ORS 224.232
Bond election

  • Environmental Quality Commission order
  • court enforcement
  • issuance of bonds without elector approval

(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 (Complaint procedure) 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)

Intentionally left blank —Ed.

(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. [1973 c.835 §162 amending 224.230 treated as reenactment of 224.230 repealed by 1973 c.213 §9; 2005 c.22 §166]
Note: 224.232 (Bond election) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 224 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 224.232 — Bond election; Environmental Quality Commission order; court enforcement; issuance of bonds without elector approval, https://www.­oregonlegislature.­gov/bills_laws/ors/ors224.­html.

224.010
Definitions for ORS 224.010 to 224.170
224.020
Authority of city to construct sewer system
224.030
Authority of city over water and waterways
224.040
Assessment of property
224.050
Rights of owners outside city limits
224.065
Writ of review
224.080
Record and effect of judgment
224.090
Assessment lien on property outside city limits
224.100
Records and indexes of transcripts
224.110
Enforcing liens on property outside city limits
224.120
Sale without foreclosure
224.130
Assessment of property in drainage district
224.140
Authority to control sewer system
224.150
Federal aid
224.160
Procurement of funds for construction
224.170
Certain laws and charter provisions applicable to property beyond city limits
224.232
Bond election
224.270
Validation of bond issues
224.310
Definitions for ORS 224.310 to 224.420
224.320
Municipalities eligible for state help in financing sewerage systems
224.330
Conditions precedent to financing application
224.340
Bonds
224.350
General powers of State Treasurer under ORS 224.310 to 224.420
224.370
Municipality or district not to issue other bonds
224.380
Limitations on authority of State Treasurer to purchase bonds
224.390
State Sewer Bond Revolving Fund
224.400
Approval by State Treasurer of rates, collection of charges and delinquent assessments
224.410
Authority to appoint receiver and withhold moneys from state sources on default
224.420
Duty of local treasurer to keep funds separate and withhold bond payments
224.450
Validation of revenue bonds issued by cities of less than 100,000
224.510
Sewage charge on water users
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