Election before decree becomes conclusive--decree to determine numberof directors--ballot form--successor directors, terms--may increasenumber of directors, exception--ballot, form--terms.
321.120. 1. The decree of incorporation shall not become final andconclusive until it has been submitted to an election of the votersresiding within the boundaries described in such decree, and until it hasbeen assented to by a majority vote of the voters of the district voting onthe question. The decree shall also provide for the holding of theelection to vote on the proposition of incorporating the district, and toselect three or five persons to act as the first board of directors, andshall fix the date for holding the election.
2. The question shall be submitted in substantially the followingform:
Shall there be incorporated a fire protection district?
â ã YES â ã NO
3. The proposition of electing the first board of directors or theelection of subsequent directors may be submitted on a separate ballot oron the same ballot which contains any other proposition of the fireprotection district. The ballot to be used for the election of a directoror directors shall be substantially in the following form:
OFFICIAL BALLOT Instruction to voters:
Place a cross (X) mark in the square opposite the name of thecandidate or candidates you favor. (Here state the number of directors tobe elected and their term of office.)
ELECTION
(Here insert name of district.) Fire Protection District. (Hereinsert date of election.)
FOR BOARD OF DIRECTORS .......... â ã ..........â ã .......... â ã
4. If a majority of the voters voting on the proposition orpropositions voted in favor of the proposition to incorporate the district,then the court shall enter its further order declaring the decree ofincorporation to be final and conclusive. In the event, however, that thecourt finds that a majority of the voters voting thereon voted against theproposition to incorporate the district, then the court shall enter itsfurther order declaring the decree of incorporation to be void and of noeffect. If the court enters an order declaring the decree of incorporationto be final and conclusive, it shall at the same time designate the firstboard of directors of the district who have been elected by the votersvoting thereon. If a board of three members is elected, the personreceiving the third highest number of votes shall hold office for a term oftwo years, the person receiving the second highest number of votes shallhold office for a term of four years, and the person receiving the highestnumber of votes shall hold office for a term of six years from the date ofthe election of the first board of directors and until their successors areduly elected and qualified. If a board of five members is elected, theperson who received the highest number of votes shall hold office for aterm of six years, the persons who received the second and third highestnumbers of votes shall hold office for terms of four years and the personswho received the fourth and fifth highest numbers of votes shall holdoffice for terms of two years and until their successors are duly electedand qualified. Thereafter, members of the board shall be elected to serveterms of six years and until their successors are duly elected andqualified, provided however, in any county with a charter form ofgovernment and with more than two hundred fifty thousand but fewer thanthree hundred fifty thousand inhabitants, any successor elected andqualified in the year 2005 shall hold office for a term of six years anduntil his or her successor is duly elected and qualified and any successorelected and qualified in the year 2006 or 2007 shall hold office for a termof five years and until his or her successor is duly elected and qualified,and thereafter, members of the board shall be elected to serve terms offour years and until their successors are duly elected and qualified. Thecourt shall at the same time enter an order of record declaring the resultof the election on the proposition, if any, to incur bonded indebtedness.
5. Notwithstanding the provisions of subsections 1 to 4 of thissection to the contrary, upon a motion by the board of directors indistricts where there are three-member boards, and upon approval by thevoters in the district, the number of directors may be increased to five,except that in any county of the first classification with a population ofmore than nine hundred thousand inhabitants such increase in the number ofdirectors shall apply only in the event of a consolidation of existingdistricts. The ballot to be used for the approval of the voters toincrease the number of members on the board of directors of the fireprotection district shall be substantially in the following form:
Shall the number of members of the board of directors of the......................... (Insert name of district) Fire ProtectionDistrict be increased to five members?
â ã YES â ã NO
If a majority of the voters voting on the proposition vote in favor of theproposition then at the next election of board members after the votersvote to increase the number of directors, the voters shall select twopersons to act in addition to the existing three directors as the board ofdirectors. The court which entered the order declaring the decree ofincorporation to be final shall designate the additional board of directorswho have been elected by the voters voting thereon as follows: the onereceiving the second highest number of votes to hold office for a term offour years, and the one receiving the highest number of votes to holdoffice for a term of six years from the date of the election of suchadditional board of directors and until their successors are duly electedand qualified. Thereafter, members of the board shall be elected to serveterms of six years and until their successors are duly elected andqualified, provided however, in any county with a charter form ofgovernment and with more than two hundred fifty thousand but fewer thanthree hundred fifty thousand inhabitants, any successor elected andqualified in the year 2005 shall hold office for a term of six years anduntil his or her successor is duly elected and qualified and any successorelected and qualified in the year 2006 or 2007 shall hold office for a termof five years and until his or her successor is duly elected and qualified,and thereafter, members of the board shall be elected to serve terms offour years and until their successors are duly elected and qualified.
6. Members of the board of directors in office on the date of anelection pursuant to subsection 5 of this section to elect additionalmembers to the board of directors shall serve the term to which they wereelected or appointed and until their successors are elected and qualified.
Election before decree becomes conclusive--decree to determine numberof directors--ballot form--successor directors, terms--may increasenumber of directors, exception--ballot, form--terms.
321.120. 1. The decree of incorporation shall not become final andconclusive until it has been submitted to an election of the votersresiding within the boundaries described in such decree, and until it hasbeen assented to by a majority vote of the voters of the district voting onthe question. The decree shall also provide for the holding of theelection to vote on the proposition of incorporating the district, and toselect three or five persons to act as the first board of directors, andshall fix the date for holding the election.
2. The question shall be submitted in substantially the followingform:
Shall there be incorporated a fire protection district?
â ã YES â ã NO
3. The proposition of electing the first board of directors or theelection of subsequent directors may be submitted on a separate ballot oron the same ballot which contains any other proposition of the fireprotection district. The ballot to be used for the election of a directoror directors shall be substantially in the following form:
OFFICIAL BALLOT Instruction to voters:
Place a cross (X) mark in the square opposite the name of thecandidate or candidates you favor. (Here state the number of directors tobe elected and their term of office.)
ELECTION
(Here insert name of district.) Fire Protection District. (Hereinsert date of election.)
FOR BOARD OF DIRECTORS .......... â ã ..........â ã .......... â ã
4. If a majority of the voters voting on the proposition orpropositions voted in favor of the proposition to incorporate the district,then the court shall enter its further order declaring the decree ofincorporation to be final and conclusive. In the event, however, that thecourt finds that a majority of the voters voting thereon voted against theproposition to incorporate the district, then the court shall enter itsfurther order declaring the decree of incorporation to be void and of noeffect. If the court enters an order declaring the decree of incorporationto be final and conclusive, it shall at the same time designate the firstboard of directors of the district who have been elected by the votersvoting thereon. If a board of three members is elected, the personreceiving the third highest number of votes shall hold office for a term oftwo years, the person receiving the second highest number of votes shallhold office for a term of four years, and the person receiving the highestnumber of votes shall hold office for a term of six years from the date ofthe election of the first board of directors and until their successors areduly elected and qualified. If a board of five members is elected, theperson who received the highest number of votes shall hold office for aterm of six years, the persons who received the second and third highestnumbers of votes shall hold office for terms of four years and the personswho received the fourth and fifth highest numbers of votes shall holdoffice for terms of two years and until their successors are duly electedand qualified. Thereafter, members of the board shall be elected to serveterms of six years and until their successors are duly elected andqualified, provided however, in any county with a charter form ofgovernment and with more than two hundred fifty thousand but fewer thanthree hundred fifty thousand inhabitants, any successor elected andqualified in the year 2005 shall hold office for a term of six years anduntil his or her successor is duly elected and qualified and any successorelected and qualified in the year 2006 or 2007 shall hold office for a termof five years and until his or her successor is duly elected and qualified,and thereafter, members of the board shall be elected to serve terms offour years and until their successors are duly elected and qualified. Thecourt shall at the same time enter an order of record declaring the resultof the election on the proposition, if any, to incur bonded indebtedness.
5. Notwithstanding the provisions of subsections 1 to 4 of thissection to the contrary, upon a motion by the board of directors indistricts where there are three-member boards, and upon approval by thevoters in the district, the number of directors may be increased to five,except that in any county of the first classification with a population ofmore than nine hundred thousand inhabitants such increase in the number ofdirectors shall apply only in the event of a consolidation of existingdistricts. The ballot to be used for the approval of the voters toincrease the number of members on the board of directors of the fireprotection district shall be substantially in the following form:
Shall the number of members of the board of directors of the......................... (Insert name of district) Fire ProtectionDistrict be increased to five members?
â ã YES â ã NO
If a majority of the voters voting on the proposition vote in favor of theproposition then at the next election of board members after the votersvote to increase the number of directors, the voters shall select twopersons to act in addition to the existing three directors as the board ofdirectors. The court which entered the order declaring the decree ofincorporation to be final shall designate the additional board of directorswho have been elected by the voters voting thereon as follows: the onereceiving the second highest number of votes to hold office for a term offour years, and the one receiving the highest number of votes to holdoffice for a term of six years from the date of the election of suchadditional board of directors and until their successors are duly electedand qualified. Thereafter, members of the board shall be elected to serveterms of six years and until their successors are duly elected andqualified, provided however, in any county with a charter form ofgovernment and with more than two hundred fifty thousand but fewer thanthree hundred fifty thousand inhabitants, any successor elected andqualified in the year 2005 shall hold office for a term of six years anduntil his or her successor is duly elected and qualified and any successorelected and qualified in the year 2006 or 2007 shall hold office for a termof five years and until his or her successor is duly elected and qualified,and thereafter, members of the board shall be elected to serve terms offour years and until their successors are duly elected and qualified.
6. Members of the board of directors in office on the date of anelection pursuant to subsection 5 of this section to elect additionalmembers to the board of directors shall serve the term to which they wereelected or appointed and until their successors are elected and qualified.
Election before decree becomes conclusive--decree to determine numberof directors--ballot form--successor directors, terms--may increasenumber of directors, exception--ballot, form--terms.
321.120. 1. The decree of incorporation shall not become final andconclusive until it has been submitted to an election of the votersresiding within the boundaries described in such decree, and until it hasbeen assented to by a majority vote of the voters of the district voting onthe question. The decree shall also provide for the holding of theelection to vote on the proposition of incorporating the district, and toselect three or five persons to act as the first board of directors, andshall fix the date for holding the election.
2. The question shall be submitted in substantially the followingform:
Shall there be incorporated a fire protection district?
â ã YES â ã NO
3. The proposition of electing the first board of directors or theelection of subsequent directors may be submitted on a separate ballot oron the same ballot which contains any other proposition of the fireprotection district. The ballot to be used for the election of a directoror directors shall be substantially in the following form:
OFFICIAL BALLOT Instruction to voters:
Place a cross (X) mark in the square opposite the name of thecandidate or candidates you favor. (Here state the number of directors tobe elected and their term of office.)
ELECTION
(Here insert name of district.) Fire Protection District. (Hereinsert date of election.)
FOR BOARD OF DIRECTORS .......... â ã ..........â ã .......... â ã
4. If a majority of the voters voting on the proposition orpropositions voted in favor of the proposition to incorporate the district,then the court shall enter its further order declaring the decree ofincorporation to be final and conclusive. In the event, however, that thecourt finds that a majority of the voters voting thereon voted against theproposition to incorporate the district, then the court shall enter itsfurther order declaring the decree of incorporation to be void and of noeffect. If the court enters an order declaring the decree of incorporationto be final and conclusive, it shall at the same time designate the firstboard of directors of the district who have been elected by the votersvoting thereon. If a board of three members is elected, the personreceiving the third highest number of votes shall hold office for a term oftwo years, the person receiving the second highest number of votes shallhold office for a term of four years, and the person receiving the highestnumber of votes shall hold office for a term of six years from the date ofthe election of the first board of directors and until their successors areduly elected and qualified. If a board of five members is elected, theperson who received the highest number of votes shall hold office for aterm of six years, the persons who received the second and third highestnumbers of votes shall hold office for terms of four years and the personswho received the fourth and fifth highest numbers of votes shall holdoffice for terms of two years and until their successors are duly electedand qualified. Thereafter, members of the board shall be elected to serveterms of six years and until their successors are duly elected andqualified, provided however, in any county with a charter form ofgovernment and with more than two hundred fifty thousand but fewer thanthree hundred fifty thousand inhabitants, any successor elected andqualified in the year 2005 shall hold office for a term of six years anduntil his or her successor is duly elected and qualified and any successorelected and qualified in the year 2006 or 2007 shall hold office for a termof five years and until his or her successor is duly elected and qualified,and thereafter, members of the board shall be elected to serve terms offour years and until their successors are duly elected and qualified. Thecourt shall at the same time enter an order of record declaring the resultof the election on the proposition, if any, to incur bonded indebtedness.
5. Notwithstanding the provisions of subsections 1 to 4 of thissection to the contrary, upon a motion by the board of directors indistricts where there are three-member boards, and upon approval by thevoters in the district, the number of directors may be increased to five,except that in any county of the first classification with a population ofmore than nine hundred thousand inhabitants such increase in the number ofdirectors shall apply only in the event of a consolidation of existingdistricts. The ballot to be used for the approval of the voters toincrease the number of members on the board of directors of the fireprotection district shall be substantially in the following form:
Shall the number of members of the board of directors of the......................... (Insert name of district) Fire ProtectionDistrict be increased to five members?
â ã YES â ã NO
If a majority of the voters voting on the proposition vote in favor of theproposition then at the next election of board members after the votersvote to increase the number of directors, the voters shall select twopersons to act in addition to the existing three directors as the board ofdirectors. The court which entered the order declaring the decree ofincorporation to be final shall designate the additional board of directorswho have been elected by the voters voting thereon as follows: the onereceiving the second highest number of votes to hold office for a term offour years, and the one receiving the highest number of votes to holdoffice for a term of six years from the date of the election of suchadditional board of directors and until their successors are duly electedand qualified. Thereafter, members of the board shall be elected to serveterms of six years and until their successors are duly elected andqualified, provided however, in any county with a charter form ofgovernment and with more than two hundred fifty thousand but fewer thanthree hundred fifty thousand inhabitants, any successor elected andqualified in the year 2005 shall hold office for a term of six years anduntil his or her successor is duly elected and qualified and any successorelected and qualified in the year 2006 or 2007 shall hold office for a termof five years and until his or her successor is duly elected and qualified,and thereafter, members of the board shall be elected to serve terms offour years and until their successors are duly elected and qualified.
6. Members of the board of directors in office on the date of anelection pursuant to subsection 5 of this section to elect additionalmembers to the board of directors shall serve the term to which they wereelected or appointed and until their successors are elected and qualified.
