2014 Kentucky Revised Statutes CHAPTER 262 - SOIL AND WATER CONSERVATION 262.170 Secretary of State to record application and issue certificate of creation.
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262.170 Secretary of State to record application and issue certificate of
creation.
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The Secretary of State shall examine the application and statement and, if he
finds that the name proposed for the district is not identical with that of any
other district or so nearly similar as to lead to confusion or uncertainty, he shall
receive and file the application and statement and record them in an
appropriate book of record in his office.
If the Secretary of State finds that the name proposed for the district is identical
with that of any other district or so nearly similar as to lead to confusion and
uncertainty, he shall certify that fact to the commission, which shall submit to
the Secretary of State a new name which is not subject to such defects. Upon
receipt of the new name, free of such defects, the Secretary of State shall
record the application and statement, with the name so modified, in an
appropriate book of record in his office.
When the application and statement have been made, filed and recorded, as
provided in this section, the district shall come into existence as a public body
corporate and politic. The Secretary of State shall make and issue to the
supervisors a certificate, under the seal of the state, as to the organization of
the district, and shall record a copy of the certificate with the application and
statement.
In any action involving the validity or enforcement of, or relating to, any
contract or action of the district, the district shall be deemed to have been
established in accordance with this chapter upon proof of the issuance of the
certificate by the Secretary of State. A copy of the certificate properly certified
by the Secretary of State shall be admissible in evidence in any such action
and shall be proof of the filing and contents of the certificate.
Effective:October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. sec. 42i-5.
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