Petition for formation by all landowners in proposed district
(1) If the owners of all real property within an area desire to form a district, they may sign and present a petition to the county board. The petition shall contain the information required by ORS 198.750 (Content of petition proposing formation or change of organization) to 198.775 (Security deposit to accompany petition) and shall be verified by the affidavit of one of the petitioners that the petitioner believes that the signers of the petition comprise all the owners, at the time of the verification, of all the land included within the proposed district. If members of the district board are generally elected to office, the petition shall also state the names of persons desired as the members of the first board and an acceptance in writing by each agreeing to serve as a member of the board.
(2) The county board shall approve the petition for formation of the district if it finds:
(a) That the owners of all the land within the proposed district have joined in the petition; and
(b) That, in accordance with the criteria prescribed by ORS 199.462 (Standards for review of boundary changes), the area could be benefited by formation of the district.
(3) If formation is approved, any election required by ORS 198.810 (Order for formation) to 198.825 (Election of first members of board when no formation election required) shall be dispensed with. After the hearing on the petition, if the county board approves the petition, it shall enter an order creating the district. If the district board members generally are elected, the persons nominated by the petition and accepting nomination as members of the board shall constitute the first board of the district. [1971 c.727 §30]
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