Naming Proposed District Upon Determination of Practicability — Appointment and Election of Supervisors — Application, Form and Contents — Statement of Soil Conservation Committee — Issuance of Certificate — Boundaries — Fee
Naming Proposed District Upon Determination of Practicability — Appointment and Election of Supervisors — Application, Form and Contents — Statement of Soil Conservation Committee — Issuance of Certificate — Boundaries — Fee
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If the committee determines that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall name the district and shall appoint two (2) supervisors to act, with the three (3) supervisors elected as provided in § 43-14-216, as the governing body of the district.
The two (2) appointed supervisors shall present to the secretary of state an application signed by them, which shall set forth, and such application need contain no detail other than the mere recitals:
That a petition for the creation of the district was filed with the state soil conservation committee pursuant to this part, and that the proceedings specified in this part were taken pursuant to the petition; that the application is being filed in order to complete the organization of the district; and that the committee has appointed them as supervisors;
The name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office;
The term of office of each of the supervisors;
The name that is proposed for the district; and
The location of the principal office of the supervisors of the district.
The application shall be subscribed and sworn to by each of the supervisors before an officer authorized by the laws of this state to take and certify oaths. The application shall be accompanied by a statement by the state soil conservation committee, which shall certify that, and such statement need contain no detail other than the mere recitals:
A petition was filed, notice issued, and hearing held as mentioned in this part;
The committee did duly determine that there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the proposed territory and did define the boundaries thereof;
Notice was given and a referendum held on the question of the creation of the district;
The result of the referendum showed a majority of the votes cast in such referendum to be in favor of the creation of the district; and
Thereafter, the committee did duly determine that the operation of the proposed district is administratively practicable and feasible.
The statement shall set forth the boundaries of the district as they have been defined by the committee.
When the application and statement have been made, filed, and recorded in the office of the secretary of state, the district shall constitute a subdivision of this state and a public body corporate and politic. The secretary of state shall make and issue to the supervisors a certificate, under the seal of the state, of the due organization of the district, and shall record the certificate with the application and statement. The boundaries of the district shall include the territory as determined by the state soil conservation committee as mentioned in subsection (c), but in no event shall the district include any area included within the boundaries of another soil conservation district organized under this part.
There shall be paid to the secretary of state, at the time the certificate is issued, the sum of five dollars ($5.00), which shall be in lieu of all other fees.