Current through 11/5/2024 election
Section 30-20-1304 - Power to create federal mineral lease districts(1) Except as otherwise provided in this part 13, any county may create a district, so long as the district is created through a resolution adopted as specified in subsection (2) of this section no later than June 30, 2011, and each June 1 of every year thereafter.(2) A board of county commissioners shall create a district by duly adopting, by majority vote, a resolution to that effect, and the resolution shall set forth: (a) The name of the county creating the district;(c) A description of the boundaries of the district, which may include any municipality within the county creating the district;(d) The name of the district; and(e) The number of directors of the district. There shall be no fewer than three directors for a district, and the total number of directors shall be an odd number.(4) No later than the first business day after the adoption of a resolution, the county clerk and recorder shall transmit a certified copy of the resolution to the executive director of the department of local affairs, who shall, upon receipt of the certified copy of the resolution, allocate all future funding directly to the district. The state treasurer shall allocate all funding in accordance with section 34-63-104 (3) directly to the district.(5) A district organized pursuant to this part 13 may be dissolved by the district board after not less than fifteen days' notice to the public is given and a hearing is held. The notice shall be published in at least one newspaper of general circulation in the county in which the district is located. After hearing any protests against or objections to dissolution, if a majority of the district board determines that it is in the best interests of all concerned to dissolve the district, the district board shall so provide by resolution, and verified copies of the resolution shall be filed within three business days with the office of the county clerk and recorder in the county in which the district is located and with the executive director of the department of local affairs. Upon such filings, the dissolution shall be complete, except that no district shall be dissolved until all funding is distributed consistent with this part 13 and has satisfied or paid in full all of its outstanding indebtedness, obligations, and liabilities.(6) Notwithstanding any other provision in subsection (5) of this section, any board of county commissioners of a county that initiated and passed a resolution to create a district as described in section 30-20-1304 (2) as such section existed before April 6, 2012, may, within ninety days of April 6, 2012, initiate and pass a resolution to dissolve the district. For any district dissolved pursuant to this subsection (6), all undistributed funding shall be paid over to the county.Amended by 2018 Ch. 51, § 2, eff. 3/22/2018.Amended by 2013 Ch. 316, § 99, eff. 8/7/2013.L. 2011: Entire part added, (HB 11 -1218), ch. 169, p. 581, § 1, effective May 9. L. 2012: (2)(c), (4), and (5) amended, (3) repealed, and (6) added, (SB 12-031), ch. 84, p. 276, § 3, effective April 6. L. 2013: (2) (b) repealed, (HB 13-1300), ch. 316, p. 1695, § 99, effective August 7. L. 2018: (4) amended, (HB 18-1249), ch. 51, p. 491, § 2, effective March 22.