Oregon Revised Statutes

Chapter 451 — County Service Facilities

56 sections

451.010 Authorization to establish master plans and service districts; purposes

Master plans and service districts may be established as provided by this chapter regarding: Sewage works, including all facilities necessary for collecting, pumping, treating and disposing of sanitary or storm sewage. Drainage works, including all facilities necessary for collecting, pumping and disposing of storm and surface water. Street lighting works…

451.110 Definitions for ORS 451.110 to 451.140

As used in ORS 451.110 to 451.140, unless the context indicates otherwise: “County court” includes the board of county commissioners. “Service facilities” means public service installations, works or services provided within a county for any or all of the purposes specified in ORS 451.010.

451.120 Master plans for development of service facilities

The county court of any county may, for the protection of the health, safety and general welfare, prepare and adopt coordinated master plans for the development of service facilities: To serve unincorporated areas in the county; and For a service district established under ORS 451.410 to 451.600 and for which the county court serves as governing body, to s…

451.130 Conformity to master plan; approval

After a coordinated master plan has been adopted under ORS 451.120, the county court may enforce such plan by requiring that plans for the installation or operation of service facilities in areas under county jurisdiction outside the boundaries of cities or in areas within or served by a service district be submitted to the county court for approval, and tha…

451.140 Powers of county court under ORS 451.110 to 451.140

In carrying out the powers granted to the county court under ORS 451.110 to 451.140, the county court may: Conduct such surveys and investigations as may be necessary to develop coordinated master plans as provided in ORS 451.120. Provide for the administration and enforcement of such master plans by engineering analysis, inspection or other appropriate me…

451.410 Definitions for ORS 451.410 to 451.610

As used in ORS 451.410 to 451.610, unless the context indicates otherwise: “Change of organization” has the meaning given that term in ORS 198.705. “County” has the meaning given that term in ORS 198.705. “County court” includes the board of county commissioners. “District” means a county service district established under ORS 451.410 to 451.610 to provi…

451.420 District may construct and operate service facilities

When authorized as provided in ORS 451.410 to 451.610 a district may construct, maintain and operate any or all of the service facilities specified in ORS 451.010.

451.430 [1955 c.685 §3; 1961 c.576 §5; 1963 c.515 §9; 1967 c.249 §2; 1969 c.646 §2; 1971 c.291 §4; 1971 c.727 §129; repealed by 1973 c.785 §32]

451.435 Law governing district formation or change

All district formation and change of organization proceedings shall be initiated, conducted and completed as provided by ORS 198.705 to 198.955. Except for an order allowing an existing district established to provide sewage works to also provide drainage works, no county or portion thereof shall be included within a district that is to provide services in m…

451.440 Plans for service facilities

Prior to initiation of the formation of a district, the county court may cause engineering and program plans to be prepared. The plans may include: Preliminary plans for the service facilities to be constructed or provided. Estimated costs of construction, maintenance and operation. Recommendations as to boundaries of the district. Recommendations as to …

451.445 Formation of district upon finding of health hazard; assessment

When certified copy of the findings of the Director of the Oregon Health Authority is filed with the county court as provided by ORS 431.740 or 431.750, the county court shall, subject to ORS 198.792, proceed to form the district to provide the facilities described in the findings and shall enter an order in accordance with ORS 451.485. The county court sha…

451.450 [1955 c.685 §5; 1961 c.576 §7; 1963 c.515 §11; repealed by 1971 c.727 §203]

451.460 [1955 c.685 §6; 1963 c.515 §12; repealed by 1971 c.727 §203]

451.462 [1963 c.515 §12b; 1969 c.646 §3; repealed by 1971 c.727 §203]

451.465 [1961 c.576 §§9,11,12,13; 1963 c.515 §12c; repealed by 1971 c.727 §191]

451.467 [1961 c.576 §10; 1963 c.515 §13; 1969 c.646 §4; 1971 c.727 §132; repealed by 1973 c.785 §32]

451.469 [1969 c.646 §6; repealed by 1971 c.647 §149]

451.470 [1955 c.685 §7; repealed by 1961 c.576 §24]

451.472 District to construct and operate only authorized service facilities; additional authority; requirements for provision of drainage works

A district may construct, maintain and operate only those service facilities specified by ORS 451.010 that were authorized upon formation of the district. However, additional authority regarding service facilities may be given to a district by a proceeding initiated, conducted and completed in the same manner as is provided for in the original formation of a…

451.476 [1963 c.515 §13c; repealed by 1969 c.646 §18]

451.480 [1955 c.685 §8; repealed by 1961 c.576 §24]

451.485 Governing body of district; order preliminary to construction

The county court shall be the governing body of a county service district established under ORS 451.410 to 451.610. A district shall be known by the name or number specified in the order declaring its formation and by that name shall exercise and carry out the powers and duties conferred and declared in this chapter. Before proceeding to construct or provide…

451.487 Referendum on order; election

The order required by ORS 451.485 and any order which amends that order shall be subject to referendum vote within the district, notwithstanding the prior authorization of such service facilities by election during formation proceedings. The referendum may be ordered by resolution of the governing body of the district, or by petition filed as provided in thi…

451.490 Methods of financing service facilities

The district may, in accordance with the order adopted under ORS 451.485, finance the construction, operation or maintenance of service facilities for a district by: Use of funds from a fund established under ORS 280.055 or 451.540 to be repaid by the district without interest. Assessments against the property in the district with or without issuance of bo…

451.492 Financing portion of connection charges; lien

Subject to subsection (2) of this section, the rights and duties accorded a city and the owners of property in a city for financing assessments under ORS 223.205 and 223.210 to 223.295 shall apply in the same manner to districts for purposes of financing that portion of a connection charge imposed by a district which is greater than the amount necessary to r…

451.495 Ordinance governing certain assessments

If the cost, or any portion of the cost, of service facilities for a district is to be assessed under ORS 451.490 against the property directly benefited, the governing body of the district shall, before attempting to implement the service facilities, adopt a general ordinance providing for the method of assessment. The ordinance shall: Contain provision fo…

451.500 Charges and fees for financing service facilities

The district may by order or by ordinance, for the purpose of paying the costs of operation and maintenance of service facilities, and for the repayment of bonds, impose user charges on property served by the service facilities. The district may, from time to time when necessary, use moneys from the revolving fund for such maintenance and operation on a reim…

451.510 Collection of service charges

The district may contract with any city or water or other district serving water in the district to collect service or user charges with the water bills, and the serving agency may cut off water for nonpayment of such service or user charges. The district may pay the water-serving agency a reasonable charge for such collection services. Assessments of less …

451.520 Assessments to be entered on lien docket; foreclosure for failure to pay; reassessments

When assessments are made under ORS 451.410 to 451.610 they shall be entered in a permanent lien docket which shall be kept in the office of the county clerk of the county. The docket shall show 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 comple…

451.530 [1955 c.685 §13; 1961 c.576 §16; 1963 c.515 §17; 1965 c.227 §2; 1971 c.325 §4; 1973 c.785 §19; repealed by 1995 c.333 §37]

451.540 Tax levy for financing service facilities; hearing

The county court may, for the purpose of establishing a revolving fund to provide money to finance the construction under ORS 451.410 to 451.585 of those service facilities in the county that may be necessary and in implementation of the master plans provided for in ORS 451.120, levy an ad valorem tax of not to exceed 50 cents per year, for a period not to e…

451.542 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: 451.542 was added to and made a part of 451.410 to 451.610 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for furth…

451.545 Bond issue for financing service facilities

The district may, when authorized by a majority of the votes cast at an election by electors of the district, issue general obligation bonds for the purpose of paying the cost of acquisition or construction of service facilities. Each issue of general obligation bonds shall be the general obligation of the district and the principal and interest on the bonds…

451.547 Tax levies authorized

A district that has not previously imposed ad valorem property taxes may vote to establish a permanent rate limit for operating taxes in accordance with section 11 (3)(c), Article XI of the Constitution of the State of Oregon, and thereafter the district may levy ad valorem property taxes on property within the district for the purposes authorized by ORS 451…

451.550 Powers of district under ORS 451.410 to 451.610

For the purpose of carrying out the powers granted to the district under other provisions of ORS 451.410 to 451.610, the district may: Supervise, manage, control, operate and maintain service facilities. Compel all residents and property owners in a district to connect their property, houses and structures requiring sewage disposal or surface drainage with…

451.555 Districts formed to provide comprehensive planning services; adoption of land use plans; advisory committees

County service districts for the purpose of providing comprehensive planning for land use and public facilities for a district in the county may be formed in the manner provided by ORS 451.410 to 451.610 for establishing county service districts for other purposes. A district formed to provide comprehensive planning may, in accordance with ORS chapter 215, …

451.560 Agreements for cooperative financing of service facilities or for use, lease or joint operation of service facilities

The district may enter into agreements with any city, any county, the federal government, the state or any of its agencies, any district organized for a public purpose or any person for a period not to exceed 30 years for the cooperative financing of the construction, maintenance and operation of service facilities. The district may enter into agreements wi…

451.562 [1963 c.515 §21b; 1965 c.475 §1; 1967 c.248 §4; 1969 c.646 §13; 1971 c.291 §1; 1971 c.727 §134; repealed by 1973 c.785 §32]

451.563 [1967 c.248 §§2,3; repealed by 1969 c.646 §18]

451.564 [1967 c.538 §4; repealed by 1971 c.727 §203]

451.565 [1961 c.576 §21; 1965 c.304 §1; repealed by 1969 c.646 §18]

451.566 [1971 c.291 §3; repealed by 1973 c.785 §32]

451.568 [1973 c.211 §4; repealed by 2015 c.283 §2]

451.570 Regulations for sewage disposal, solid waste disposal, street cleaning and other authorized purposes

For the protection of the public health, safety and general welfare, the district may adopt and enforce reasonable and necessary regulations for: The control of sewage disposal in the district. The storage, collection, transportation and disposal of solid wastes within the district where such regulations are supplemental to the requirements of the regulati…

451.572 Certain special districts excluded from water supply county service districts

No part of the territory of a district proposed to be formed for the purposes authorized in ORS 451.010 (1)(f) as amended by section 1, chapter 287, Oregon Laws 1977, shall include territory within the boundaries of a district formed to supply water under ORS chapter 198, 261, 264 or 450 unless the governing bodies of the affected districts, by resolution, a…

451.573 Definitions for ORS 451.573 to 451.577

As used in ORS 451.573 to 451.577: “District” means, in addition to the meaning given that term in ORS 451.410, a county service district organized under the authority of a county charter. “Special district” means any one of the following districts: A drainage district organized under ORS chapter 547. A park and recreation district organized under ORS ch…

451.575 Withdrawal of special district before formation of or annexation to county service district; debt distribution plan; delivery of assets and records

If a district is authorized to construct, maintain and operate service facilities to provide services that are provided by a special district: The area within a special district described by ORS 451.573 (2)(a) shall not be included in or annexed to a district if prior to or at the hearing on the formation of or annexation to such district the governing body…

451.577 Dissolution of special district; service district to succeed

Subject to ORS 451.575, upon the effective date of the formation of a district, of an annexation of territory to a district or of an order that adds drainage works to the authority of a service district, a special district lying within the district shall be extinguished and dissolved and the district shall succeed to all the assets and become charged with al…

451.580 Disposition of moneys received under ORS 451.410 to 451.610

Except as otherwise provided in ORS 451.410 to 451.610, all moneys received by a district shall be paid to the county treasurer and deposited by the county treasurer in an appropriate district fund. The county treasurer, when ordered by a district governing body, shall establish separate accounts in the district fund or separate funds in the county treasury …

451.585 Duty of city when all or part of district incorporated or annexed

Whenever the entire area of a district is incorporated in or annexed to a city in accordance with law, the district shall be extinguished and the city shall upon the effective date of such annexation succeed to all the assets and become charged with all the liabilities, obligations and functions of the district. The district officers shall forthwith deliver …

451.590 Entry upon privately owned lands to survey or lay out service facilities

Officers and employees of a county or of a district may enter upon privately owned lands to survey or lay out service facilities by direction of the county court or governing body of the district. However, the county court or governing body of the district shall cause notification to be given to each occupant of the lands, either by registered or certified m…

451.600 Restrictions on altering, repairing or connecting with a service facility

No person shall alter, repair or make a connection with any service facility maintained by a district, unless that person: Obtains permission from the district that maintains the facility, and pays all deposits, charges or fees required by the district for granting such permission, before undertaking the work; and When appropriate, complies with ORS 447.01…

451.605 Formation of district for emergency communications system

When a district is established for the purpose of providing services related to the emergency communications system under ORS 403.105 to 403.250, the district shall consist of the 9-1-1 service area that is served by a public safety answering point. A district may include more than one city and county. Before a petition for formation of a district to provid…

451.610 Advisory committee for emergency communications system

The governing body of a district established to provide services related to the emergency communications system under ORS 403.105 to 403.250 shall appoint an advisory committee to advise and assist the governing body in providing the services. An advisory committee shall consist of one representative from each public or private safety agency, as defined in O…

451.620 Procedures for district formed subject to specified dissolution date

If a county service district is formed subject to a provision specifying a fiscal year for dissolution of the district, the board of directors shall, no later than 45 days after the start of that fiscal year, make the findings required by ORS 198.925 and adopt a plan of liquidation and dissolution providing for payment of nonassenting creditors, unless the b…

451.990 Penalties

Violation of ORS 451.600 or any regulation adopted pursuant to ORS 451.570 is a misdemeanor. _______________