§ 76-15-212 — Submission Of Application By Appointed Supervisors

76-15-212 . Submission of application by appointed supervisors. The district is a governmental subdivision of this state and a public body, corporate and politic, upon the taking of the following proceedings:
(1) The two appointed supervisors shall present to the secretary of state an application signed by them, which must set forth:
(a) that a petition for the creation of the district was filed with the department pursuant to this chapter, that the proceedings specified in this chapter were taken pursuant to the petition, 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 that the department has appointed them as supervisors;
(b) the name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office;
(c) the term of office of each of the supervisors;
(d) the name which is proposed for the district; and
(e) the location of the principal offices of the supervisors of the district.
(2) The application must be subscribed and sworn to by each of the supervisors.
(3) (a) The application must be accompanied by a statement by the department which shall certify that:
(i) a petition was filed, notice issued, and hearing held as provided in this part;
(ii) the department determined that there is need in the interest of the public health, safety, and welfare for a conservation district to function in the proposed territory and defined the boundaries of the district;
(iii) notice was given and a referendum held on the question of the creation of the district; and
(iv) the result of the referendum showed a majority of the votes cast in the referendum to be in favor of the creation of the district and that the department determined that the operation of the proposed district is administratively practicable and feasible.
(b) The statement must also set forth the boundaries of the district as they have been defined by the department.

Legislative History

En. Sec. 5, Ch. 72, L. 1939; amd. Sec. 3, Ch. 73, L. 1961; amd. Sec. 4, Ch. 431, L. 1971; amd. Sec. 90, Ch. 253, L. 1974; amd. Sec. 1, Ch. 18, L. 1977; R.C.M. 1947, 76-105(part); amd. Sec. 279, Ch. 418, L. 1995.