Formation of authorities by cities and sanitary or drainage districts
(1) The governing bodies of two or more cities, two or more sanitary or drainage districts or one or more cities and one or more districts, when they consider it necessary for the public health, safety and welfare, may initiate the formation of a sanitary authority by resolution. The resolution shall set forth the name and boundaries of the proposed sanitary authority. The governing bodies shall file the resolution with the governing body of the principal county, as defined in ORS 198.705 (Definitions for ORS 198.705 to 198.955). If any part of the proposed sanitary authority is within a city, the resolution shall be accompanied by a certified copy of a resolution of the governing body of the city approving the resolution that initiates formation of the sanitary authority.
(2) Upon receipt of the resolution, the county governing body or boundary commission shall determine that provision of sewage disposal or drainage services to the area within the proposed sanitary authority can best be achieved by creation of a sanitary authority rather than by sanitary or drainage districts or cities. In making this determination, the county governing body shall consider the following factors:
(a) The ability of the proposed authority to provide sewage disposal or drainage services to the area within the proposed authority;
(b) The effect on both long and short-term rates for patrons within the proposed authority;
(c) The impact, if any, of the proposed authority on adjacent special districts and cities; and
(d) Consistency of the proposed authority with the adopted comprehensive plan of the county within the boundaries of the proposed water authority.
(3) After the county governing body or boundary commission makes the determination under subsection (2) of this section, the county governing body shall by order provide for a public hearing on the proposal. The order shall set forth the date, time and place of the hearing. Notice of the hearing shall be given in the manner provided by ORS 198.800 (Formation petition) except that the notice shall state that the governing bodies of the cities or districts have filed a resolution with the county governing body declaring their intention to initiate formation. The hearing and election on the proposal, and election of board members, shall be conducted as provided by ORS 198.800 (Formation petition) to 198.825 (Election of first members of board when no formation election required). [1989 c.809 §10]
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