Election to authorize local option tax
(1) A local option tax for any of the purposes stated in ORS 357.410 (Authority of local government units for public libraries), 357.417 (Methods of establishing public library by local government unit) or 357.490 (Library board general powers) shall be submitted at an election as provided in this section. The governing body of the local government unit:
(a) May order the election on its own resolution; or
(b) Shall order the election when a petition is filed as provided in this section.
(2) The resolution or the petition calling the election under this section shall state the purpose for which the funds are to be expended, the period during which the proposed taxes are to be levied and the amount to be levied each year, which amount shall be uniform throughout the period of levy.
(3) Except as provided in subsections (4) and (5) of this section, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition:
(4) If ORS 250.265 (Prospective petition) to 250.346 (Retention of petition materials) apply to a city, then notwithstanding ORS 250.325 (Procedure following filing of initiative petition), the city governing body shall submit the local option tax question to the electors without first considering its adoption or rejection.
(5) If ORS 250.155 (Application of ORS 250.165 to 250.235) makes ORS 250.165 (Prospective petition) to 250.235 (Retention of petition materials) inapplicable to a county or if ORS 250.255 (Application of ORS 250.265 to 250.346) makes ORS 250.265 (Prospective petition) to 250.346 (Retention of petition materials) inapplicable to a city, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under the county or city charter or an ordinance adopted under the county or city charter.
(6) The notice, time and manner of election shall be governed by the applicable provisions of ORS chapter 250 and:
(a) In the case of a county or city, ORS chapters 246 to 260.
(b) In the case of any other local government unit, ORS chapter 255.
(7) Upon approval by a majority of the electors voting at the election, the taxing unit shall levy each year during the approved period the amount so approved. The tax proceeds shall be handled as provided by ORS 357.410 (Authority of local government units for public libraries) or 357.430 (Methods of financing public library by local government unit), or as otherwise provided by law. [Formerly 357.455; 1983 c.350 §226; 1995 c.79 §197; 1999 c.21 §70]
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