ORS 454.235
Election

  • bonds
  • when election required
  • compelling election
  • when bonds can be ordered sold

(1)

The governing body of the municipality, by proposed charter amendment or ordinance, may refer the question of acquiring and constructing a disposal or water system, as defined in ORS 448.115 (Definitions for ORS 448.115 to 448.285), 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 and shall be subject to ORS 454.205 (“Municipality” defined) to 454.255 (Plans and cost estimates). 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 disposal or water system. If service charges are imposed to be paid as provided in ORS 454.225 (Rates and charges), such portion thereof as may be deemed sufficient shall be set aside as a sinking fund for payment of interest on the bond and the principal thereof at maturity.

(2)

Intentionally left blank —Ed.

(a)

When the Environmental Quality Commission or the Oregon Health Authority enters an order pursuant to ORS chapter 183 that requires the acquisition or construction of a disposal system or a water system in a municipality, respectively, the governing body of the municipality shall refer to its electors the question of a bond issue in an amount sufficient to finance the necessary acquisition or construction of such disposal or water system. The election shall be held within one year of the date the order of the commission or authority is entered.

(b)

If, within eight months after the order of the commission or authority, the governing body of the municipality has not called an election in compliance with paragraph (a) of this subsection, the commission or authority, whichever is appropriate, 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.

(c)

If the electors do not approve the disposal system bond issue, submitted pursuant to paragraph (a) or (b) of this subsection, 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 self-liquidating bonds of the municipality be issued and sold pursuant to ORS 454.205 (“Municipality” defined) to 454.255 (Plans and cost estimates), and directing that the proceeds be applied to the acquisition or construction of a disposal system required to comply with the final order of the commission. If the court finds that the disposal system required by the final order of the commission is necessary under the rules or standards of the commission, it shall issue an order directing that such bonds be issued and sold without elector approval in such an amount as the court finds necessary to acquire or construct such disposal system, and that the proceeds be applied for such purposes.

(d)

Any court proceeding authorized by paragraphs (b) and (c) of this subsection shall be advanced on the court docket for immediate hearing. [1973 c.213 §5; 1981 c.749 §22; 2009 c.595 §937]

Source: Section 454.235 — Election; bonds; when election required; compelling election; when bonds can be ordered sold, https://www.­oregonlegislature.­gov/bills_laws/ors/ors454.­html.

454.010
Definitions for ORS 454.010 to 454.040
454.020
Compliance with state and federal standards
454.025
Limitation on siting or constructing treatment works or discharge
454.030
Rates and charges to meet costs of treatment works
454.040
Determination of costs payable by users
454.050
Rules
454.060
Powers in addition to other municipal or commission powers
454.105
Definitions for ORS 454.105 to 454.175
454.115
Authority over disposal systems
454.125
Bond election
454.135
Bonds issued to finance disposal system
454.145
Bond content
454.155
Refunding bonds
454.165
Joint agreements for construction and financing of disposal systems
454.175
Agreements with industrial establishment
454.205
“Municipality” defined
454.215
Authority over disposal systems
454.225
Rates and charges
454.235
Election
454.245
Serial bonds
454.255
Plans and cost estimates
454.275
Definitions for ORS 454.275 to 454.380
454.280
Construction of treatment works by municipality
454.285
Resolution or ordinance
454.290
Study
454.295
Commission review
454.300
Conduct of hearing
454.305
Effect of findings
454.310
Construction authorized upon commission approval
454.317
Resolution or ordinance authorizing levy and collection of seepage charge
454.320
Hearing on resolution or ordinance
454.330
County to collect seepage charge for municipality
454.340
Use of seepage charge
454.350
Effect of ORS 454.317 to 454.350 on contracts between municipalities
454.360
Areawide 208 Plan as master plan for provision of sewage services
454.365
Safety net program to provide financial relief
454.370
Citizens sewer advisory committee
454.375
Filing documentation of sewer charges
454.380
Limitation on spending for nonconstruction items
454.430
Definitions for ORS 454.430 to 454.445
454.433
Policy
454.436
Assessment Deferral Loan Program Revolving Fund
454.439
Conditions for program
454.442
Application for loan
454.445
Lien against assessed property
454.505
Definitions for ORS 454.505 to 454.535
454.515
Grants authorized
454.525
Contracts with municipalities
454.535
Sewage Treatment Works Construction Account
454.605
Definitions for ORS 454.605 to 454.755
454.607
Policy
454.610
Regulation of gray water discharge
454.615
Rules for sewage disposal systems and disposal facilities
454.625
Rules
454.635
Notice of violation
454.640
Contract agent enforcement of standards
454.645
Enforcement when health hazard exists
454.655
Permit required for construction
454.657
Variance from subsurface sewage disposal system rules or standards
454.660
Delegation of variance powers
454.662
Variance fee
454.665
Inspection of completed construction
454.675
Exemptions
454.685
Order limiting or prohibiting construction of sewage disposal systems
454.695
License required to perform sewage disposal services
454.705
Bond
454.710
Deposit in lieu of bond
454.715
Suspension or revocation of license
454.725
Contracts with local governments
454.745
Permit, service, report, variance and license fees
454.755
Fees for certain reports on sewage disposal
454.777
Policy
454.779
Program development and administration grants
454.782
Definitions for ORS 454.782 to 454.800
454.784
Policy
454.787
Findings
454.790
Permit or license required to collect, store, transport, treat, recycle or dispose of septage
454.792
Rules
454.795
County regulation of septage
454.797
Assessment of county for expenses of rulemaking
454.800
Land application of septage
454.805
Assessment for installation costs
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