Oregon Statutes 468.265 – Powers of county over pollution control facilities; limitations
(1) In addition to any other powers which it may now have, each county shall have the following powers, together with all powers incidental thereto or necessary for the performance of the following:
Terms Used In Oregon Statutes 468.265
- Devise: To gift property by will.
- 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
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
(a) To acquire, whether by purchase, exchange, devise, gift or otherwise, establish, construct, improve, maintain, equip and furnish one or more pollution control facilities or any interest therein to be located, in whole or in part, within such municipality or in another municipality, if the other municipality gives written consent.
(b) To enter into a lease, sublease, lease-purchase, installment sale, sale, or agreement for any facility upon such terms and conditions as the governing body may deem advisable, provided the same shall at least fully cover all debt service requirements with respect to the facility and shall not conflict with the provisions of ORS § 468.263 to 468.272.
(c) To sell, exchange, donate and convey to others any or all facilities upon such terms as the governing body may deem advisable, including the power to receive for any such sale the note or notes of the purchaser of the facilities or property whenever the governing body finds any such action to be in furtherance of the purposes of ORS § 468.263 to 468.272.
(d) To issue revenue bonds for the purpose of carrying out any of its powers under ORS § 468.263 to 468.272.
(e) Whenever the governing body finds such loans to be in the furtherance of the purposes of ORS § 468.263 to 468.272 and subject always to the limitations contained in ORS § 468.266, to make secured or unsecured loans for the purpose of financing or refinancing the acquisition, construction, improvement or equipping of a facility and to charge and collect interest on such loans and pledge the proceeds thereof as security for the payment of the principal and interest of any bonds issued hereunder and any agreements made in connection therewith. A facility, in whole or in part, must be located in the municipality or in another municipality if the other municipality gives written consent.
(f) To mortgage and pledge any or all facilities or any part or parts thereof, whether then owned or thereafter acquired, and to pledge the revenues, proceeds and receipts or any portion thereof from a facility as security for the payment of the principal of and interest on any bonds so issued.
(g) To refund outstanding obligations incurred by an enterprise to finance the cost of a facility when the governing body finds that such refinancing is in the public interest.
(h) To pay compensation for professional services and other services as the governing body shall deem necessary to carry out the purposes of ORS § 468.263 to 468.272.
(i) To acquire and hold obligations of any kind to carry out the purposes of ORS § 468.263 to 468.272.
(j) To invest and reinvest funds under its control as the governing body shall direct.
(k) To enter into contracts and execute any agreements or instruments and to do any and all things necessary or appropriate to carry out the purposes of ORS § 468.263 to 468.272.
(L) To acquire, own, sell, assign or otherwise hold legal or equitable title to or an interest in pollution control facilities or hold federal tax ownership of pollution control facilities.
(2) The county shall not have the power to operate any facility as a business other than as owner pursuant to subsection (1)(L) of this section or as lessor or seller, nor shall it permit any funds derived from the sale of bonds to be used by any lessee or purchaser of a facility as working capital.
(3) Counties may jointly exercise any power or authority granted under ORS § 468.263 to 468.272, including, without limitation, the power to borrow money or issue bonds or notes.
(4) For the purpose of exercising the power and authority granted under ORS § 468.263 to 468.272, a county is not subject to the requirements of ORS § 279.835 to 279.855 or ORS Chapter 279A, 279B or 279C. [1974 c.34 § 3; 2001 c.680 § 7; 2003 c.794 § 292]
See note under 468.263.