Sec 37-1038. Dissolution of district

A. At any time after five years following the organization of a district, any twenty-five owners of land or not less than twenty per cent of the owners of land lying within the boundaries of the district may file a petition with the commissioner praying that the operations of the district be terminated and its existence discontinued. The commissioner shall conduct such public meetings and hearings upon the petition as may be necessary to assist in the consideration thereof.

B. Within sixty days after filing of the petition, the commissioner shall give notice of the holding of a referendum, and shall supervise the referendum and issue appropriate regulations governing the conduct thereof. The question shall be submitted by ballots upon which the propositions, "For terminating the existence of the (name of district)" and "against terminating the existence of the (name of district)," shall be printed, with a square after each proposition and an instruction to mark an X in the square following the proposition for which the voter desires to vote. Only owners of lands lying within the boundaries of the district shall be eligible to vote on the referendum. No informality in the conduct of the referendum or in any matter relating thereto shall invalidate the referendum or the result thereof, if due notice thereof has been given substantially as provided in this chapter and the referendum has been fairly conducted.

C. If sixty-five per cent of the landowners voting thereon vote to terminate the existence of a district, the commissioner shall advise the supervisors to conclude the affairs of the district. The supervisors shall dispose of all property belonging to the district at public auction and shall transmit the proceeds of the sale to the state treasurer for deposit, pursuant to sections 35-146 and 35-147.

D. The supervisors shall thereupon file a verified application with the secretary of state for discontinuance of the district, together with the certificate of the commissioner setting forth the determination of the commissioner that the continued operation of the district is not administratively feasible. The application shall recite that the property of the district has been disposed of and the proceeds paid over as provided in this section, and shall include a full accounting of the properties and the proceeds of the sale. The secretary of state shall issue to the supervisors a certificate of dissolution, and shall record the certificate in his office.

E. The commissioner shall not entertain a petition for the discontinuance of any district, nor conduct a referendum thereon, nor make any determination pursuant thereto, more than once in five years.