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 [1973 c.835 §162 amending 224.230 treated as reenactment of 224.230 repealed by 1973 c.213 §9; 2005 c.22 §166]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