19-2716.   Formation of taxing district for fire protection and streetlighting; petition; enlargement of boundaries, when.When the resident owners of fifty-one percent (51%) or more of the landlocated in an unincorporated town or village, which land is occupied inplatted lots and blocks or in tracts consisting of five (5) acres or less,and consisting of five (5) or more such adjoining tracts, shall present apetition to the board of county commissioners of the county within whichsuch district is located, describing such district by metes and bounds, orby block and lot numbers where platted, and asking that said district beformed into a taxing district for the purpose of furnishing fire protectionor street lighting therein, it shall be the duty of the board of countycommissioners to investigate such petition and ascertain whether the sameis signed by the resident owners of fifty-one percent (51%) or more of thereal estate within such district, and if the said board shall find thatsaid petition complies in all respects with the provisions of this act, thesaid board of county commissioners shall enter an order upon its recordsdeclaring said district to have been formed into and to constitute a taxingdistrict for the purpose of levying a tax to furnish fire protection orstreet lighting therein.

      After the establishment of any such district as herein provided, theboundaries of same may be enlarged by the filing with the board of countycommissioners of a petition signed by a majority of the resident propertyowners in the territory proposed to be added to such district. No landshall be included within such taxing district which consists of more thanfive (5) acres in any one tract, unless the owner thereof shall request inwriting to the board of county commissioners that such land be includedwithin such taxing district.

      History:   L. 1927, ch. 170, § 1; L. 1938, ch. 43, § 1; L. 1957, ch. 181, § 1;June 29.