Statement by board--Preparation, contents, and certification--Statement and bonds presented to department--Recording of statement--Registration of bonds.

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46A-6-38. Statement by board--Preparation, contents, and certification--Statement and bonds presented to department--Recording of statement--Registration of bonds.

If the court determines the proceedings for the organization of the district to be legal and valid and the proceedings for the voting and issuing of the bonds legal and valid, the board of directors shall then prepare a written statement, beginning with the filing of the petition for the organization of the district and including all subsequent proceedings for the organization of the district, the voting and issuing of such bonds or other objects of such petition, and ending with the decree of the court finding the proceedings for the organization of the district and subsequent proceedings legal and valid. If the proceedings are for the confirmation of a bond issue, the board shall present the written statement and the bonds to the Department of Agriculture and Natural Resources and the written statement shall be certified under oath by the board of directors of the district. The Department of Agriculture and Natural Resources shall record the statement and register the bonds in its office, and no such bonds may be issued or be valid unless they are registered and have endorsed on the bonds a certificate of the Department of Agriculture and Natural Resources showing that the bonds are issued pursuant to law, the date filed in the office of the department being the basis of the certificate.

Source: SDC 1939, §61.0845; SDCL §46-14-37; SL 1977, ch 366, §7; SL 2011, ch 165, §407; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.


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