2017 ORS 450.985¹
Authority of South Suburban Sanitary District of Klamath Falls to incur indebtedness

(1) Subject to subsections (3) to (6) of this section, the South Suburban Sanitary District of Klamath Falls, Oregon, may incur indebtedness by borrowing money from financial institutions or issuing revenue bonds and using real property of the district to secure the loan or provide security for payment of the bonds.

(2) No recourse shall be had for payment of a loan made under this section, or interest thereon, against the general fund of the district, nor shall the credit or taxing power of the district be deemed to be pledged thereto.

(3) The governing body of the district, prior to borrowing money or issuing revenue bonds under subsections (1) and (2) of this section, must find that the real property tendered as security for the loan or bonds is:

(a) Not designated for use as park or open space land; and

(b) Surplus to the needs of the district.

(4) Prior to incurring indebtedness under subsections (1) and (2) of this section, the governing body of the district shall adopt an ordinance authorizing the indebtedness and shall submit the ordinance to the electors of the district for approval. The ordinance shall take effect and the indebtedness shall be incurred only upon approval of the ordinance by a majority of those voting upon the question.

(5) Loans made or revenue bonds issued under subsections (1) and (2) of this section and secured by real property of the district shall bear interest at the rate per annum fixed by the governing body of the district after consultation with the State Treasurer.

(6) Prior to foreclosure of real property used to secure a loan made or revenue bonds issued under subsections (1) and (2) of this section, the governing body of the district shall submit to the electors of the district the question of levying upon the taxable property within the district a sum sufficient to pay the principal and interest due on a loan made or revenue bonds issued under subsections (1) and (2) of this section. Upon approval by a majority of those voting on the question, the governing body shall levy the tax and pledge the revenues derived therefrom toward the discharge of the obligation incurred under subsections (1) and (2) of this section.

(7) As used in this section:

(a) “District” means the South Suburban Sanitary District of Klamath Falls, Oregon.

(b) “Financial institution” means a state or national bank, a mutual savings bank or a savings association. [1981 c.284 §§1,2,3,4,5,6]

Note: 450.985 (Authority of South Suburban Sanitary District of Klamath Falls to incur indebtedness) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 450 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Chapter 450

Notes of Decisions

Where city with home rule charter enacted ordinance imposing franchise fee on sanitary authority for use of city’s rights-of-way, ordinance operates concurrently with state law and is not preempted. Rogue Valley Sewer Services v. City of Phoenix, 262 Or App 183, 329 P3d 1 (2014), aff’d 357 Or 437, 353 P3d 581 (2015)

1 Legislative Counsel Committee, CHAPTER 450—Sanitary Districts and Authorities; Water Authorities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors450.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 450, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano450.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.