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proposed tract, whether service can equitably be rendered to users in the territory and all other circumstances having a bearing on the right of inclusion.

No application for inclusion shall be considered except the lands be all patented and all the owners join in the application but with reference to tracts where less than all the owners join in the application such applications shall be made under the provisions of this act in respect to inclusion of lands after the organization has been completed as prayed in the original petition.

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Section 4. Notice of the hearing provided for in section three of this act shall be ordered by the board of supervisors and signed by the chairman thereof shall be addressed to all owners of lands or interests in lands, and to all persons interested in or in any manner affected by the organization of the proposed district. It shall state the day and the hour and the place of hearing. It shall only be necessary to state generally, but clearly and fully the objects of the hearing and it shall be served in the following manner. Said notice shall be published in at least one daily or weekly paper in each county in which any part of the proposed district is located, once a week for four consecutive weeks and it shall be posted in one public place in each township or part of township of each range or part of range, meaning one public place in each thirty-six sections or six miles square or part thereof according to Government survey, included in the proposed district and not less than three notices shall be posted in different public places in every county in which any part of the proposed district is situated. The board of supervisors shall designate and appoint some suitable person or persons to

post said notices and procure the publication of the same in the paper or papers as herein provided. Proof of posting shall be by affidavit of the party or parties posting the same and proof of publication shall be as in similar cases provided by law. Said proofs shall be filed with the board at or before the hearing.

The hearing provided for in this and preceding sections of this act, shall not be held less than ten days after the full publications herein provided for, and not less than three weeks and ten days from the date of posting all of the notices herein provided for.

The board of supervisors, before whom the hearing is to be held, for any reason which shall by them be deemed good and sufficient, shall have the power to adjourn the hearing, provided for in section three hereof, from time to time, but no notice of said adjournment need be given, except that the day and hour to which adjournment is ordered must be stated in the minutes or in the resolution of adjournment.

Section 5. When said notice has been fully given, as herein provided, and the hearing held and concluded, the board of supervisors hearing the matter shall make their decision and enter their findings in the minutes of the meeting, and they shall define the boundaries of the district as established in their findings, and they must state clearly any modifications of the liability of land owners for the burdens of the district, and they shall determine and enter in their minutes the name of the district which shall be "Electrical district Number... of the county of ..and State of Arizona." Thereupon, they shall appoint three freeholders, residents of the proposed district, who

shall constitute a board of election commissioners, whose duty it shall be to call and conduct the first or organization election.

Section 6. Any person aggrieved by the decision of the board of supervisors upon the hearing provided for in the foregoing sections of this act or any part thereof, is hereby given the right of appeal from the decision or any part thereof, from the finding with regard to the operations of the proposed district being a public use, and from each and every thing which the board may have done in the proceedings to the Superior Court of the county in which the hearing was held, and this right of appeal is accorded to any and all persons interested in, or in any way affected by the decision of the board of supervisors on the trial, whether the said appellants shali have appeared before the board, at the hearing, or have not.

Said appeal shall be taken and perfected by the service of notice within fifteen days from the time of the decision and not thereafter, which notice shall be signed and served as follows.

If by petitioners or interested freeholders, from a refusal of the board of supervisors to call an organization election, the notice shall be signed by three petitioners or interested freeholders and served on the chairman of the board of supervisors having heard the matter. If from the exclusion of lands from the district, the notice shall be signed by one or more petitioners or one or more interested property taxpayers resident of the district or taxpayers in or to the district, and it shall be served on the chairman of the board of supervisors and upon all the owners of land and those interested in lands the exclusion of which is contested by the appeal. If by objectors from

the inclusion of lands within the district it shall be signed by all the objectors and shall be served on the chairman of the board of supervisors and upon any five of the petitioners. Appellants must pay in advance the cost thereof and request in writing the clerk of the board of supervisors hearing the matter to transmit to the Clerk of the Superior Court all papers filed in the controversy with the board of supervisors and a transcript of all of the records of the board pertaining thereto, including all minutes and resolutions of the board of supervisors and upon such request being made and the fees therefor being paid in advance it shall be the duty of such clerk of the board of supervisors to transmit and file the same with the Superior Court of the county as soon as practicable and within five days. If the request be not made or if being made the fees therefor be not paid as herein provided within said fifteen days the appeal shall be waived. Oral notice of appeal may be given at the time of the decision appealed from, which shall be entered in the minutes of the meeting but the request for the certification of the record and payment of the fees in advance must be made within the said fifteen days after the decision or the appeal shall be waived. Service of notice of appeal shall be governed by the law of service of summons in commencing actions in the Superior Court.

Trial of the appeal in the Superior Court shall be de novo and appeal to the Supreme Court shall be governed by the laws of the State of Arizona relating to such proceedings and the rules of the Supreme Court. All appeals in this section provided for shall be tried within thirty days after the decision but the Superior Court may for good cause continue the trial not more than sixty

days but no continuance shall be granted or effective if granted, unless the appellant shall give a good and sufficient bond conditioned to pay the cost of appeal if the decision of the board of supervisors be not reversed which bond shall be in an amount and form prescribed by the judge of said court and approved by him.

No appeal from the inclusion of lands within the district shall hinder or delay the district in the calling of the organization election or hinder in any manner the district and its officers from proceeding to carry out all the objects of its for mation except in case the aggregate of appeals from the inclusion of lands shall amount to more than one-third of the area or acreage of the proposed district. During the pendency of appeal, all owners of lands involved in any appeal shall have the right to vote under the same conditions as if their lands were included in the district and without prejudice to their rights on appeal.

Section 7. It shall be the duty of the election commissioners first to nominate nine persons, all of whom shall be resident freeholders of the district and qualified voters, as candidates for election as members of the board of directors of the district, should it be approved by the vote. The election commissioners shall then call an election, giving at least ten days and not more than fifteen days notice thereof, by posting a notice or copy thereof in one public place in each township or part of township of each range or part of range in the proposed district, and not less than three notices at different public places in each county in which any part of the district is located. The notice shall contain the names of candidates for directors, the day of the election, the hours during which the polls will be open,

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