Chapter 450 — Chapter 450
238 sections in this chapter.
ORS 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
0.7K chars
(1) A petition for formation shall be signed by not less than 100 electors registered in the territory subject to the petition and shall state the number of members to be on the board of directors of the proposed authority. (2) In its order creating the water authority, the count…
ORS 450.670 [1987 c.863 §9; 1989 c.809 §6; renumbered 450.987 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 450.675 Formation of authorities from areas within one or more counties. Any portion of one or more counties, including both incorporated and unincorporated areas as well as areas within domestic water supply districts, county service districts for water supply works and other districts may be formed into a water authority under ORS 450.600 to 450.989. Such areas need not be contiguous. [1971 c.504 §3; 1993 c.577 §26]
0.0K chars
[Repealed or reserved.]
ORS 450.680 Formation of authorities by cities and water districts. (1) The governing bodies of two or more cities, two or more water districts or one or more cities and one or more water districts, when they consider it necessary for the public health, safety and welfare, may initiate the formation of a water authority by resolution. The resolution shall set forth the name and boundaries of the proposed water authority and the number of members to be on the board of directors of the proposed authority
2.0K chars
The governing bodies shall file the resolution with the governing body of the principal county, as defined in ORS 198.705. If any part of the proposed water authority is within a city, the resolution shall be accompanied by a certified copy of a resolution of the governing body o…
ORS 450.685 Application of certain provisions to authorities. (1) Except as provided by subsection (2) of this section, ORS 450.070, 450.084, 450.085 and 450.600 to 450.989 apply to a water authority
0.3K chars
(2) ORS 450.810 (1), 450.815 (7), (8) and (9), 450.820 and 450.835 do not apply to a water authority. (3) ORS 264.240, 264.250 (2), 264.300 to 264.320 and 264.505 to 264.840 are applicable to a water authority. [1971 c.504 §5; 1989 c.809 §4; 1993 c.577 §28]
ORS 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. [1987 c.863 §8; 1993 c.577 §29; 2007 c.783 §187]
0.0K chars
[Repealed or reserved.]
ORS 450.693 Services to other local governments authorized. A water authority may provide any of the services that it is authorized to provide under ORS 450.600 to 450.989 to other local governments as defined in ORS 174.116 situated within the boundaries of the authority at wholesale, retail or a combination of wholesale and retail. [1993 c.577 §13; 2003 c.802 §118]
0.0K chars
[Repealed or reserved.]
ORS 450.695 Acquisition of water rights; effect on priority of rights. (1) A water authority may acquire water rights from any local government as defined in ORS 174.116. Upon request by the authority if the water right acquired was for municipal use, the Water Resources Commission shall issue a new water right certificate to the water authority preserving the previously established priority of water rights
0.6K chars
(2) In accordance with ORS 540.520 and 540.530, a water authority may change the points of diversion of water or move the water intake sources as specified in the water right permits or certificates of those local governments as defined in ORS 174.116 that were merged into the au…
ORS 450.700 Acquisition of water rights; effect on prior rights. (1) A water authority may acquire water rights from any city or any district, as defined in ORS 543.655. Upon request by the authority, the Water Resources Commission shall issue a new water right certificate to the water authority preserving the previously established priority of water rights
0.5K chars
(2) Upon compliance with ORS 540.520 and 540.530, a water authority may change the points of diversion of water or move the water intake sources as specified in the water right permits of those districts that were merged into the authority. Upon the filing of notice of such chang…
ORS 450.705 Policy; construction. (1) It hereby is recognized and declared that the sewage disposal, drainage, insect control and related problems in many of the areas of the state where the population is rapidly expanding can best be solved through the cooperative and integrated effort and support of unincorporated and incorporated areas. It is the purpose of ORS 450.600 to 450.989 to provide a means whereby such cooperation and integration can be achieved and ORS 450.600 to 450.989 is to be construed liberally to accomplish this purpose
0.5K chars
(2) It is recognized also that potable water supply problems in many areas of the state where the population is rapidly expanding can best be solved through the cooperative and integrated effort and support of unincorporated and incorporated areas. It is the purpose of ORS 450.60…
ORS 450.710 Definitions for ORS 450.600 to 450.989. As used in ORS 450.600 to 450.989 unless the context clearly indicates otherwise
1.0K chars
(1) “Authority” means a sanitary authority established under ORS 450.600 to 450.989. (2) “Board” means the sanitary authority board under ORS 450.600 to 450.989. (3) “Construction” includes the acquisition of land or other property for the construction of an installation and the …
ORS 450.715 Areas which may be formed into sanitary authorities. Any portion of one or more counties, including both incorporated and unincorporated areas as well as areas within sanitary, drainage and other districts, may be formed into a sanitary authority under ORS 450.600 to 450.989. Such areas need not be contiguous. [1955 c.614 §3; 1989 c.809 §8]
0.0K chars
[Repealed or reserved.]
ORS 450.720 [1955 c.614 §4; repealed by 1971 c.727 §203]
0.0K chars
[Repealed or reserved.]
ORS 450.722 Formation of water or sanitary authority may include dissolution of certain existing districts. (1) When formation of a water authority or a sanitary authority is proposed, the petition or resolution for formation under ORS 198.705 to 198.955 or the resolution or order for formation under ORS 450.600 to 450.989 may include, in addition to the information required under ORS 198.705 to 198.955 and 450.600 to 450.989, a declaration that some or all of the existing water, sanitary or drainage districts located entirely within the proposed water authority or sanitary authority shall be dissolved upon formation of the authority
1.1K chars
(2) Upon formation of a water authority or a sanitary authority, the districts declared to be dissolved in the petition, resolution or order for formation, either as originally filed or as amended by a local government boundary commission or by a county governing body, are exting…
ORS 450.725 [1955 c.614 §5; repealed by 1971 c.727 §203]
0.0K chars
[Repealed or reserved.]
ORS 450.730 [1955 c.614 §6; repealed by 1971 c.727 §203]
0.0K chars
[Repealed or reserved.]
ORS 450.735 [1955 c.614 §7; repealed by 1971 c.727 §203]
0.0K chars
[Repealed or reserved.]
ORS 450.740 [1955 c.614 §8; repealed by 1971 c.727 §203]
0.0K chars
[Repealed or reserved.]
ORS 450.745 [1955 c.614 §9; repealed by 1971 c.727 §203]
0.0K chars
[Repealed or reserved.]
ORS 450.750 [1955 c.614 §10; repealed by 1971 c.727 §203]
0.0K chars
[Repealed or reserved.]
ORS 450.755 [1955 c.614 §11; repealed by 1971 c.647 §149 and by 1971 c.727 §203]
0.0K chars
[Repealed or reserved.]
ORS 450.760 [1955 c.614 §12; repealed by 1971 c.647 §149 and by 1971 c.727 §203]
0.0K chars
[Repealed or reserved.]
ORS 450.765 [1955 c.614 §13; 1967 c.609 §10; repealed by 1971 c.647 §149]
0.0K chars
[Repealed or reserved.]
ORS 450.770 [1955 c.614 §14; repealed by 1971 c.647 §149 and by 1971 c.727 §203]
0.0K chars
[Repealed or reserved.]
ORS 450.775 [1955 c.614 §15; repealed by 1971 c.647 §149 and by 1971 c.727 §203]
0.0K chars
[Repealed or reserved.]
ORS 450.780 [1955 c.614 §16; repealed by 1971 c.727 §203]
0.0K chars
[Repealed or reserved.]
ORS 450.785 Initiation of formation of sanitary authority by governing body without petition. In addition to other methods of initiating proceedings for the formation of a sanitary authority under ORS 450.705 to 450.860 and 450.865 to 450.945 and when they consider it necessary for the protection of the public health, safety and welfare, the governing bodies of one or more counties may on their own motion initiate the formation of a sanitary authority by order in the manner provided in ORS 198.835. However, a district proposed to be initiated under this section need not be located entirely within one county. If the governing body of more than one county initiates formation of a sanitary authority under this section, the governing body of the principal county, as that term is defined in ORS 198.705, shall set the date, time and place of the public hearing, give notice of the hearing, conduct the hearing and call the election as provided in ORS 198.800 to 198.825. [1955 c.614 §17; 1971 c.727 §126; 1983 c.740 §173]
0.0K chars
[Repealed or reserved.]
ORS 450.787 Formation of authorities by cities and sanitary or drainage districts. (1) The governing bodies of two or more cities, two or more sanitary or drainage districts or one or more cities and one or more districts, when they consider it necessary for the public health, safety and welfare, may initiate the formation of a sanitary authority by resolution. The resolution shall set forth the name and boundaries of the proposed sanitary authority. The governing bodies shall file the resolution with the governing body of the principal county, as defined in ORS 198.705. If any part of the proposed sanitary authority is within a city, the resolution shall be accompanied by a certified copy of a resolution of the governing body of the city approving the resolution that initiates formation of the sanitary authority
1.6K chars
(2) Upon receipt of the resolution, the county governing body or boundary commission shall determine that provision of sewage disposal or drainage services to the area within the proposed sanitary authority can best be achieved by creation of a sanitary authority rather than by s…
ORS 450.788 Law applicable to dissolution of authority. A water authority or a sanitary authority formed under ORS 450.600 to 450.989 may be dissolved in the manner set forth in ORS 198.920 to 198.955 for other districts. [1993 c.577 §12]
0.2K chars
Note: 450.788 was added to and made a part of 450.600 to 450.989 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. (Board and Elections)
ORS 450.790 Sanitary authority board. (1) The officers of the authority shall be a board of five members elected as provided in ORS 450.793 and 450.795, a chairperson of the board appointed under ORS 450.806 and a manager appointed by the board under ORS 450.806
0.4K chars
(2) Any elector residing within the proposed authority is qualified to be a member of the board of the authority. (3) Notwithstanding subsection (2) of this section, a person who is an employee of a sanitary authority is not qualified to serve as a member of the board of the sani…
ORS 450.793 Election laws applicable. (1) ORS chapter 255 governs the following
0.3K chars
(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 450.795 Nomination and election of first board members; terms. (1) The five persons receiving the highest number of votes shall be elected as members of the board
0.5K chars
(2) The terms of the members of the first board shall be determined by lot at their first meeting after their election. The terms of two of the members shall expire June 30 next following the date of the first regular election in the authority. The terms of three of the members s…
ORS 450.800 Regular and special elections; terms of members; vacancies. (1) The board may call special elections in the authority to be held on a date specified in ORS 255.345
0.4K chars
(2) Except as provided in ORS 450.795, the term of a board member is four years. (3) The board shall fill any vacancy on the board as provided in ORS 198.320. (4) The board may submit to the electors of the district at the regular election any measure which may properly be submit…
ORS 450.802 [1955 c.614 §21; repealed by 1971 c.403 §18]
0.0K chars
[Repealed or reserved.]
ORS 450.804 [1955 c.614 §22; repealed by 1969 c.669 §21]
0.0K chars
(Powers)
ORS 450.806 General powers of board; selection of board chairperson; appointment of authority manager. (1) The board is the governing body of the authority and shall exercise all powers thereof
0.4K chars
(2) The board shall every two years appoint one of its members as chairperson to serve for a two-year term. A chairperson so appointed is eligible for reappointment as chairperson. (3) The board shall appoint a professionally qualified person as manager of the authority. The mana…
ORS 450.808 General duties of authority manager. The manager of the authority shall, subject to the direction and control of the board, serve as the administrator and supervisor of the functions and operations of the authority and shall perform all duties prescribed by the board. [1955 c.614 §24]
0.0K chars
[Repealed or reserved.]
ORS 450.810 Board may adopt and enforce ordinances for sanitary purposes. (1) The district board may, for the protection of the health, safety and general welfare of the authority, adopt and enforce all necessary and proper regulations or ordinances for
0.7K chars
(a) The control of sewage disposal and drainage. (b) The storage, collection, transportation and disposal of solid wastes where such regulations are supplemental to the requirements of the rules of the Environmental Quality Commission adopted pursuant to ORS 459.045, and are nece…
ORS 450.815 General powers of authority. For the purpose of carrying out the powers granted to the authority under other provisions of ORS 450.600 to 450.989 and in addition thereto, the authority may
1.5K chars
(1) Have and use a common seal. (2) Sue and be sued in its name. (3) Permit the use, by lease or otherwise, of any property of the authority by any other authority, district, city or other governmental agency. (4) Acquire by purchase, gift, devise, condemnation proceedings or oth…
ORS 450.817 Services to other local governments authorized. A sanitary authority may provide any of the services that it is authorized to provide under ORS 450.600 to 450.989 to other local governments as defined in ORS 174.116 situated within the boundaries of the authority at wholesale, retail or a combination of wholesale and retail. [1993 c.577 §14; 2003 c.802 §120]
0.2K chars
Note: 450.817 was added to and made a part of 450.600 to 450.989 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
ORS 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
0.3K chars
(1) Maintain and operate disposal sites and garbage collection systems in compliance with the requirements of ORS 459.005 to 459.437, 459.992 (1) and (2) and 466.995 (1). (2) Engage in mosquito and other insect control activities. [1955 c.614 §27; 1967 c.428 §15; 1969 c.593 §40; …
ORS 450.825 Plan for sewage disposal and drainage to be developed by authority. As soon as practicable after the election of the first members of the board, the board shall make a study and survey of the existing sewage disposal facilities and systems in the authority and of its sewage disposal needs, both present and future, and prepare an overall coordinated plan for the authority which incorporates, so far as practicable, existing sewage disposal and drainage systems, future sewage treatment plants, including connecting trunk and lateral sewers, and future drainage systems. Such plan shall be revised from time to time as circumstances may require. In preparing the plan or revisions thereto, the board shall take into consideration expected fluctuations in population and in business and industrial activity. [1955 c.614 §28]
0.0K chars
[Repealed or reserved.]
ORS 450.830 Authority may construct and operate sewage disposal and drainage systems; operation beyond authority boundaries. The sanitary authority may construct, maintain or operate sewage disposal and drainage systems, including sewage treatment plants, trunk and lateral sewers and drains, or any combination thereof, for any area within the authority. Portions of such systems may be constructed outside the authority where necessary or expedient. The authority may furnish sewage disposal service to areas outside the authority on a contract basis. [1955 c.614 §29]
0.0K chars
[Repealed or reserved.]
ORS 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
0.9K chars
(1) Contract with any person, or enter into intergovernmental agreements under ORS chapter 190, for the use or joint operation of all or any portion of any sewage disposal or drainage system; or (2) Purchase all or any portion of any sewage disposal or drainage system on such ter…
ORS 450.837 Water and sanitary authority as municipality for purpose of enforcing plumbing code; limitations. (1) Water authorities and sanitary authorities are municipalities for the purposes of administering and enforcing the plumbing code as provided under ORS 455.150
0.9K chars
(2) However, notwithstanding ORS 455.150 (3), a building official appointed by a water authority or sanitary authority or an inspector acting under the authority and direction of such a building official shall administer and enforce only that portion of the plumbing code governin…
ORS 450.840 Costs for construction and operation of systems and general expenses of sanitary authority; how borne. (1) The cost of construction of a sewage disposal system, including treatment plants and trunk or lateral sewers, or a drainage system shall be borne by the area directly benefited by the system. The property within such area shall bear such cost in the manner provided in ORS 450.855
0.6K chars
(2) The cost of operation and maintenance of sewage disposal systems and drainage systems shall be borne by the area directly benefited by such systems. The property within such area shall bear such cost in the manner provided in ORS 450.880. (3) The costs and expenses of the aut…
ORS 450.845 Areas needing sewerage installations to be determined and plans for installations to be made. Whenever the board deems it expedient or necessary for the protection of the public health, safety and welfare to cause to be constructed treatment plants or trunk or lateral sewers or drains, or any combination thereof, the board shall determine the proposed boundaries of the area to be directly benefited thereby and have a registered professional engineer prepare plans and specifications for such plants, sewers or drains. Such plans and specifications must be approved by the Oregon Health Authority and the Environmental Quality Commission and shall be filed in the office of the sanitary authority. Parcels of land which may be served practicably by lateral sewers or drains connected with treatment plants or trunk sewers or drains and are not adequately served by existing plants, sewers or drains, as the case may be, are considered to be directly benefited by the plants, sewers or drains of the sanitary authority. If all or any portion of the cost of construction is to be specially assessed against individual property, the engineer shall include in the plans and specifications, a description of the location and assessed value of each lot, tract or parcel of land, or portion thereof, to be specially benefited by the improvement, with the names of the record owners thereof and an estimate of the unit cost of the improvement to the specially benefited property. [1955 c.614 §32; 2009 c.595 §873]
0.0K chars
[Repealed or reserved.]
ORS 450.850 Hearing on board’s proposed construction plans and estimated special assessments; notice of hearing. (1) After plans and specifications have been prepared and filed as provided in ORS 450.845, the board shall hold a hearing within the authority and may adjourn the hearings from time to time
1.2K chars
(2) The board shall post notice of the time and place of the hearing in at least three conspicuous places in the area directly benefited, for two weeks prior to the hearing and publish such notice in a newspaper of general circulation printed and published in the area once a week…
ORS 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
3.3K chars
(1) Modify the proposed boundaries of the area directly benefited by and to pay for the proposed installations except that no land in the authority which could not be directly benefited by the proposed installation may be included and no land in the authority which could be direc…
ORS 450.860 Portion of installation construction costs in an authority chargeable to area benefited. When in providing sewage disposal or drainage systems for an area within the authority the board determines that any portion of sewage treatment plants or trunk or lateral sewers or drains constructed or acquired, or being constructed or acquired, by the authority, will be used by the area, a fair and equitable portion of the original cost of such plants, sewers or drains and of improvements thereto, less depreciation, shall be charged to the area on an assessment or sewer service charge basis, or any combination thereof. The proceeds of such assessments or charges shall be used by the board, in its discretion, for payment of bonds issued to construct such plants, sewers or drains or for future improvements or additions to or maintenance of such plants, sewers or drains. The determination made under this section shall be made at the hearing of the board in connection with any proposed construction of sewage disposal or drainage systems for the area. [1955 c.614 §57]
0.0K chars
[Repealed or reserved.]