{"data":{"id":"us-ok/okla.-stat.-tit.-82-82-1324.32","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 82, § 82-1324.32","heading":"Written proposals - Approval or disapproval - Petition","body":"for establishment of district - Hearing - Orders.\n\nA. Prior to the organization of a district, the corporation\n\nshall have prepared a proposal in written form. The proposal shall\n\ninclude but not be limited to:\n\n1. the reasons for organizing and constituting a district;\n\n2. the advantages and disadvantages which would accrue from\n\nimplementation of the proposal;\n\n3. a brief and concise description of the territory to be\n\nembraced within the proposed district;\n\n4. a statement that the territory described in paragraph 3 of\n\nthis subsection does not include any territory that is presently\n\nwithin the boundaries of any other district or public water supply\n\nsystem;\n\n5. a statement that the proposed district is embracing only\n\nthose lands within the proposed boundaries described in paragraph 3\n\nof this subsection which can reasonably and economically be served\n\nin the foreseeable future;\n\n6. a statement that the organization of a district shall result\n\nin a voluntary dissolution of the corporation and upon passage of\n\nthe proposal shall constitute the consent of the board of directors\n\nand the membership of the corporation to dissolve the corporation;\n\n7. a statement that upon the affirmative order of the board of\n\ncounty commissioners to organize the district, the current board of\n\ndirectors and officers for the corporation shall serve as the board\n\nof directors and officers of the district until the next designated\n\nmeeting of the district; and\n\n8. a statement that upon the affirmative order of the board of\n\ncounty commissioners to organize the district, the bylaws of the\n\ncorporation shall, as appropriate, constitute the bylaws of the\n\ndistrict.\n\nB. The written proposal shall be considered and acted upon by\n\nthe board of directors of such corporation at a duly called meeting.\n\nIf the board of directors approves the proposal by resolution by a\n\nmajority vote, the proposal shall then be submitted to a vote of the\n\nmembership of the corporation at a regular or special membership\n\nmeeting. A member of the corporation may cast his vote inperson or\n\nby proxy. Prior to the meeting a copy of the approved resolution\n\nand a stamped return envelope shall be mailed to the membership of\n\nthe corporation. The appointment of a proxy shall be in writing\n\nfiled with the secretary of the corporation at or before the\n\nmeeting. In all other matters the appointment and authority of a\n\nproxy shall be governed by the provisions of Section 1057 of Title\n\n18 of the Oklahoma Statutes.\n\nIf the proposal is not approved by a majority vote of the\n\nmembership of the corporation, the proposal shall not be\n\nimplemented.\n\nC. Upon approval of the proposal by the membership of the\n\ncorporation and by all secured creditors, the board of directors\n\nshall file a petition, addressed to the board of county\n\ncommissioners having jurisdiction as provided by subsection D of\n\nthis section, for the establishment of the district. The proposal as\n\napproved by the membership and the board of directors and a list of\n\nthe names and addresses of each of the secured creditors of the\n\ncorporation shall be attached to the petition as exhibits.\n\nD. 1. If the corporation is situated in one county, the\n\npetition shall be filed with the county clerk of said county, and\n\nthe board of county commissioners of said county shall have\n\njurisdiction to hear and determine the petition.\n\n2. If the corporation is situated in more than one (1) county,\n\nthe petition shall be filed with the county clerk of the county in\n\nwhich the greatest membership of the corporation is located and the\n\nboard of county commissioners of such county shall have jurisdiction\n\nto hear and determine the petition.\n\nE. Upon receipt of said petition, the county clerk shall\n\nthereupon give notice to the board of county commissioners of the\nh the county clerk of the county in\n\nwhich the greatest membership of the corporation is located and the\n\nboard of county commissioners of such county shall have jurisdiction\n\nto hear and determine the petition.\n\nE. Upon receipt of said petition, the county clerk shall\n\nthereupon give notice to the board of county commissioners of the\n\nfiling and pendency of said petition, whereupon the county\n\ncommissioners of the county wherein the petition is filed shall\n\nenter its order setting hearing and giving notice of the hearing,\n\nten (10) days prior to the hearing. The board of county\n\ncommissioners shall cause notice of such hearing to be published for\n\nat least one (1) day in a newspaper of general circulation published\n\nin the county or counties embraced within the proposed district. In\n\naddition to the notice as prescribed by this subsection, the county\n\nclerk shall at least ten (10) days before the date fixed for said\n\nhearing give or send by certified mail, return receipt requested,\n\nnotice thereof to:\n\n1. each secured creditor of the corporation, addressed to the\n\nsecured creditor's last-known address as specified by the exhibit\n\nattached to the petition;\n\n2. any other rural water district and other public water\n\nsupplier in the county or counties in which the corporation has\n\nmembership or serves; and\n\n3. any city or municipality adjacent or contiguous to the\n\nproposed territory of the proposed district.\n\nF. After the hearing, if the board finds that the averments of\n\nthe petition are true and that the corporation should be organized\n\nand constitute a district pursuant to the Rural Water, Sewer, Gas\n\nand Solid Waste Management Districts Act, the board shall enter its\n\norder directing the organization of such district and shall declare\n\nthe land described in the petition or any part thereof to be\n\nincorporated as a district under the name of \"Rural Water and/or\n\nSewer and/or Gas and/or Solid Waste Management District No. ____,\n\n_____ County, Oklahoma\" (inserting number in order of incorporation\n\nand name of county). Thereupon the district shall be a legally\n\nconstituted district pursuant to the Rural Water, Sewer, Gas and\n\nSolid Waste Management Districts Act. The board of county\n\ncommissioners shall enter upon its records full minutes of such\n\nhearing, together with its order creating the rural district under\n\nthe corporate name specified by this subsection.","path":["OK Code","Title 82"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os82.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"b980d11d276a9fc23eb0a20e0636cfb1a0c7a97f64fc63c5e84d858ede96b60a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-82-82-1324.31","next":"us-ok/okla.-stat.-tit.-82-82-1324.33"},"notice":"GroundRules: Original legal text. Not legal advice."}