7-13-2352. Dissolution of district by special election. (1) The board of directors may, after notice is given as provided in 7-1-2121, hold a hearing for dissolution of the district if:
(a) the district has no facilities;
(b) the district provides no services;
(c) the board is not a party to any existing contracts and is not engaged in any contract proposals for facilities or services; and
(d) the district has not had outstanding debts for at least 3 years.
(2) At the dissolution hearing, the board of directors shall hear testimony of all persons interested in whether the district should be dissolved.
(3) If the board of directors determines that the dissolution of the district is in the best interests of the public, the board may resolve to recommend that the district be dissolved. The recommendation must include a specific plan for distribution of any remaining assets after dissolution and must be provided to the board of county commissioners in each county in which the district is located.
(4) Upon receipt of a recommendation for dissolution, the board of county commissioners in each county in which the district lies shall order a referendum on the proposed dissolution. The referendum must be held in conjunction with a regular or primary election or must be conducted by mail ballot election as provided in Title 13, chapter 19.
(5) If the majority of votes cast at the election by qualified electors of the district are in favor of dissolving the district, each board of county commissioners shall by order declare the district dissolved.
(6) Upon dissolution of the district by each board of county commissioners, the clerk of each county in which the district was located shall immediately send written notice to the secretary of state and shall record a certificate stating that the district is dissolved.
(7) Any assets of the district after dissolution must be distributed according to the plan adopted by the board of directors under subsection (3).
History: En. Sec. 2, Ch. 233, L. 2013.
