(1) The question of merger shall be submitted to the electors of the city into which the city surrendering its charter is to be merged as provided in this section. The governing body:

(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 requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under ORS § 250.265 to 250.346. However, notwithstanding ORS § 250.325, if the governing body of the city orders the election, the governing body shall not first consider adoption or rejection of the measure before submitting it to the electors.

(3) A petition or resolution shall state the proposed permanent rate limit for operating taxes for the city following the merger. The proposed permanent rate limit shall be the rate that would produce the same tax revenue as would be produced within the city or cities’ territorial boundaries were the merger not to take effect.

(4) Notwithstanding subsection (2) of this section, if ORS § 250.255 makes ORS § 250.265 to 250.346 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 city charter or an ordinance adopted under the city charter.

(5) The question under this section may not be submitted to the electors of the city more than once in a 12-month period.

(6) An election under this section shall be conducted under ORS chapters 246 to 260, except as follows:

(a) The statement summarizing the measure and its major effect in the ballot title shall include a general description of the boundaries of each city proposed to be included in the merger. The description shall use streets and other generally recognized features and name the cities included in the proposed merger. The statement shall state the proposed permanent rate limit for operating taxes. The permanent rate limit that is submitted to the electors shall be the permanent rate limit included in the petition for merger.

(b) The notice of the election shall include a map indicating the boundaries of each city included in the proposed merger.

(7) An election under this section shall be held on the next practicable date under ORS § 221.230. [Amended by 1967 c.283 § 5; 1979 c.316 § 13; 1983 c.350 § 48; 1985 c.808 § 73; 1995 c.79 § 83; 1995 c.534 § 13; 1997 c.541 § 358b]

[Repealed by 1983 c.350 § 331a]

[Amended by 1979 c.317 § 6; repealed by 1983 c.350 § 331a]