(a) If the commission determines that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall name the district and appoint two (2) supervisors to act, with the three (3) supervisors elected pursuant to § 43-14-214, as the governing body of the district.
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Terms Used In Tennessee Code 43-14-210

  • Commission: means the Tennessee soil and water conservation commission created by §. See Tennessee Code 43-14-202
  • Petition: means a petition filed under §. See Tennessee Code 43-14-202
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • soil and water conservation district: means a subdivision of this state and a public body corporate and politic, organized under this part, for the purpose, with the powers, and subject to the restrictions set forth in this part. See Tennessee Code 43-14-202
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) The two (2) appointed supervisors shall present to the secretary of state an application signed by them, and subscribed and sworn to by each of the supervisors before an officer authorized by the laws of this state to take and certify oaths, which provides:

(1) That a petition for the creation of the district was filed with the commission pursuant to this part, and that the proceedings required by this part were taken pursuant to the petition, that the application is filed in order to complete the organization of the district, and that the commission has appointed the applicants as supervisors;
(2) The name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office;
(3) The term of office of each of the supervisors;
(4) The name proposed for the district; and
(5) The location of the district supervisors’ principal office.
(c)

(1) The application required by subsection (b) must be accompanied by a statement from the commission, which certifies that:

(A) A petition was filed, notice was issued, and a hearing was held as required by this part;
(B) The commission determined that there is a need, in the interest of public health, safety, and welfare, for a soil and water conservation district to function in the proposed territory and defined the boundaries thereof;
(C) Notice was given, and a referendum held on the question of the creation of the district;
(D) A majority of the votes cast in the referendum favored the creation of the district; and
(E) After the referendum, the commission determined that the operation of the proposed district is administratively practicable and feasible.
(2) The statement must set forth the boundaries of the district as they have been defined by the commission.
(d) When the application and statement have been filed and recorded in the office of the secretary of state, the district constitutes a subdivision of this state and a public body corporate and politic. The secretary of state shall make and issue to the supervisors, under the seal of the state, a certificate of the organization of the district, and shall record the certificate with the application and statement. The boundaries of the district must include the territory as defined by the commission under subsection (c), but the district must not include any area included within the boundaries of another soil and water conservation district organized under this part.
(e) In lieu of all other fees, five dollars ($5.00), must be paid to the secretary of state at the time the certificate is issued.
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