OAG 40-55.

• Case Date: September 10, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-55. 66OPINION NO. 40-55[20 Or. Op. Atty. Gen. 66]Resolution of sponsors of a proposed P. U. D. requesting the hydroelectric commission to call an election in said proposed district constitutes such a request within the provision of the statute authorizing the same.September 10, 1940.Hydroelectric Commission of Oregon.Gentlemen: I am in receipt of your letter of September 9, 1940, enclosing67the verified request of the sponsors of the proposed Coos Peoples' Utility District for an election to be held on the question of the formation of such a district concurrently with the general election on November 5, 1940, and requesting to be advised whether or not, in my opinion, such request is in the form required by law. Section 56-3406, Oregon Code 1935 Supplement, provides, among other things:

"within two years after a majority of the qualified voters of a proposed peoples' utility district, voting at an election on the question whether or not such proposed district shall be created, have voted against such creation, the sponsors of such proposed district may, without the filing of preliminary and final petitions, request the hydroelectric commission to call an election to be held within the boundaries of the proposed district * * *".

This is the only provision of the statute which I find upon this subject, and it is noticed therefrom that no particular form of such request is provided or required by law. While the paper enclosed with your letter bears the caption "affidavit", it is also labeled as

"Statement of proceedings and formal request of the sponsors of the proposed Coos Peoples' Utility District for an election on the question of forming said district to be held concurrently with the general election on November 5, 1940, within the boundaries of the proposed district."

The remainder of the paper constitutes a sworn statement of the action taken by the sponsors of such district and bears, according to the sworn statement, the signatures of such original sponsors. The...