§ 14-125-206 — Appointment of directors - Proceedings for organization

(a) If the commission shall determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall appoint two (2) directors to act, with the three (3) directors elected as provided hereinafter, as the governing body of the district. (b) The district shall be a governmental subdivision of this state and a public body, corporate and politic, upon the taking of the following proceedings: (1) The two (2) appointed directors shall present to the Secretary of State an application signed by them, which shall set forth, and the application need contain no detail other than the mere recitals: (A) (i) That a petition for the creation of the district was filed with the Arkansas Soil and Water Conservation Commission pursuant to the provisions of this chapter and that the proceedings specified in this chapter were taken pursuant to the petition; (ii) That the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this chapter; and (iii) That the commission has appointed them as directors; (B) The name and official residence of each of the directors, together with a certified copy of the appointments evidencing their right to office; (C) The term of office of each of the directors; (D) The name which is proposed for the district; and (E) The location of the principal office of the directors of the district. (2) The application shall be subscribed and sworn to by each of the directors before an officer authorized by the laws of this state to take and certify oaths, who shall certify upon the application that he personally knows the directors and knows them to be the officers as affirmed in the application, and that each has subscribed thereto in the officer's presence. (3) The application shall be accompanied by a statement by the Arkansas Soil and Water Conservation Commission, which shall certify, and such statement need contain no detail other than the mere recitals, that: (A) A petition was filed, notice issued, and hearing held as aforesaid; (B) The commission 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; (C) Notice was given and a referendum held on the question of the creation of the district, that the result of the referendum showed two-thirds (2/3) of the votes cast in the referendum to be in favor of the creation of the district, and that thereafter the commission did duly determine that the operation of the proposed district is administratively practicable and feasible. (4) The statement shall set forth the boundaries of the district as they have been defined by the commission. (5) The Secretary of State shall examine the application and statement and, if he finds that the name proposed for the district is not identical with that of any other soil conservation district of this state or so nearly similar as to lead to confusion or uncertainty, shall receive and file them and shall record them in an appropriate book of record in his office. If the Secretary of State shall find that the name proposed for the district is identical with that of any other soil conservation district of this state, or so nearly similar as to lead to confusion and uncertainty, he shall certify that fact to the Arkansas Soil and Water Conservation Commission, which shall thereupon submit to the Secretary of State a new name for the district, which shall not be subject to the defects. Upon receipt of the new name, free of such defects, the Secretary of State shall record the application and statement, with the name so modified, in an appropriate book of record in his office. (6) When the application and statement have been made, filed, and recorded, as provided in this section, the district shall constitute a governmental subdivision of this state and a public body, corporate and politic. (7) The Secretary of State shall make and issue to the directors 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 Arkansas Soil and Water Conservation Commission as set out in §§ 14-125-201 and 14-125-202 , but in no event shall they include any area included within the boundaries of another soil conservation district organized under the provisions of this chapter.

Legislative History

Acts 1937, No. 197, § 5; Pope's Dig., § 11837; Acts 1945, No. 225, § 1; 1965, No. 424, § 3; A.S.A. 1947, § 9-905.