Section 321.460

Title XXI PUBLIC SAFETY AND MORALS

Chapter 321

Effective - 28 Aug 2012   

  321.460.  Consolidation of districts, procedure — may also provide ambulance service — election, ballot form. — 1.  Two or more fire protection districts may consolidate with each other in the manner hereinafter provided, and only if the districts have one or more common boundaries, in whole or in part, or are located within the same county, in whole or in part, as to any respective two of the districts which are so consolidating.

  2.  By a majority vote of each board of directors of each fire protection district included within the proposed consolidation, a consolidation plan may be adopted.  The consolidation plan shall include the name of the proposed consolidated district, the legal description of the boundaries of each district to be consolidated, and a legal description of the boundaries of the consolidated district, the amount of outstanding bonds, if any, of each district proposed to be consolidated, a listing of the firehouses within each district, and the names of the districts to be consolidated.

  3.  Each board of the districts approving the plan for proposed consolidation shall duly certify and file in the office of the clerk of the circuit court of the county in which the district is located a copy of the plan of consolidation, bearing the signatures of those directors who vote in favor thereof, together with a petition for consolidation.  The petition may be made jointly by all of the districts within the respective plan of consolidation.  A filing fee of fifty dollars shall be deposited with the clerk, on the filing of the petition, against the costs of court.

  4.  The circuit court sitting in and for any county to which the petition is presented is hereby vested with jurisdiction, power and authority to hear the same, and to approve the consolidation and order such districts consolidated, after holding an election, as hereinafter provided.

  5.  If the circuit court finds the plan for consolidation to have been duly approved by the respective boards of directors of the fire protection districts proposed to be consolidated, then the circuit court shall enter its order of record, directing the submission of the question.

  6.  The order shall direct publication of notice of election, and shall fix the date thereof.  The order shall direct that the elections shall be held to vote on the proposition of consolidating the districts and to elect three persons, having the qualifications declared in section 321.130 and being among the then directors of the districts proposed to be consolidated, to become directors of the consolidated district.

  7.  The question shall be submitted in substantially the following form:

Shall the ______ Fire Protection Districts and the ______ Fire Protection District be consolidated into one fire protection district to be known as the ______ Fire Protection District, with tax levies not in excess of the following amounts:  maintenance fund ______ cents per one hundred dollars assessed valuation; ambulance service ______ cents per one hundred dollars assessed valuation; pension fund ______ cents per one hundred dollars assessed valuation; and dispatching fund ______ cents per one hundred dollars assessed valuation?

  8.  If, upon the canvass and declaration, it is found and determined that a majority of the voters of the districts voting on the proposition or propositions have voted in favor of the proposition to incorporate the consolidated district, then the court shall then further, in its order, designate the first board of directors of the consolidated district, who have been elected by the voters voting thereon, the one receiving the third highest number of votes to hold office until the first Tuesday in April which is more than one year after the date of election, the one receiving the second highest number of votes to hold office until two years after the first Tuesday aforesaid, and the one receiving the highest number of votes until four years after the first Tuesday in April as aforesaid.  If any other propositions are also submitted at the election, the court, in its order, shall also declare the results of the votes thereon.  If the court shall find and determine, upon the canvass and declaration, that a majority of the voters of the consolidated district have not voted in favor of the proposition to incorporate the consolidated district, then the court shall enter its order declaring the proceedings void and of no effect, and shall dismiss the same at the cost of petitioners.

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(L. 1961 p. 553 § 1, A.L. 1969 H.B. 322, A.L. 1978 H.B. 971, A.L. 1985 H.B. 167, et al., A.L. 2012 H.B. 1647)