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Oregon Revised Statutes

Or. Rev. Stat. § 451.485 (2026)

Governing body of district; order preliminary to construction

✓ current as of May 2026
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      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:

      (1) Determining the service facilities to be constructed, maintained and operated and the part of the work to be undertaken immediately.

      (2) Determining the manner of financing the construction, maintenance and operation of the service facilities.

      (3) Determining the method by which the district shall bear the share of the cost of construction of the service facilities that is to be apportioned to the district.

      (4) Where it appears that any service facilities to be constructed will provide service to areas outside the district at some future date, determining the equitable and fair share of the cost of construction of such facilities that should be borne by such areas, which share shall be borne by the revolving fund established under ORS 451.540, by funds obtained by the county under ORS 280.055 or by any other method of financing described by ORS 451.490 until such areas are served by the facilities.

      (5) Where the service facilities of the district are to be integrated into other service facilities constructed or being constructed by another district or by other public bodies as defined in ORS 174.109, determining the fair and equitable amount the district should assume as its share of the construction of such other service facilities, which amount shall be paid to the other district or public body upon terms and conditions to which the governing body of the district has agreed.

      (6) In the case of sewage works, where trunk or interceptor sewers, treatment plants and similar facilities are to be charged to all property within the district while lateral sewers, street mains and similar facilities are to be charged only to property to be served immediately by the system, determining the fair and equitable share of the total cost to be charged to areas within the district.

      (7) If any of the cost of the work is to be assessed against benefited property, describing portions of the district, if any, within which service facilities will not be financed by assessment. [1961 c.576 §14; 1963 c.515 §14; 1969 c.646 §8; 1973 c.785 §11; 1981 c.570 §1; 2003 c.802 §124]

Notes of Decisions
Cited in 2 cases, 1981–1997 · leading case: Penland v. Redwood Sanitary Sewer Serv. Dist., 934 P.2d 434 (Or. Ct. App. 1997).
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Penland v. Redwood Sanitary Sewer Serv. Dist., 934 P.2d 434 (Or. Ct. App. 1997). “ORS 451.485. Accord Hawkins, 315 Or at 65 (decision of “city’s functionary’ to release untreated effluent into a slough, “did not create any future governmental or ‘departmental policy ”); McBride, 282 Or at 438 (“policy discretion is more likely to be found at or near the level…”
Sch. Dist. No. 48 v. Unified Sewerage Agency, 627 P.2d 485 (Or. Ct. App. 1981). “500 2 authorizes the board to assess connection fees by order or ordinance. Defendant contends that the decision to charge an additional connection fee in this instance constituted the "transaction of county business,” and thus, as defendant interprets former ORS 203.”
— Or. Rev. Stat. § 451.485(1) — 1 case
Sch. Dist. No. 48 v. Unified Sewerage Agency, 627 P.2d 485 (Or. Ct. App. 1981). “500 2 authorizes the board to assess connection fees by order or ordinance. Defendant contends that the decision to charge an additional connection fee in this instance constituted the "transaction of county business,” and thus, as defendant interprets former ORS 203.”
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