(a)After five (5) years after the organization of a
district under this act, any ten (10) owners of land lying
within the district may petition the commission that the
operations of the district be discontinued and the existence of
the district terminated. The commission may conduct public
meetings and hearings upon the petition as necessary in the
consideration thereof. Within sixty (60) days after a petition
has been filed with the commission, it shall give notice of a
referendum as provided in the Special District Elections Act of
1994. The commission shall supervise the referendum and issue
appropriate regulations governing the conduct thereof. The
question shall be submitted by ballots upon which the words "For
terminating the existence of the .... (name of the conservation
district
Free access — add to your briefcase to read the full text and ask questions with AI
(a) After five (5) years after the organization of a
district under this act, any ten (10) owners of land lying
within the district may petition the commission that the
operations of the district be discontinued and the existence of
the district terminated. The commission may conduct public
meetings and hearings upon the petition as necessary in the
consideration thereof. Within sixty (60) days after a petition
has been filed with the commission, it shall give notice of a
referendum as provided in the Special District Elections Act of
1994. The commission shall supervise the referendum and issue
appropriate regulations governing the conduct thereof. The
question shall be submitted by ballots upon which the words "For
terminating the existence of the .... (name of the conservation
district to be here inserted)" and "Against terminating the
existence of the .... (name of the conservation district to be
here inserted)" shall appear, with a square before each
proposition and a direction to insert an X mark in the square
before one (1) or the other as the voter may favor or oppose
dissolution of the district. Qualified electors of the district
are eligible to vote in the referendum. No informalities in the
conduct of the referendum or related matters shall invalidate
the referendum or result if notice is given substantially as
herein provided and the referendum is fairly conducted.
(b) The commission shall publish the result of the
referendum. If a majority of the votes cast in the referendum
oppose dissolution of the district, the commission shall
determine whether the continued operation of the district within
the defined boundaries is administratively practicable. If the
commission determines the continued operation of the district is
administratively practicable, it shall record its determination
and deny the petition. If a majority of the votes cast favor
dissolution of the district it shall certify that fact to the
supervisors of the district. In making the determination of
administrative practicality to continue the district the
commission shall consider those factors set forth in W.S.
11-16-112 for creation of the district.
(c) Upon receipt from the commission of a certification
that the majority of votes cast in the referendum favor
dissolution of the district, the supervisors shall forthwith
terminate the affairs of the district. The supervisors shall
dispose of all property belonging to the district at public
auction and pay the net proceeds of the sales to the state
treasurer. The supervisors shall thereupon file a verified
application with the secretary of state for dissolution of the
district, and shall transmit with the application the
certificate of the commission that the majority of votes cast at
the referendum favored dissolution of the district. The
application shall recite that the property of the district has
been disposed of and the proceeds paid over as provided by law,
setting forth a full accounting of the properties and proceeds
of sale. The secretary of state shall issue to the supervisors a
certificate of dissolution and shall record the certificate in
an appropriate book in his office. The secretary of state shall
make no charge for any service required of him by this act.
(d) Upon issuance of a certificate of dissolution all
ordinances and regulations adopted and in force within the
district are void. All contracts to which the district or
supervisors are parties remain in force and effect for the
period provided in such contracts. The commission shall be
substituted for the district or supervisors as party to the
contracts. The commission is entitled to all benefits and
subject to all liabilities under such contracts and has the same
right and liability to perform, require performance, sue and be
sued thereon, and to modify or terminate the contracts as the
supervisors of the district would have had. Dissolution does not
affect the lien of any judgment entered or the pendency of any
action instituted under W.S. 11-16-126 [repealed], and the
commission succeeds to all rights and obligations of the
district or supervisors as to such liens and actions.