Oregon Statutes 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:
Terms Used In Oregon Statutes 451.485
- County court: includes board of county commissioners. See Oregon Statutes 174.100
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
(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]