Title 36, Public Health and Safety

(1) 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 ce…

(1) 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 a…

(1) 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. (2) Revenue bonds issued by a joint water and sanitary auth…

(1) ORS chapter 255 governs the following: (a) The nomination and election of the members of the board of directors of a joint water and sanitary authority. (b) The conduct of elections in the joint authority. (2) The members of the board of directors of a joint water and sanitar…

(1) The governing body of a water authority shall be a board of directors of five or seven members. (2) The term of office of a director of a water authority is four years. (3) Any elector residing within the proposed water authority is qualified to be a member of the board of di…

(1) The directors of a water authority may be elected by one of the following methods: (a) Elected by the electors of zones as nearly equal in population as feasible according to the latest federal decennial census. (b) Elected at large by position number by the electors of the d…

(1) 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. (2) When the petition or resolution proposing formation provides for…

A water authority may be formed by any of the methods provided for in ORS 450.665 to 450.680 or 450.785. [1987 c.863 §2; 1993 c.577 §24]

A water authority may be formed as provided in ORS 198.800 to 198.825 except that: (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 …

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…

(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 resolut…

(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. (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 t…

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]

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. [199…

(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 pre…

(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 o…

(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 unincorpora…

As used in ORS 450.600 to 450.989 unless the context clearly indicates otherwise: (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 acqu…

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 …

(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 …

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 mor…

(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.…

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] Note: 450.788 was added to and made a part of 450.600 to 450.989 by legislative action but was no…

(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. (2) Any elector residing within the proposed authority…

(1) ORS chapter 255 governs the following: (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 …

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

(1) The board may call special elections in the authority to be held on a date specified in ORS 255.345. (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 ma…

(1) The board is the governing body of the authority and shall exercise all powers thereof. (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…

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]

(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: (a) The control of sewage disposal and drainage. (b) The storage, collection, transportation and di…

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) Have and use a common seal. (2) Sue and be sued in its name. (3) Permit the use, by lease or otherwise, of any prop…

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. […

In addition to other powers granted to it under ORS 450.600 to 450.989, the authority may: (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 mosq…

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 coordinat…

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 outsi…

A sanitary authority may, in performing the powers conferred by ORS 450.830: (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) Purc…

(1) Water authorities and sanitary authorities are municipalities for the purposes of administering and enforcing the plumbing code as provided under ORS 455.150. (2) However, notwithstanding ORS 455.150 (3), a building official appointed by a water authority or sanitary authorit…

(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…

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 ar…

(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. (2) The board shall post notice of the time and place of the hearing in at least three c…

At the hearing under ORS 450.850 the board may: (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 a…

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 b…

(1) 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 …

(1) 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 boa…

(1) 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 assess…

(1) 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 …

(1) 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. (2) Th…

(1) The authority may, annually as provided in this section: (a) 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 45…

(1) 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 separ…

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 …