Oklahoma § 19-902.3 - Petition - Deposit - Filing - Hearing - Orders Election

§ 19-902.3. Petition - Deposit - Filing - Hearing - Orders Election

The petition shall set forth and particularly describe the

proposed boundaries of such district and shall be accompanied by a

map of such proposed district. The petitioners shall accompany such

petition with a cash deposit, the amount of which shall be approved

by the board of county commissioners. The cash shall be deposited

with the county treasurer in a special fund which shall be used for

the purposes of defraying the costs of the publications and of the

election for the organization of the district. Any unused portion

of the amount deposited shall be refunded to the petitioners upon

request.

The petition shall be filed with the county clerk of such county

who shall present it to the board of county commissioners at their

next regular or special meeting. Upon the presentation of the

petition, the board of county commissioners shall set the petition

for hearing at a time not less than twenty (20) days nor more than

forty (40) days from the date of presentation and shall direct the

county clerk to give notice of the hearing by publication in a

newspaper of general circulation in the county in which the proposed

district is located. The notice shall be published one (1) day a

Oklahoma Statutes - Title 19. Counties and County Officers

week for two (2) consecutive weeks preceding the date of such

hearing. The notice shall describe the boundaries of the proposed

district, shall state the time and place of the hearing, and shall

state that any person may appear and protest the organization of the

district or the proposed boundaries of the district.

The board of county commissioners shall hold the hearing

described in the notice, and it shall have jurisdiction to hear and

determine all protests to the creation of such district and all

matters pertaining to the same. It may amend the plan of the

district by excluding from within its boundaries any lands which it

may deem will not be benefited by the formation of such district, or

by including other lands as a part thereof upon application of the

owners of such land. However, it shall not exclude from such

district any lands which are completely surrounded by lands which

are included in the proposed district.

At the conclusion of the hearing, the board of county

commissioners shall make an order determining the boundaries of the

proposed district, particularly describing them, and shall determine

whether the formation of such district will be conducive to the

improvement of safe travel in the incorporated area. If the board

determines that the district will be conducive to safe travel in the

area incorporated in the district and will be in the best interests

of the people residing or owning real property in the district, then

the board may give the proposed district a name and call an election

of the registered voters in the territory comprising such proposed

district, or if there are no registered voters in the territory

comprising the proposed district, call an election of the owners of

real property in the territory comprising the proposed district who

are registered voters, on the question of whether the district shall

be organized. In proclaiming the election, the board of county

commissioners shall provide descriptions of the boundaries of the

proposed district and maps of the proposed district in sufficient

quantities to provide one for each polling place to be open during

the election.

Added by Laws 1986, c. 93, § 3, eff. Nov. 1, 1986. Amended by Laws

1987, c. 18, § 1, eff. Nov. 1, 1987; Laws 1997, c. 218, § 2, eff.

Nov. 1, 1997.