§ 82-667 — Annexation of additional land to a master conservancy

district. Additional territory may be annexed to a master conservancy district in the following manner: (a) A petition praying for such annexation signed by fifty or a majority of the qualified voters residing in the territory and who own taxable property therein, and who duly rendered the same for taxes to the county or counties, (if not situated within a city or town), shall be filed with the board of directors of the master conservancy district. The petition shall describe the territory by metes and bounds or by other appropriate description, unless such territory is the same as that of a city or town, in which event it shall be sufficient to state that the territory to be annexed is the same as that which is contained within such city or town. (b) If the board of directors finds that the petition is signed by the required number of qualified persons and otherwise complies with the foregoing subsection, that the annexation would be to the interest of the territory and the master conservancy district, and that the master conservancy district will be able to render service to the territory, it shall, provided a majority of all the board members vote in favor thereof, adopt a resolution stating the conditions, if any, under which such territory may be annexed to the master conservancy district, and declaring its intention to call an election in the territory for the purpose of submitting the proposition of whether or not such territory shall be annexed to the master conservancy district, and fixing a time and place when and where a hearing shall be held on the question of whether the territory will be benefited by the improvements, works and facilities then owned and operated by the master conservancy district. Railroad right-of-way, transmission lines and other property of telephone and telegraph and electric and gas utilities which are not situated within the defined limits of an incorporated city or town that will not be benefited by improvements, works and facilities which the master conservancy district is authorized to construct; therefore, no railroad right-of-way, or transmission lines, or other property of electric and gas utilities or right-of- way or other property and facilities of telephone and telegraph utilities shall thereafter be annexed to the master conservancy district except such right-of-way, transmission lines and other property of electric and gas utilities as are contained within the limits of an incorporated city or town then or thereafter annexed to the master conservancy district. (c) Notice of the adoption of such resolution stating the time and place of such hearing, addressed to the citizens and owners of property in such territory shall be published once each week for three (3) consecutive weeks in a newspaper designated by the board of directors and having a general circulation in the territory, the last publication to be at least ten (10) days prior to the date of such hearing. The notice shall describe the territory in the same manner as hereinabove required or permitted for the petition. If no newspaper is published in the territory to be annexed, it shall be sufficient if notices are posted at five public places therein and published as aforesaid in a newspaper having general circulation in the territory. The secretary shall also mail notice of such hearing addressed to the Mayor and governing body of each constituent city at least thirty (30) days prior to the hearing. (d) All interested persons who reside in the master conservancy district or in the territory seeking annexation may appear at such hearing and offer evidence for or against the intended annexation. Such hearing shall proceed in such order and under such rules as may be prescribed by the board of directors, and the hearing may be recessed from time to time. If at the conclusion of the hearing, the board of directors finds that all or a part of the lands in such territory will be benefited by the present or contemplated improvements, works or facilities of the master conservancy district, it shall adopt a resolution calling an election in the territory to be annexed, stating therein the date of the election, the place or places of holding the same and appointing a presiding judge for each voting place, who shall appoint the necessary assistant judges and clerks to assist in holding the election. (e) Notice of said election, stating the date thereof, the proposition to be voted upon and the conditions under which the territory may be annexed, or making reference to the resolution of the board of directors for that purpose, and the place or places for holding the same, shall be published once each week for three (3) consecutive weeks in a newspaper published in the territory to be annexed and designated by the board of directors, the last publication to be at least ten (10) days before the day set for the election. If no newspaper is published in the territory to be annexed, it shall be sufficient if notices are posted at five public places therein and published as aforesaid in a newspaper having general circulation in the territory. (f) Only qualified electors who reside in such territory, who own taxable property therein, and who have duly rendered the same for taxes to the county or counties, in which it is situated (if not situated within a city or town), shall be qualified to vote in said election. Returns of said election shall be made to the board of directors. (g) The board of directors shall canvass the returns of the election and adopt a resolution declaring the results thereof. If such resolution shows that a majority of the votes cast are in favor of annexation to the master conservancy district, such annexation shall thereafter be incontestable except in the manner and within the time for contesting elections under the general election laws. A certified copy of said order shall be recorded in the deed records of the county and/or counties in which a territory is situated. (h) In calling an election on the proposition for annexation of territory, the board of directors may include as a part of the same proposition the assumption of its part of any obligations of the master conservancy district then outstanding and in force, and, in the case of bonds, those theretofore voted but not yet sold, and for the levy of ad valorem taxes on taxable property in said territory on the same basis as taxes are levied in the remainder of the master conservancy district for the payment of such tax obligations. If the proposition thus submitted carries by a majority vote, the effect thereof shall be the same as that resulting from the separate assumption election provided for in the next succeeding subparagraph (i). (i) After territory is added to the master conservancy district, the board of directors of the master conservancy district shall call an election over the entire master conservancy district for the purpose of determining whether the entire master conservancy district as enlarged shall assume the taxes and obligations then outstanding and in force, and, in the case of bonds, those theretofore voted but not yet sold, and whether ad valorem taxes shall be levied, on the basis of benefits, upon all taxable property within the master conservancy district as enlarged for the payment thereof, unless such proposition is favorably voted along with the annexation election and becomes lawfully binding upon the territory annexed. Notice of the elections provided for in this and the next preceding subparagraph (h) shall be given and said election shall be held in the same manner as elections for the issuance of bonds as provided in the Conservancy Act of Oklahoma.

Legislative History

Laws 1961, p. 624, § 9.