7-11-1029. Dissolution of special district. (1) A special district may be dissolved if it is considered to be in the best interest of a local government or the inhabitants of the local government or if the purpose for creating the special district has been fulfilled and the special district is not needed in perpetuity.
     (2) The governing body may pass a resolution of intention to dissolve a special district upon its own request or upon request of the separate board administering the special district.
     (3) After the passage of the resolution provided for in subsection (2), the clerk of the local government that established the special district shall publish a notice, as provided in 7-1-2121 or 7-1-4127, of the intention to dissolve the district.
     (4) The notice must specify the boundaries of the special district to be dissolved, the date of the passage of the resolution of intention to dissolve, the date set for the passage of the resolution of dissolution, and that the resolution will be passed unless the clerk of the local government receives written protest in advance from:
     (a) 40% of registered voters or 40% of the owners of real property in the district; or
     (b) 40% of registered voters or 40% of the property taxpayers in the district if the district program or improvements have been financed through a mill levy.
     (5) If the special district is dissolved, the clerk of the local government shall immediately send written notice to:
     (a) the secretary of state; and
     (b) the department of revenue, providing the same information required in 7-11-1014 when a district is created. The department of revenue and the department of administration shall respond to the dissolution in the same manner as they respond to the creation of a district, as described in 7-11-1014.
     (6) The dissolution of a special district may not relieve the property owners from the assessment and payment of a sufficient amount to liquidate all charges existing against the special district prior to the date of dissolution.
     (7) Any assets remaining after all debts and obligations of the special district have been paid, discharged, or irrevocably settled must be:
     (a) deposited in the general fund of the local government;
     (b) in the case of multiple local governments, divided in accordance with their interlocal agreement and deposited in the general fund of each local government; or
     (c) transferred to a new special district that has been created to provide substantially the same service as provided by the dissolved special district.
     (8) If the remaining assets are derived from private grants or gifts that restrict the use of those funds, the funds must be returned to the grantor or donor.

     History: En. Sec. 20, Ch. 286, L. 2009.