Oklahoma § 82-666 - Other improvements may come under act - Procedure

§ 82-666. Other improvements may come under act - Procedure

Any territory in which a proceeding has been instituted or is

pending for construction of a single or joint or interstate, or

county ditch, or township ditch, or underground drain, or levee, or

county sewer, or for the cleaning of drains and water courses, or

for the removal of drifts, or for the drainage of marshes; or for

any sewer district outside of a municipality, or organized under any

other law of this state, may become a district or subdistrict under

this act, or may be absorbed in and amalgamated with any district

organized under the terms of this act in the following manner:

Oklahoma Statutes - Title 82. Waters and Water Rights

When the officials in charge of any such improvement, or in the

board of directors of any district organized under this act, which

may desire to annex or absorb such territory, petition the court in

which such district was organized under this act, or the court

having jurisdiction over all or part of the territory affected by

the proceedings which is desired to bring under this act, for an

order making the territory affected by any of the improvements above

noted a district or subdistrict under the terms of this act, or for

amalgamating such territory with an existing district, organized

under the terms of this act, the court clerk shall give notice of

the pendency of said petition and of a hearing thereon in the same

manner as herein provided for notice and hearing on a petition for

the organization of a district under this act. At the time of such

hearing the court shall hear the evidence and shall grant the

petition or deny the same, as seems most advantageous to all the

interests affected thereby.

The court, in its order shall specify whether such territory

shall be organized into a district or subdistrict under the terms of

this act, or whether it shall be absorbed in or amalgamated with an

existing district, organized under this act. Thereafter the

territory affected by said order and the improvements for which said

territory was assessed, or for which contracts have been let

therein, shall be subject to the terms of this act, and all such

orders and procedure shall be had, as are necessary for fulfilling

the requirements of this act; provided, that no order of the court

shall be made under this section, which shall lessen the security of

any issue of bonds or other obligations issued under the terms of

this or any other statute.

If a proceeding sought to be joined to or amalgamated with a

proceeding under this act is under the jurisdiction of a district

court other than the one having jurisdiction of the district

organized under this act, then at such hearing the district judge or

judges of the county or counties in which such ditch or other

improvements is located shall sit with the judge in whose county the

district was established under this act, and a majority of those

sitting shall be necessary to a decision; and from such decision or

from a failure to decide appeal may be taken.

Laws 1923-24, c. 139, p. 196, § 63.