Change in boundaries; combination or division of districts; change in name of districts

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37-1040. Change in boundaries; combination or division of districts; change in name of districts

A. Petitions for a change in the boundaries of existing districts, or the combination of two or more existing districts may be filed with the commissioner by a majority of supervisors of the board or boards of supervisors of the district or districts to be affected. In the case of a proposed combination of two or more existing districts, the petition shall state the proposed boundaries of the new combined district, the proposed name, and shall propose a method, which has been mutually agreed upon by all boards of supervisors of affected districts, as to the future terms of office of existing district supervisors, and how such terms will be determined. The commissioner may require such hearings as he deems appropriate to enable him to make a determination as to the desirability of the proposed changes. If the commissioner makes a determination in favor of the changes, he shall certify the fact of such change to the secretary of state and shall notify the board of supervisors of the district, or districts, setting out in such notice the new boundaries and the name of the district and confirmation of terms of the supervisors. The secretary of state shall make and issue a corrected certificate of organization upon receipt of such certification from the commissioner.

B. The board of supervisors of any one or more districts organized under the provisions of this section may submit to the commissioner a petition signed by a majority of the members of the board of supervisors of each district affected requesting a division of a district, a combination of two or more districts, or a transfer of land from one district to another. The commissioner shall make a determination as to the practicability and feasibility of the proposed change, giving due regard to the same considerations as provided in this section for changes in district boundaries by other methods. If the commissioner determines that the proposed change of district boundaries is not administratively practicable and feasible, he shall record such determination and deny the petition. If the commissioner determines that the proposed change is administratively practicable and feasible, he shall record such determination and proceed with the reorganization of the district or districts affected in the same manner as provided in this section for changes in district boundaries by other methods.

C. Petitions for a change in the name of a district may be submitted to the commissioner by a majority of supervisors of the board of supervisors of a district. If the commissioner approves the change of name, he shall certify the fact of such change of name to the secretary of state and shall notify the board of supervisors of the district of such change, setting out in such notice the new name of the district. The secretary of state shall make and issue a corrected certificate of organization upon receipt of such certification from the commissioner.


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