§ 82-687 — Forms and suggestions.

Oklahoma § 82-687

• Jurisdiction: Oklahoma
• Title 82: Waters And Water Rights

Text

The following forms may suffice to illustrate the character of the procedure contemplated by this act; and if substantially complied with, those things being changed which (to meet the requirements of the particular case) should be changed, such procedure shall be held to meet the requirements of this act. I. Form of Notice of Hearing on the Petition: To all persons interested, public notice is hereby given: (1) That on the ...... day of .......... 19.., pursuant to the provisions of the Conservancy Acts of Oklahoma, there was filed in the office of the court clerk of the district court of ............ County, Oklahoma, the petition of ...... and others for the establishment of a conservancy district to be known as ............ Conservancy District. (Here insert the purposes.) (2) That the lands sought to be included in said district comprise lands in .......... and ........ counties, Oklahoma, described substantially as follows: (Here insert description of land.) (3) That a public hearing on said petition will be had in said court on ............ the .......... day of ........ at the hour of ........ o'clock .. M., by the district court of .......... County, at the court house in the city of ........ , ........ County, Oklahoma. All persons and public or private corporations owning or interested in real estate or other freeholders within the territory hereinbefore described will be given the opportunity to be heard at the time and place above specified, as to whether said district should be established or not. .............., Court Clerk of .......... County, Oklahoma. Dated ........ Oklahoma, .......... 19.... II. Form of Finding on Hearing: The court at its discretion may order the formation of said conservancy district in following form substantially: State of Oklahoma, .......... County, ss: In the district court of .......... County. In the matter of .......... Conservancy District. On this ...... day of ........ 19... this cause coming on for hearing upon the petition of .......... and others, for the organization of a conservancy district under the Conservancy Act of the State of Oklahoma, the court after a full hearing now here finds: (1) That it hath jurisdiction of the parties to, and the subject matter of this proceeding. (2) That the purposes for which said district is established are: (Insert the purposes.) And that it is a public necessity. (3) That the public safety, health, convenience and welfare will be promoted by the organization of a conservancy district substantially as prayed in said petition (if additional lands are added by petition) except that the following additional lands at the petition of the owners thereof should be, and hereby are included in said districts: (Here insert additional lands.) (4) That the general boundaries of said district until specifically delimited by the viewers and engineers are as follows: (Here insert boundaries of district.) (5) That the said territory last above described should be erected into and created a conservancy district under the Conservancy Act of the State of Oklahoma under the corporate name of ........ Conservancy District. Wherefore, it is by the court ordered, adjudged and decreed: That the territory as above described be, and the same hereby is erected into and created a conservancy district, under the Conservancy Act of Oklahoma under the corporate name of .......... Conservancy District, with its office and principal place of business at .........., in .......... County, Oklahoma. (If directors are appointed at the same time) And the following persons are hereby appointed directors of said conservancy district, until their successors are elected and qualified: ..................... ..................... ..................... who are hereby directed to qualify and proceed according to law. For consideration of other matters herein, this course is retained on the docket. .................... Judge. III. Form of Notice to Property Owners to Pay Assessment: .............. Conservancy District. To All Persons Interested, Public Notice is Hereby Given: (1) That on the ........ day of .......... 19..., the board of directors of Conservancy District No......... levied an assessment on all the property in said district in the aggregate sum of $...... and has caused the same to be extended upon the assessment duplicate, which is now in collection by the county treasurer of the county in which the lands are situated. (2) That the entire assessment against any parcel of land may be paid at any time on or prior to ........ 19... without costs and without interest. (3) That as soon after ......... day of ........... 19..., as conveniently may be, the board of directors of said district will divide the uncollected part of said assessment into convenient installments, and will issue bonds bearing interest not exceeding eight and one-half percent (8 1/2%) per year in anticipation of the collection of the several installments of said assessment, pursuant to the Conservancy Act of the State of Oklahoma. .................... President. .................... Secretary. IV. Form of Bond and Coupon: No............... $............... UNITED STATES OF AMERICA. State of Oklahoma. ............. Conservancy District. CONSERVANCY BOND. KNOW ALL MEN BY THESE PRESENTS: That ............... Conservancy District, a legally organized conservancy district of the State of Oklahoma, acknowledging itself to owe and for value received hereby promises to pay to bearer ............. Dollars ($..........) on the first day of .........., 19...., with interest thereon from the date hereof until paid at the rate of ........ percent (....%) per year, payable ........... 19...., and semiannually thereafter on the first day of ......... and of ......... in each year on presentation and surrender of the annexed interest coupons as they severally become due. Both principal and interest of this bond are hereby made payable in lawful money of the United States of America, at the fiscal agency of the State of Oklahoma, in the city of New York. (Here insert a concise and condensed statement of the proceedings up to the issuing of the bond.) This bond is one of a series of bonds issued by Conservancy District No. .... for the purpose of paying the cost of constructing a system of flood prevention (or for the other works) for said district and in anticipation of the collection of the several installments of an assessment duly levied upon lands within said district and benefited by said improvement in strict compliance with the Conservancy Act of Oklahoma, and pursuant to an order of the board of directors of said district duly made and entered of record. And it is hereby certified and recited that all acts, conditions and things required to be done in locating and establishing said district and in equalizing appraisals of benefits and in levying assessments against lands benefited thereby, and in authorizing, executing and issuing this bond, have been legally had, done and performed in due form of law; that the total amount of bonds issued by said district does not exceed ninety percent (90%) of the assessments so levied and unpaid at the time said bonds are issued or any legal limitation thereof. And for the performance of all the convenants and stipulations of this bond and of the duties imposed by law upon said district for the collection of the principal and interest of said assessments and the application thereof to the payment of this bond and the interest thereon, and for the levying of such other and further assessments as are authorized by law and as may be required for the prompt payment of this bond and the interest thereon, the full faith, credit, and resources of said Conservancy District No. ......... are hereby irrevocably pledged. IN TESTIMONY WHEREOF, The board of directors of ........ Conservancy District has caused this bond to be signed by its president and sealed with the corporate seal of said district, attested by its secretary, and registered by the State Auditor and Inspector of the State of Oklahoma, and the coupons hereto annexed to be executed by the facsimile signature of said president and secretary, as of the ...... day of ...... 19.... .................... President Attest: .................... Secretary. FORM OF COUPONS. No. ............... $ ............... On the first day of ......... 19..., ......... Conservancy District promises to pay the bearer ......... Dollars ($........) lawful money of the United States of America, at the office of the ......... being semiannual interest due on that date on its conservancy bond dated ......... 19...., No. ...... .......................... President. .......................... Secretary. V. Forms of Notice of Enlargement of District: State of Oklahoma, County of ...........ss: In the district court of ......... County. In the matter of ........... Conservancy District. NOTICE OF ENLARGEMENT OF DISTRICT. To all persons and public or private corporations interested: Public Notice Is Hereby Given: (1) That heretofore on the ....... day of ............, 19...., in the district court of ......... County of Oklahoma, duly entered a final decree erecting and creating ......... Conservancy District and appointing a board of directors therefor. (2) That thereafter this court duly appointed: .............. .............. .............. to be the board of appraisers for said district; that said board of appraisers on the ....... day of ..........., 19...., filed their report recommending the following described lands not originally included in the district, be added thereto: (Here describe generally the lands which the report of the board of appraisers recommends should be added to the district.) (3) That on ........... the ....... day of ........... 19... (or as soon thereafter as the convenience of the court will permit) at the court house in .......... Oklahoma, the district court of .......... County, Oklahoma, will hear all persons and public or private corporations who are owners of or interested in the property described in this notice upon the question whether said lands should be added to and included in said Conservancy District. ............................... Court Clerk, District Court, .............. County, Oklahoma. FORM OF CERTIFICATE OF LEVY OF ASSESSMENTS: State of Oklahoma, County of ........................... ss: To the County Clerk and County Assessor of ............ County, Oklahoma: This is to certify that by virtue and under the authority of the Conservancy Act of Oklahoma, the board of directors of .......... Conservancy District have and do hereby levy the sum of ............... Dollars ($........) which said assessment bears interest as provided by law and is payable in installments, with interest as follows: (Here insert.) You are further notified that for the account of the maintenance fund, for the year 19.... , this board has levied the sum of ............. Dollars ($..........) The amounts of said levies upon the several parcels of land upon which the same are imposed are set forth upon the schedule hereto attached, marked ......... Conservancy District Assessment Book. The said assessment shall be collectable and payable the present year in the sums herein specified at the same time that the state and county taxes are due and collectable and you are directed and ordered to warrant and require the treasurer of ........... County, Oklahoma, to demand and collect such assessments as provided by law, and this Conservancy Assessment Book shall be your authority and the authority of the treasurer to make such collections. Witness, the signature of the president of said board of directors, attested by the seal of said corporation and the signature of its secretary, this the ......... day of ......... 19.... .................... President. (SEAL) .................... Secretary.

Legislative History

Laws 1967, c. 382, § 21, emerg. eff. May 23, 1967.