2006 Utah Code - 17A-3-803 — Consolidation, division, or termination of district -- Action on petition.

     17A-3-803.   Consolidation, division, or termination of district -- Action on petition.
     (1) Any 25, or more, land occupiers resident within a district may sign and file a written petition with the commission for the consolidation of two or more existing districts, for the division of an existing district into two or more separate districts, or for termination of an existing district; or, the commission on its own motion may propose to consolidate two or more districts, divide a district, or terminate a district.
     (2) No district, whether upon written petition or upon the commission's own motion, shall be consolidated, divided, or terminated without compliance with the notice, hearing, and consideration requirements set forth in Section 17A-3-802.
     (3) If the commission determines after hearing and consideration that it is not necessary or administratively practical to allow consolidation, or to allow division, or to allow termination, as the case may be, it shall deny the petition or its own motion and set forth in writing the reasons for its action.
     (4) If the commission determines after hearing and consideration that it is necessary and administratively practical to consolidate, divide, or terminate a district or districts, as the case may be, it shall grant the petition or its own motion, as the case may be, and set forth in writing the reasons for its action.
     (5) If two or more districts are consolidated or if a district is divided, the commission shall certify and file a copy of the legal description of the new district or districts with the lieutenant governor. The commission shall also certify and file a "notice of termination" with the lieutenant governor immediately following the termination of any district.
     (6) The commission, upon denying its own motion or a petition for consolidation, division, or termination, is without jurisdiction to entertain a similar motion or petition for six months following denial.

Renumbered and Amended by Chapter 186, 1990 General Session

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