Oregon Revised Statutes

Chapter 450 — Sanitary Districts and Authorities; Water Authorities

238 sections

450.005 Definitions for ORS 450.005 to 450.245

As used in ORS 450.005 to 450.245, unless the context requires otherwise: “District board” means the governing body of a district. “County board” means the county court or board of county commissioners of the county. “County” means the county in which the district, or the greater portion of the taxable assessed value of the district or proposed district, …

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.

450.010 [Repealed by 1955 c.442 §1 (450.009 enacted in lieu of 450.010)]

450.015 [Amended by 1969 c.563 §3; repealed by 1971 c.727 §203]

450.017 [1955 c.442 §4; 1969 c.563 §4; repealed by 1971 c.647 §149 and by 1971 c.727 §203]

450.020 [Amended by 1955 c.111 §1; 1969 c.563 §5; repealed by 1971 c.727 §203]

450.025 [Amended by 1969 c.563 §6; repealed by 1971 c.727 §203]

450.030 [Amended by 1969 c.563 §7; repealed by 1971 c.727 §203]

450.035 [Repealed by 1971 c.647 §149]

450.040 [Amended by 1961 c.438 §3; repealed by 1971 c.647 §149]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

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. A person is qualified to be a member of the board if the person is an elector of or owner in the district. If the first board to be elected has three member…

450.050 [Amended by 1969 c.563 §8; repealed by 1971 c.727 §203]

450.052 [1955 c.107 §1; 1969 c.563 §9; repealed by 1971 c.727 §203]

450.054 [1955 c.594 §2; 1969 c.563 §10; repealed by 1971 c.727 §203]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

The officers of the district shall be the district board, consisting of three or five members, and a secretary appointed by the board. 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 …

450.057 [1961 c.438 §2; 1967 c.609 §9; repealed by 1971 c.647 §149]

450.059 Election laws applicable

ORS chapter 255 governs the following: The nomination and election of members of the district board. The conduct of district elections. 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.

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

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 …

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

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. The secretary shall receive such compensation as is fixed by the order of the board. The secretary shall perform all duties required by the board and those prescribed in ORS 450.005 to 450.245. Withi…

450.070 Meetings of board

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. In case of the absence or inability of the president or secretary to act, the board may, by order entered in its minutes, ch…

450.075 Powers of sanitary district

A sanitary district may: Have and use a common seal. Sue and be sued in its name. 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…

450.080 [Repealed by 2011 c.292 §4]

450.082 District may contract for employee health care services or insurance

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 …

450.084 Payment for services or insurance by district

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 v…

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. (District Finances)

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

Moneys of the district may be deposited in accordance with ORS 295.001 to 295.108 and as designated by the district board. Moneys 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: Specify the name of the person to whom the moneys are paid; Specify the fund…

450.095 Bond election

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: May order the election on its own resolution; or Shall order the elect…

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

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. 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 semiannua…

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 t…

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.

450.125 Payment of bonds; issuance of improvement bonds

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. Improvement bonds may be issued in the manner provided by ORS 223.205 and 223.210 to 223.295 wit…

450.130 Sewer service charges; collection and enforcement

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. 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 age…

450.135 Ordinance declaring method of payment

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 fun…

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: Contain provision for notice to property owners of intention to make the …

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

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 th…

450.150 Hearing of objections to proposed improvements

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. If two-thirds or more of the owners of the property directly benefited, which is liable for any of the cost of the sewers, d…

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

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 th…

450.165 Preparation and approval of plans for drains and sewer installations

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 pro…

450.170 Levy of taxes

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. 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 outs…

450.175 Collection of taxes; taxes as lien on property

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. 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 shal…

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. 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 furth…

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

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 terri…

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

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. Unless a plan for division of properties has been agreed upon…

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

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. No right or obligatio…

450.250 Definitions for ORS 450.250 to 450.300

“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. “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 …

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 sewe…

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: 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 …

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 so…

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

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. The State Treasurer may enlist the technical services of any state officer or department in a st…

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.

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

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 maintena…

450.285 State Sanitary District Sewer Bond Fund

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. The ear…

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

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 a…

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 wh…

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 propo…

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

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 co…

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

A joint water and sanitary authority may be formed as provided in ORS 198.705 to 198.955. 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. When the effective date of the for…

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

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). T…

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

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 ele…

450.610 Initiation of proceedings for consolidation; resolution by governing bodies

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 distri…

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

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. 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…

450.620 Assembly of governing bodies; order for election on consolidation

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 …

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.

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

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.…

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

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. Each director elected shall h…

450.640 Powers of joint authority; issuance of revenue bonds

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. Revenue bonds issued by a joint water and sanitary authority shall be issued as prescribed in ORS chapter 287A.

450.645 Election laws applicable

ORS chapter 255 governs the following: The nomination and election of the members of the board of directors of a joint water and sanitary authority. The conduct of elections in the joint authority. 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. WA…

450.650 Board of directors; terms; qualifications

The governing body of a water authority shall be a board of directors of five or seven members. The term of office of a director of a water authority is four years. Any elector residing within the proposed water authority is qualified to be a member of the board of directors of the authority. Notwithstanding subsection (3) of this section, a person who is…

450.655 Methods of election of authority directors

The directors of a water authority may be elected by one of the following methods: Elected by the electors of zones as nearly equal in population as feasible according to the latest federal decennial census. Elected at large by position number by the electors of the district. Candidates for election from zones shall be nominated by the electors of the zon…

450.658 Election of directors; terms

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. 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 e…

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.

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: 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. In its order creating the water authority, the county b…

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.

450.680 Formation of authorities by cities and water districts

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 …

450.685 Application of certain provisions to authorities

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. ORS 450.810 (1), 450.815 (7), (8) and (9), 450.820 and 450.835 do not apply to a water authority. ORS 264.240, 264.250 (2), 264.300 to 264.320 and 264.505 to 264.840 are applicable to a water authority.

450.690 Public body; issuance of 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.

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.

450.695 Acquisition of water rights; effect on priority of rights

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. In accordance with ORS…

450.700 Acquisition of water rights; effect on prior rights

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. Upon compliance with ORS 540.520 and 540.530, a water authority may…

450.705 Policy; construction

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…

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: “Authority” means a sanitary authority established under ORS 450.600 to 450.989. “Board” means the sanitary authority board under ORS 450.600 to 450.989. “Construction” includes the acquisition of land or other property for the construction of an installation and the improve…

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.

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

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 exi…

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 authorit…

450.787 Formation of authorities by cities and sanitary or drainage districts

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 aut…

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. 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 explan…

450.790 Sanitary authority board

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. Any elector residing within the proposed authority is qualified to be a member of the board of the authority. Notwithstanding subsection…

450.793 Election laws applicable

ORS chapter 255 governs the following: The nomination and election of members of the district board. The conduct of district elections. 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.

450.795 Nomination and election of first board members; terms

The five persons receiving the highest number of votes shall be elected as members of the board. 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…

450.800 Regular and special elections; terms of members; vacancies

The board may call special elections in the authority to be held on a date specified in ORS 255.345. Except as provided in ORS 450.795, the term of a board member is four years. The board shall fill any vacancy on the board as provided in ORS 198.320. The board may submit to the electors of the district at the regular election any measure which may proper…

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

The board is the governing body of the authority and shall exercise all powers thereof. 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. The board shall appoint a professionally qualified person as manager of the authority. The ma…

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.

450.810 Board may adopt and enforce ordinances for sanitary purposes

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: The control of sewage disposal and drainage. The storage, collection, transportation and disposal of solid wastes where such regulations are supplemental to the requirements of the …

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: Have and use a common seal. Sue and be sued in its name. Permit the use, by lease or otherwise, of any property of the authority by any other authority, district, city or other governmental agency…

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. Note: 450.817 was added to and made a part of 450.600 to 450.989 by legislative …

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: 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). Engage in mosquito and other insect control activities.

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 se…

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 …

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: 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 Purchase all or any portion of any sewage disposal or drainage system on such terms as are…

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

Water authorities and sanitary authorities are municipalities for the purposes of administering and enforcing the plumbing code as provided under ORS 455.150. 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 …

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

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. The cost of operation and maintenance of sewage disposal systems and drainage…

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 …

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

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. 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 an…

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: 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 insta…

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, se…

450.865 Ordinance specifying action of board at hearing; remonstrances

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,…

450.867 Election on ordinance adopted under ORS 450.865

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…

450.870 Assessments against benefited property; lien against land

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 assessment…

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

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 t…

450.880 Sewer service charges

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. The board may contract with any city or district serving water in such area to collect su…

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

The authority may, annually as provided in this section: 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. Levy an additional tax on th…

450.890 Collection of taxes; taxes as lien on property

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. The taxes shal…

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 …

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 223.316. 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 t…

450.900 Election on bond issues; limitation on indebtedness

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 sew…

450.905 Notice of bond election

Notice of a bond election shall contain: The information required by ORS 255.085 (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 direc…

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.

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. T…

450.925 Issuance of refunding bonds

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. The provisions of ORS 287A.360 to 287A.380 are applicable to refunding bonds issued and sold under this section. The refunding bonds may be issued to refund bonds originally issued or to refund bo…

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.

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

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 ou…

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

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 …

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

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 …

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

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. The retirement plan may provide for retirement benefits measured on the basis of services rendered…

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: 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…

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.

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.

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. (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.

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

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. No recourse shall be had for payment of a loa…

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 sanit…

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.

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

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 re…

450.990 Penalties

Violation of any regulation or ordinance under ORS 450.085 is a Class C misdemeanor. _______________