§ 11-16-113 — Establishment of district

(a) If the commission determines the operation of the
proposed district is administratively practicable, it shall
appoint two (2) supervisors who are owners of land in the
district to act with three (3) supervisors elected as provided
hereinafter as the governing body of the district. The district
shall be a governmental subdivision of this state and a public
body corporate and politic. The two (2) appointed supervisors
shall present to the secretary of state an application signed by
them setting forth by recital only and not in detail:
(i) That a petition for the creation of the district
was filed with the commission pursuant to the provisions of this
act, and the proceedings specified in the act were taken
pursuant to the petition;
(ii) That the application is filed to complete the
organization of the district as a governmental subdivision and a
public body, corporate and politic, under this act;
(iii) That the commission has appointed them as
supervisors;
(iv) The name and official residence of each
supervisor and a certified copy of the appointment evidencing
his right to office;
(v) The term of office of each supervisor;
(vi) The name of the district; and
(vii) The location of the principal office of the
supervisors of the district.
(b) The application shall be subscribed and sworn to by
each supervisor before an officer authorized to administer
oaths, who shall certify upon the application that he personally
knows the supervisors and knows them to be the officers affirmed
in the application, and that each has subscribed thereto in the
officer's presence. The application shall be accompanied by a
certified statement by the commission, setting forth the
boundaries of the district but otherwise containing no detail
other than the mere recitals that:
(i) A petition was filed, notice issued and hearing
held as required by law;
(ii) The commission 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
did define the boundaries;
(iii) Notice was given and a referendum held on the
question of the creation of such district;
(iv) The result of the referendum showed a majority
of the votes cast in favor of the creation of the district; and
(v) The commission did determine the operation of the
proposed district is administratively practicable.
(c) The secretary of state shall examine the application
and statement and if he finds the name proposed for the district
is not so similar to that of another conservation district as to
cause confusion or uncertainty, he shall record them in an
appropriate book in his office. If the secretary of state finds
the name proposed for the district is so similar to that of any
other conservation district of this state as to lead to
confusion, he shall certify that fact to the commission, which
shall submit a new name for the district which is not subject to
such defects. Upon receipt of the new name the secretary of
state shall record the application and statement, with the name
so modified, in an appropriate book. When the application and
statement have been made, filed and recorded, the district is a
governmental subdivision of this state and a public body
corporate and politic. The secretary of state shall issue to the
supervisors a certificate, under the seal of the state, of the
organization of the district, and shall record the certificate
with the application and statement. The boundaries of the
district shall include the territory determined by the
commission, but shall not include any area included within the
boundaries of another conservation district organized under this
act.