Authorization to establish master plans and service districts; purposes
(1)Master plans and service districts may be established as provided by this chapter regarding:
(a)Sewage works, including all facilities necessary for collecting, pumping, treating and disposing of sanitary or storm sewage.
(b)Drainage works, including all facilities necessary for collecting, pumping and disposing of storm and surface water.
(c)Street lighting works, including all facilities necessary for the lighting of streets and highways.
(d)Public parks and recreation facilities, including land, structures, equipment, supplies and personnel necessary to acquire, develop and maintain such public park and recreation facilities and to administer a program of supervised recreation services.
(e)Diking and flood control works, including all facilities necessary for diking and control of watercourses.
(f)Water supply works and service, including all facilities necessary for tapping natural sources of domestic and industrial water, treating and protecting the quality of the water and transmitting it to the point of sale to any person, city, domestic water supply corporation or other public or private agency for domestic, municipal and industrial water supply service.
(g)Solid waste disposal. This paragraph does not apply in Clackamas, Multnomah and Washington Counties.
(h)Public transportation, including public depots, public parking and the motor vehicles and other equipment necessary for the transportation of persons together with their personal property.
(i)Agricultural educational extension services.
(j)Emergency medical services, including ambulance services.
(m)Services related to the emergency communications system established under ORS 403.105 (Definitions for ORS 305.823 and 403.105 to 403.250) to 403.250 (Primary public safety answering points).
(n)Law enforcement services.
(2)Within the geographical jurisdiction of any local government boundary commission established by or pursuant to ORS 199.410 (Policy) to 199.519 (Effective date of boundary change), in addition to the purposes described in subsection (1) of this section, master plans and service districts may be established as provided by this chapter regarding:
(a)Fire prevention and protection.
(b)Hospital and ambulance services.
(3)Within the boundaries of any subdivision, service districts may be established as provided by this chapter regarding:
(a)Fire prevention and protection.
(b)Security services provided by contract with an association of homeowners whose property is located entirely within the boundaries of the service district, which services may include the enforcement of the rules or regulations of the association dealing with public access to or the use of the property of the association, routine patrolling and inspection of private areas located within the jurisdiction of the association and matters of traffic and safety within such areas.
(c)Law enforcement services.
(d)Hospital and ambulance services.
(f)Activities set forth in subsection (1)(a), (f), (g), (j) and (m) of this section.
(4)As used in subsection (3) of this section, “subdivision” means a subdivision as defined by ORS 92.010 (Definitions for ORS 92.010 to 92.192) or any contiguous group of such subdivisions that:
(a)Is a planned community within the meaning of ORS 94.550 (Definitions for ORS 94.550 to 94.783) without regard to whether such subdivision or group of subdivisions is subject to ORS 94.550 (Definitions for ORS 94.550 to 94.783) to 94.783 (When certain administrative provisions apply);
(b)Is located entirely within an unincorporated area and is everywhere separated by a distance of five miles or more from an urban growth boundary described in an acknowledged comprehensive plan of a city or the urban growth boundary adopted by a metropolitan service district under ORS 268.390 (Planning for activities and areas with metropolitan impact) (3); and
(c)Prior to the establishment of a service district under subsection (3) of this section, is designated a subdivision for purposes of this subsection by the governing body of the county in which the subdivision or group of subdivisions is located.
(5)Within the boundaries of Washington County, master plans and service districts may be established as provided by this chapter regarding water resource management services that affect the quality and quantity of water within a single watershed, basin or planning area. As used in this subsection, “water resource management services” means:
(a)Planning for and provision of two or more services or facilities such as sewage works, drainage works, surface water management, endangered species recovery management, water quality management, diking and flood control works, river flow management, water supply works, wastewater reuse and irrigation facilities.
(b)Activities ancillary to the services and facilities listed in paragraph (a) of this subsection, including facilities for the production, sale or purchase of energy when such facilities are integrated in a master plan adopted under ORS 451.120 (Master plans for development of service facilities). [1963 c.515 §2; 1965 c.246 §1; 1967 c.538 §1; 1971 c.674 §1; 1971 c.687 §1; 1973 c.211 §1; 1973 c.785 §1; 1975 c.630 §1; 1977 c.60 §1; 1977 c.287 §1; 1979 c.221 §1; 1985 c.472 §1; 1987 c.525 §1; 1989 c.668 §1; 1989 c.793 §24; 1995 c.303 §2; 1999 c.166 §1; 1999 c.677 §66; 1999 c.759 §1; 2005 c.101 §1; 2005 c.510 §1; 2015 c.247 §34]
Atty. Gen. Opinions
General law counties’ statutory authority on public transportation, (1973) Vol 36, p 672