Oklahoma § 82-1324.32 - Written proposals - Approval or disapproval - Petition

§ 82-1324.32. Written proposals - Approval or disapproval - Petition

for establishment of district - Hearing - Orders.

A. Prior to the organization of a district, the corporation

shall have prepared a proposal in written form. The proposal shall

include but not be limited to:

1. the reasons for organizing and constituting a district;

2. the advantages and disadvantages which would accrue from

implementation of the proposal;

3. a brief and concise description of the territory to be

embraced within the proposed district;

4. a statement that the territory described in paragraph 3 of

this subsection does not include any territory that is presently

within the boundaries of any other district or public water supply

system;

5. a statement that the proposed district is embracing only

those lands within the proposed boundaries described in paragraph 3

Oklahoma Statutes - Title 82. Waters and Water Rights

of this subsection which can reasonably and economically be served

in the foreseeable future;

6. a statement that the organization of a district shall result

in a voluntary dissolution of the corporation and upon passage of

the proposal shall constitute the consent of the board of directors

and the membership of the corporation to dissolve the corporation;

7. a statement that upon the affirmative order of the board of

county commissioners to organize the district, the current board of

directors and officers for the corporation shall serve as the board

of directors and officers of the district until the next designated

meeting of the district; and

8. a statement that upon the affirmative order of the board of

county commissioners to organize the district, the bylaws of the

corporation shall, as appropriate, constitute the bylaws of the

district.

B. The written proposal shall be considered and acted upon by

the board of directors of such corporation at a duly called meeting.

If the board of directors approves the proposal by resolution by a

majority vote, the proposal shall then be submitted to a vote of the

membership of the corporation at a regular or special membership

meeting. A member of the corporation may cast his vote inperson or

by proxy. Prior to the meeting a copy of the approved resolution

and a stamped return envelope shall be mailed to the membership of

the corporation. The appointment of a proxy shall be in writing

filed with the secretary of the corporation at or before the

meeting. In all other matters the appointment and authority of a

proxy shall be governed by the provisions of Section 1057 of Title

18 of the Oklahoma Statutes.

If the proposal is not approved by a majority vote of the

membership of the corporation, the proposal shall not be

implemented.

C. Upon approval of the proposal by the membership of the

corporation and by all secured creditors, the board of directors

shall file a petition, addressed to the board of county

commissioners having jurisdiction as provided by subsection D of

this section, for the establishment of the district. The proposal as

approved by the membership and the board of directors and a list of

the names and addresses of each of the secured creditors of the

corporation shall be attached to the petition as exhibits.

D. 1. If the corporation is situated in one county, the

petition shall be filed with the county clerk of said county, and

the board of county commissioners of said county shall have

jurisdiction to hear and determine the petition.

2. If the corporation is situated in more than one (1) county,

the petition shall be filed with the county clerk of the county in

which the greatest membership of the corporation is located and the

Oklahoma Statutes - Title 82. Waters and Water Rights

board of county commissioners of such county shall have jurisdiction

to hear and determine the petition.

E. Upon receipt of said petition, the county clerk shall

thereupon give notice to the board of county commissioners of the

filing and pendency of said petition, whereupon the county

commissioners of the county wherein the petition is filed shall

enter its order setting hearing and giving notice of the hearing,

ten (10) days prior to the hearing. The board of county

commissioners shall cause notice of such hearing to be published for

at least one (1) day in a newspaper of general circulation published

in the county or counties embraced within the proposed district. In

addition to the notice as prescribed by this subsection, the county

clerk shall at least ten (10) days before the date fixed for said

hearing give or send by certified mail, return receipt requested,

notice thereof to:

1. each secured creditor of the corporation, addressed to the

secured creditor's last-known address as specified by the exhibit

attached to the petition;

2. any other rural water district and other public water

supplier in the county or counties in which the corporation has

membership or serves; and

3. any city or municipality adjacent or contiguous to the

proposed territory of the proposed district.

F. After the hearing, if the board finds that the averments of

the petition are true and that the corporation should be organized

and constitute a district pursuant to the Rural Water, Sewer, Gas

and Solid Waste Management Districts Act, the board shall enter its

order directing the organization of such district and shall declare

the land described in the petition or any part thereof to be

incorporated as a district under the name of "Rural Water and/or

Sewer and/or Gas and/or Solid Waste Management District No. ____,

_____ County, Oklahoma" (inserting number in order of incorporation

and name of county). Thereupon the district shall be a legally

constituted district pursuant to the Rural Water, Sewer, Gas and

Solid Waste Management Districts Act. The board of county

commissioners shall enter upon its records full minutes of such

hearing, together with its order creating the rural district under

the corporate name specified by this subsection.

Added by Laws 1989, c. 103, § 3, emerg. eff. April 25, 1989.

Renumbered from Title 18, § 863.3 by Laws 1989, c. 369, § 153,

operative July 1, 1989.