Chapter 451 — Chapter 451

ORS 451.010 Authorization to establish master plans and service districts; purposes. (1) Master plans and service districts may be established as provided by this chapter regarding

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ORS 451.110 Definitions for ORS 451.110 to 451.140. As used in ORS 451.110 to 451.140, unless the context indicates otherwise

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ORS 451.120 Master plans for development of service facilities. (1) 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

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ORS 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 that such installation or operation shall conform to the master plan. [1955 c.509 §3; 1961 c.576 §2; 1963 c.515 §5; 1969 c.646 §1; 1989 c.429 §2]

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ORS 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

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ORS 451.410 Definitions for ORS 451.410 to 451.610. As used in ORS 451.410 to 451.610, unless the context indicates otherwise

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ORS 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. [1955 c.685 §2; 1963 c.515 §8; 1973 c.785 §6]

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451.430 [1955 c.685 §3; 1961 c.576 §5; 1963 c.515 §9; 1967 c.249 §2; 1969 c.646 §2; 1971 c.291 §4; 1971 c.727 §129; repealed by 1973 c.785 §32]

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ORS 451.435 Law governing district formation or change. (1) 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 more than one county without the consent of the governing body of the affected county

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ORS 451.440 Plans for service facilities. (1) 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

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ORS 451.445 Formation of district upon finding of health hazard; assessment. (1) 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

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ORS 451.450 [1955 c.685 §5; 1961 c.576 §7; 1963 c.515 §11; repealed by 1971 c.727 §203]

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ORS 451.460 [1955 c.685 §6; 1963 c.515 §12; repealed by 1971 c.727 §203]

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ORS 451.462 [1963 c.515 §12b; 1969 c.646 §3; repealed by 1971 c.727 §203]

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

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

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

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

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ORS 451.472 District to construct and operate only authorized service facilities; additional authority; requirements for provision of drainage works. (1) 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 district or as otherwise provided by law

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

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

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ORS 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 any service facilities authorized by this chapter, the governing body of the district shall make an order

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ORS 451.487 Referendum on order; election. (1) 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 this section

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ORS 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

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ORS 451.492 Financing portion of connection charges; lien. (1) 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 reimburse the district for its costs of inspection and installing connections with the sanitary sewer mains of the district

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ORS 451.495 Ordinance governing certain assessments. (1) 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

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ORS 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 reimbursable basis. User charges, connection fees or service charges shall be based upon the costs of operation, maintenance and supervision of service facilities and the costs of bond repayment. [1955 c.685 §10; 1969 c.646 §10; 1973 c.785 §16]

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ORS 451.510 Collection of service charges. (1) 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

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ORS 451.520 Assessments to be entered on lien docket; foreclosure for failure to pay; reassessments. (1) 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 complete record of the assessment and the payments thereon

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ORS 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]

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ORS 451.540 Tax levy for financing service facilities; hearing. (1) 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 exceed five years, for each $1,000 of real market value of taxable property within all areas of the county, to be served by the facilities included in the master plan. The revenues derived from the taxes shall be deposited with the county treasurer and credited to the revolving fund. Moneys in the revolving fund shall be disbursed by the county treasurer on order of the county court and used solely for the purposes authorized in ORS 451.410 to 451.610

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ORS 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. [2001 c.138 §34]

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ORS 451.545 Bond issue for financing service facilities. (1) 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 shall be paid by the district by assessments, charges, or ad valorem taxes imposed or levied within the district as may be determined by the governing body of the district under ORS 451.490. Bonds authorized by this section shall be issued in accordance with ORS chapter 287A, except as otherwise provided in this section

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ORS 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 451.410 to 451.610. If a district has established a permanent rate limit in accordance with this section, the provisions of ORS 294.305 to 294.565 shall apply to the district. [1961 c.576 §20; 1963 c.515 §19a; 1971 c.647 §104; 1973 c.785 §21; 1997 c.541 §385]

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ORS 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

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ORS 451.555 Districts formed to provide comprehensive planning services; adoption of land use plans; advisory committees. (1) 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

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ORS 451.560 Agreements for cooperative financing of service facilities or for use, lease or joint operation of service facilities. (1) 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

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ORS 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]

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

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

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

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

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

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ORS 451.570 Regulations for sewage disposal, solid waste disposal, street cleaning and other authorized purposes. (1) For the protection of the public health, safety and general welfare, the district may adopt and enforce reasonable and necessary regulations for

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ORS 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, approve the inclusion of their territories prior to the hearing held under ORS 198.805 for formation of the new district. [1977 c.287 §2]

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ORS 451.573 Definitions for ORS 451.573 to 451.577. As used in ORS 451.573 to 451.577

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ORS 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

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ORS 451.577 Dissolution of special district; service district to succeed. (1) 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 all the liabilities, obligations and functions of the special district

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ORS 451.580 Disposition of moneys received under ORS 451.410 to 451.610. (1) 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 for the segregation of sinking or reserve funds or accounts, of operating funds or accounts or of any other funds or accounts found necessary or expedient by the district. However, no moneys received by a district shall be used for any purpose other than for carrying out the purposes of ORS 451.410 to 451.610 and all funds, facilities, personnel or supplies of the county used for those purposes shall be charged to the appropriate district fund or account

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ORS 451.585 Duty of city when all or part of district incorporated or annexed. (1) 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 to the city officers the district assets and records. Uncollected taxes theretofore levied by such district shall become the property of the city and be delivered to it by the county treasurer upon collection

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