§ 224.232 — Bond election; Environmental Quality Commission order; court enforcement; issuance of bonds without elector approval

Oregon § 224.232

• Jurisdiction: Oregon
• Vol.: 6
• Title 21: Cities
• Ch. 224: City Sewers and Sanitation

Text

(1) The governing body of the municipality, by proposed charter amendment or ordinance, may refer the question of acquiring and constructing the facilities to a vote of its electors, and after approval thereof by a majority of such electors, may authorize the issuance of and cause to be issued bonds of the municipality for such purposes. The bonds may be general obligation, limited obligation or self-liquidating in character in a sum not more than the amount authorized at such election. The bonds may provide for payment of principal and interest thereon from service charges to be imposed by the governing body for services to be extended through employment and use of the facilities. If service charges are imposed to be paid as provided in ORS 224.220 (1971 Replacement Part), such portion thereof as may be deemed sufficient shall be set aside as a sinking fund for payment of interest on the bonds and the principal thereof at maturity.
(2) When the Environmental Quality Commission enters an order pursuant to ORS 468.090 that requires the acquisition or construction of facilities in a municipality for compliance, the governing body of the municipality must refer to its electors the question of a bond issue in an amount sufficient to finance the necessary acquisition or construction of such facilities. The election must be held within one year of the date on which the order of the commission becomes final.
(3) If, within eight months after the final order of the commission becomes final, the governing body of the municipality has not called an election in compliance with subsection (2) of this section, the commission may apply to the circuit court of the county in which the municipality is located or to the circuit court of Marion County for an order compelling the holding of an election.
(4)(a) If the electors do not approve the bond issue submitted pursuant to subsection (2) or (3) of this section, the commission may apply to the circuit court of the county in which the municipality is located or to the circuit court of Marion County for an order directing that:
(A) Self-liquidating bonds of the municipality be issued and sold pursuant to ORS 224.210 to 224.260 (1971 Replacement Part); and
(B) The proceeds be applied to the acquisition or construction of facilities required to comply with the order of the commission.
(b) If the court finds that the facilities required by the order of the commission are necessary to the public health under the minimum standards of the commission, it shall issue an order directing that:
(A) Such bonds be issued and sold without elector approval in such an amount as the court finds necessary to acquire or construct such facilities; and
(B) The proceeds be applied for such purposes.
(5) Any court proceeding authorized by subsection (3) or (4) of this section shall be advanced on the court docket for immediate hearing.

Legislative History

1973 c.835 §162 amending 224.230 treated as reenactment of 224.230 repealed by 1973 c.213 §9; 2005 c.22 §166