(2) The secretary shall present any such petition at the next meeting of the board of directors of the improvement company. The board shall fix a time for the hearing thereof, either at a special meeting of the members of the corporation called for the purpose, or at the next regular annual meeting of the members. At such meeting, the petitioners may present witnesses and be represented either in person or by attorney, to establish the allegations set forth in the petition. Upon such hearing, the matter of including or excluding such lands from the district shall be put to a vote of the members, and if a majority vote of the members owning lands in the district is in favor of the relief asked for in the petition, then an order shall be made in the minutes in accordance with such vote.
(3) The secretary shall thereupon make a certificate certifying to the fact of the filing of such petition and the hearing thereon, and the action taken by the members of the district, and in such certificate shall describe the land included or excluded from the district, as the case may be. The secretary shall submit the certificate to the Office of the Secretary of State for filing and shall file a true copy of the certificate with the county clerk of the county where the lands are situated. From and after the filing of the certificate by the Secretary of State the land described in the certificate shall be included or excluded, as the case may be, in or from the improvement company district.
(4) The articles of incorporation of the Malheur Improvement Company shall upon the filing of the certificate by the Secretary of State, and without any procedure other than as in this section provided, be deemed amended to include or exclude, as the case may be, the lands described in such certificate; provided, however, that any land within such improvement company district, and excluded therefrom on petition, shall not be relieved from the payment of its proportion of any bonded indebtedness created and outstanding of the company, prior to the exclusion of such lands therefrom. Lands without the improvement company district, and included therein by petition, shall be subject to any assessment thereafter levied by the company, whether for bonded indebtedness or otherwise. [Amended by 1987 c.94 §157]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 554 - Corporations for Irrigation, Drainage, Water Supply or Flood Control
Section 554.005 - Filing requirements.
Section 554.007 - Effective time and date of document.
Section 554.009 - Correcting filed document.
Section 554.011 - Penalty for signing false document.
Section 554.015 - Filing duty of Secretary of State.
Section 554.018 - Evidentiary effect of copy of filed document.
Section 554.019 - Certificate of existence.
Section 554.020 - Articles of incorporation; filing.
Section 554.040 - Contents of articles.
Section 554.060 - Challenge to validity of organization; effect of defects or omissions.
Section 554.070 - Membership; meetings; voting; proxies; voting trusts; quorum; removal of officers.
Section 554.080 - Corporate existence; powers of corporation.
Section 554.082 - Registered office and registered agent.
Section 554.084 - Change of registered office or registered agent.
Section 554.086 - Resignation of registered agent.
Section 554.088 - Service on corporation.
Section 554.110 - Powers of directors.
Section 554.135 - Alternative method for collecting assessments.
Section 554.140 - Directors’ duty to institute proceedings to enforce lien; attorney fees.
Section 554.180 - Landowners’ notice; contents.
Section 554.190 - Recording notice; effect; lien on land; priority.
Section 554.210 - Plans and specifications; how adopted.
Section 554.230 - Bonds; recitals; payment; liability of land.
Section 554.275 - Activity of corporation as urban service.
Section 554.302 - Dissolution of corporation by Secretary of State; conditions.
Section 554.307 - Reinstatement of dissolved corporation.
Section 554.309 - Denial of reinstatement; appeal.
Section 554.315 - Annual report; contents; filing with Secretary of State; amended report.
Section 554.340 - Judicial determination of legality of proceedings.
Section 554.350 - Service to lands outside district; findings; tax exemption.
Section 554.440 - Malheur Improvement Company; exclusion or inclusion of land.
Section 554.530 - Application; contents; deposit; filing.
Section 554.570 - Effect of exclusion on existing debts.
Section 554.580 - Condition of approval of inclusion.
Section 554.590 - Articles of amendment; filing; effective date.