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.

(c) The name proposed for the district.

(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.