§ 30-20-1304 — Power to create federal mineral lease districts

(1) Except as
otherwise provided in this part 13, any county may create a district, so long as the
district is created through a resolution adopted as specified in subsection (2) of this
section no later than June 30, 2011, and each June 1 of every year thereafter.

(2) A board of county commissioners shall create a district by duly adopting,
by majority vote, a resolution to that effect, and the resolution shall set forth:

(a) The name of the county creating the district;

(b) Repealed.

(c) A description of the boundaries of the district, which may include any
municipality within the county creating the district;

(d) The name of the district; and

(e) The number of directors of the district. There shall be no fewer than three
directors for a district, and the total number of directors shall be an odd number.

(3) Repealed.

(4) No later than the first business day after the adoption of a resolution, the
county clerk and recorder shall transmit a certified copy of the resolution to the
executive director of the department of local affairs, who shall, upon receipt of the
certified copy of the resolution, allocate all future funding directly to the district.
The state treasurer shall allocate all funding in accordance with section 34-63-104
(3) directly to the district.

(5) A district organized pursuant to this part 13 may be dissolved by the
district board after not less than fifteen days' notice to the public is given and a
hearing is held. The notice shall be published in at least one newspaper of general
circulation in the county in which the district is located. After hearing any protests
against or objections to dissolution, if a majority of the district board determines
that it is in the best interests of all concerned to dissolve the district, the district
board shall so provide by resolution, and verified copies of the resolution shall be
filed within three business days with the office of the county clerk and recorder in
the county in which the district is located and with the executive director of the
department of local affairs. Upon such filings, the dissolution shall be complete,
except that no district shall be dissolved until all funding is distributed consistent
with this part 13 and has satisfied or paid in full all of its outstanding indebtedness,
obligations, and liabilities.

(6) Notwithstanding any other provision in subsection (5) of this section, any
board of county commissioners of a county that initiated and passed a resolution to
create a district as described in section 30-20-1304 (2) as such section existed
before April 6, 2012, may, within ninety days of April 6, 2012, initiate and pass a
resolution to dissolve the district. For any district dissolved pursuant to this
subsection (6), all undistributed funding shall be paid over to the county.

Legislative History

Source: L. 2011: Entire part added, (HB 11-1218), ch. 169, p. 581, � 1, effective May 9. L. 2012: (2)(c), (4), and (5) amended, (3) repealed, and (6) added, (SB 12-031), ch. 84, p. 276, � 3, effective April 6. L. 2013: (2) (b) repealed, (HB 13-1300), ch. 316, p. 1695, � 99, effective August 7. L. 2018: (4) amended, (HB 18-1249), ch. 51, p. 491, � 2, effective March 22.