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.
|