§ 5. Creation of soil and water conservation districts. (1) When the board of supervisors of any county determines that conservation of soil and water resources and control and prevention of soil erosion and prevention of floodwater and sediment damages are problems of public concern in the county, and further determines that a substantial proportion of the rural land occupiers of the county favors such a resolution, the said board of supervisors, by a resolution adopted at any regular or special meeting of the board, may declare the county to be a soil and water conservation district for the purpose of effectuating the legislative policy announced in section two, providing written notice of intention to act on such resolution, together with the basis for action, is provided by the county board to the state soil and water conservation committee at least thirty days before action is taken on such resolution. These determinations may be made through hearings, petitions or referenda.

(2) In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of the district, the district shall be deemed to have been established in accordance with the provisions of this article upon proof of the adoption of the resolution of the county board declaring the county to be a soil and water conservation district. A copy of such resolution duly certified by the clerk of the board shall be admissible in evidence in any such suit, action or proceeding and shall be proof of the filing and contents thereof.

(3) Any soil conservation district heretofore created or existing shall be deemed to be continued for all purposes and shall hereafter be designated as a soil and water conservation district.

(4) Notwithstanding any other provision of this chapter, the mayor of the city of New York shall have the authority to establish a soil and water conservation district encompassing the five counties of the city.