Chapter 450 — Chapter 450
238 sections in this chapter.
ORS 450.005 Definitions for ORS 450.005 to 450.245. As used in ORS 450.005 to 450.245, unless the context requires otherwise
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(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 prop…
ORS 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]
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[Repealed or reserved.]
ORS 450.010 [Repealed by 1955 c.442 §1 (450.009 enacted in lieu of 450.010)]
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[Repealed or reserved.]
ORS 450.015 [Amended by 1969 c.563 §3; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 450.017 [1955 c.442 §4; 1969 c.563 §4; repealed by 1971 c.647 §149 and by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 450.020 [Amended by 1955 c.111 §1; 1969 c.563 §5; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 450.025 [Amended by 1969 c.563 §6; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 450.030 [Amended by 1969 c.563 §7; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 450.035 [Repealed by 1971 c.647 §149]
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[Repealed or reserved.]
ORS 450.040 [Amended by 1961 c.438 §3; repealed by 1971 c.647 §149]
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[Repealed or reserved.]
ORS 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
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(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 …
ORS 450.050 [Amended by 1969 c.563 §8; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 450.052 [1955 c.107 §1; 1969 c.563 §9; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 450.054 [1955 c.594 §2; 1969 c.563 §10; repealed by 1971 c.727 §203]
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(Officers and Elections)
ORS 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
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(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 boa…
ORS 450.057 [1961 c.438 §2; 1967 c.609 §9; repealed by 1971 c.647 §149]
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[Repealed or reserved.]
ORS 450.059 Election laws applicable. (1) ORS chapter 255 governs the following
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(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 §2…
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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 …
ORS 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
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(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, t…
ORS 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
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(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 givi…
ORS 450.075 Powers of sanitary district. A sanitary district may
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(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 dist…
ORS 450.080 [Repealed by 2011 c.292 §4]
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[Repealed or reserved.]
ORS 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
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(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]
ORS 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
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(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 associa…
ORS 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]
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(District Finances)
ORS 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
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(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; 2019 c.587…
ORS 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
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(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 ele…
ORS 450.100 [Repealed by 1971 c.647 §149]
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[Repealed or reserved.]
ORS 450.105 [Amended by 1961 c.438 §4; repealed by 1971 c.647 §149]
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[Repealed or reserved.]
ORS 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
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(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]
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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]
ORS 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
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(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 cos…
ORS 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
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(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.
ORS 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
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(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 purpos…
ORS 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
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(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.
ORS 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
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(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 fur…
ORS 450.155 [Amended by 1953 c.649 §2; 1955 c.19 §1; repealed by 1995 c.333 §37]
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[Repealed or reserved.]
ORS 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
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(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]
ORS 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
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(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…
ORS 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
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(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…
ORS 450.175 Collection of taxes; taxes as lien on property. (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
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(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 c…
ORS 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]
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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.
ORS 450.178 [1971 c.532 §2; repealed by 1983 c.350 §331a]
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[Repealed or reserved.]
ORS 450.182 [1971 c.532 §3; repealed by 1983 c.350 §331a]
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[Repealed or reserved.]
ORS 450.186 [1971 c.532 §4; repealed by 1983 c.350 §331a]
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[Repealed or reserved.]
ORS 450.190 [1971 c.532 §5; repealed by 1983 c.350 §331a]
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[Repealed or reserved.]
ORS 450.194 [1971 c.532 §6; repealed by 1975 c.647 §53]
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[Repealed or reserved.]