions of any other Act or of any city charter, the bonds issued by municipalities pursuant to ORS 224.350 and 224.370 shall bear such dates, be in such form, run for such periods of time, bear such rates of interest, and be sold by the municipalities at such prices as the State Treasurer may determine.

224.350 General powers of State Treasurer under ORS 224.310 to 224.420; rules

The State Treasurer shall be the sole judge as to whether state funds shall be invested in the project and as to which undertakings shall first be financed. The decision of the State Treasurer on the subject of investment and priority shall be final. The State Treasurer may enlist the technical services of any state officer or department in a study of the f…

224.360 [Amended by 1953 c.287 §9; 1955 c.593 §3; repealed by 1967 c.335 §60]

224.370 Municipality or district not to issue other bonds

So long as any of the sewerage bonds of the municipality or district are owned by the state, the municipality or district shall not issue other bonds of any character without prior written approval of the State Treasurer.

224.380 Limitations on authority of State Treasurer to purchase bonds

The State Treasurer may purchase sewerage bonds from a municipality or sanitary district at private sale if the municipality or district does not receive any bids for the bonds, or if bids received therefor are unsatisfactory. General obligation sewer bonds or sewerage system bonds, other than those issued pursuant to applications to pay assessments in insta…

224.390 State Sewer Bond Revolving Fund

The State Sewer Bond Revolving Fund is created for investment under authority of ORS 224.310 to 224.420 and for payment of costs of the State Treasurer in carrying out the provisions of those sections. The State Treasurer may engage such assistance and incur such expenses as may be necessary for that purpose. The earnings of the revolving fund shall accrue t…

224.400 Approval by State Treasurer of rates, collection of charges and delinquent assessments; budget approval

Each municipality financing the cost of a sewerage system under authority of ORS 224.310 to 224.420 shall submit to the State Treasurer for approval a schedule of its rates and proposed method of collection of its sewerage charges. The rates shall be such as, in the judgment of the State Treasurer, shall provide sufficient funds with other revenues, if any, …

224.410 Authority to appoint receiver and withhold moneys from state sources on default

If any municipality fails to meet, when due, any obligation sold to the state under authority of ORS 224.310 to 224.420, the State Treasurer, with the approval of the circuit court of the county in which the major portion of the assessed valuation of the municipality is located, may appoint a receiver to operate the system. The receiver shall act in the capa…

224.420 Duty of local treasurer to keep funds separate and withhold bond payments; liability of treasurer

The treasurer of each municipality and of each sanitary district that finances the cost of a sewerage system or facilities under authority of ORS 224.310 to 224.420 shall keep collections or assessments for sewerage service separate and distinct from other funds of the municipality and shall withhold from tax receipts not less often than quarterly the full a…

224.450 Validation of revenue bonds issued by cities of less than 100,000; sale of bonds to federal government

All bonds or other obligations issued prior to November 15, 1936, by any city or town of less than 100,000 population, for the purpose of financing in whole or in part the construction, enlargement, extension, repair or improvement of a sewer system, including a sewage treatment or disposal plant and all facilities appurtenant to such system or connected the…

224.510 Sewage charge on water users

Unless prohibited by its charter, a city may impose on the users of water a sewage charge which shall be billed and collected by the city. The proceeds of the sewage charge may be used for paying, in whole or in part, the cost of planning, constructing or operating a sewage disposal system. The sewage charge shall be established and the rate fixed by the ci…