37-1036

37-1036. Proceedings to organize district;
certificate of organization

A. A district shall be organized and shall be a body corporate upon taking the
following steps:

1. The supervisors elected as provided in section 37-1035 shall present to the
secretary of state an application, signed and acknowledged by each supervisor, setting
forth:

(a) That a petition for the creation of the district was approved by the
commissioner pursuant to the provisions of this chapter.

(b) The name and official residence of each supervisor, and a certified copy of
their notification of election.

(d) The location of the proposed office of the supervisors of the district.

2. The application shall be accompanied by a certificate of the commissioner which
shall set forth:

(a) The boundaries of the district as determined by him.

(b) That a petition was filed, notice issued and a hearing held as prescribed by
law.

(c) That for a district to function in the proposed territory was determined by the
commissioner to be in the public interest.

(d) That notice was given and a referendum on the question of the creation of the
district and an election of supervisors were held.

(e) That the results of the referendum showed not less than sixty-five per cent of
the votes cast, representing not less than fifty per cent of the owners of land, to be in
favor of the creation of the district.

(f) That the supervisors signing the application are the duly elected supervisors
of the district.

3. 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 or so similar to that
of any other district as to lead to confusion, he shall record them. If the name
proposed is identical with or so similar to another district as to lead to confusion, he
shall certify that fact to the commissioner, who shall submit another name. Upon receipt
of a new name, free from defects, the secretary of state shall record the application and
statement.

B. The secretary of state shall issue to the supervisors a certificate, under the
seal of the state, certifying the organization of the district, and record the
certificate with the application and statement. The district shall include the territory
as determined by the commissioner, but it shall not include any area within the
boundaries of another district, nor shall it include any area, land or property of or
lands held under certificate of purchase or lease from the state by any person or
persons, which area, land, property or leaseholds lie within the geographical limits of
such district but the owners or holders of certificates of purchase or lessees of which
do not desire to come within the district.

C. In any action or proceeding involving the validity or enforcement of, or
relating to, any contract, proceeding or action of the district, the district shall be
deemed to have been established in accordance with the provisions of this chapter upon
proof of the issuance of the certificate of organization by the secretary of state. A
copy of the certificate certified by the secretary of state shall be admissible in
evidence in any action or proceeding, and shall be proof of the filing and contents
thereof. In like manner, any district combined, and consolidated with an adjacent
district or districts, and reorganized and renamed prior to the date of this section
shall be deemed to have been established upon proof of certifications and official maps
filed with the secretary of state by the division of natural resource conservation of the
state land department.

D. The commissioner shall appoint two supervisors from a panel of candidates
compiled by the elected supervisors and presented by the temporary chairman of the
elected supervisors. Candidates for the office of appointed supervisors shall be
qualified electors of the state. Appointed supervisors shall continue to serve until May
31 of the next even-numbered year or until their successors are otherwise appointed.