Consolidation of districts, procedure--may also provide ambulanceservice--election, ballot form.
321.460. 1. Two or more fire protection districts mayconsolidate with each other in the manner hereinafter provided,and only if the districts have one or more common boundaries, inwhole or in part, as to any respective two of the districts whichare so consolidating.
2. By a majority vote of each board of directors of eachfire protection district included within the proposedconsolidation, a consolidation plan may be adopted. Theconsolidation plan shall include the name of the proposedconsolidated district, the legal description of the boundaries ofeach district to be consolidated, and a legal description of theboundaries of the consolidated district, the amount ofoutstanding bonds, if any, of each district proposed to beconsolidated, 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 forproposed consolidation shall duly certify and file in the officeof the clerk of the circuit court of the county in which thedistrict is located a copy of the plan of consolidation, bearingthe signatures of those directors who vote in favor thereof,together with a petition for consolidation. The petition may bemade jointly by all of the districts within the respective planof consolidation. A filing fee of fifty dollars shall bedeposited with the clerk, on the filing of the petition, againstthe costs of court.
4. The circuit court sitting in and for any county to whichthe petition is presented is hereby vested with jurisdiction,power and authority to hear the same, and to approve theconsolidation and order such districts consolidated, afterholding an election, as hereinafter provided.
5. If the circuit court finds the plan for consolidation tohave been duly approved by the respective boards of directors ofthe fire protection districts proposed to be consolidated, thenthe circuit court shall enter its order of record, directing thesubmission of the question.
6. The order shall direct publication of notice of election,and shall fix the date thereof. The order shall direct that theelections shall be held to vote on the proposition ofconsolidating the districts and to elect three persons, havingthe qualifications declared in section 321.130 and being amongthe then directors of the districts proposed to be consolidated,to become directors of the consolidated district.
7. The question shall be submitted in substantially thefollowing form:
Shall the ..... Fire Protection Districts and the ..... FireProtection District be consolidated into one fire protectiondistrict to be known as the ..... Fire Protection District, withtax levies not in excess of the following amounts: maintenancefund ..... cents per one hundred dollars assessed valuation;ambulance service ..... cents per one hundred dollars assessedvaluation; pension fund ..... cents per one hundred dollarsassessed valuation; and dispatching fund ..... cents per onehundred dollars assessed valuation?
8. If, upon the canvass and declaration, it is found anddetermined that a majority of the voters of the districts votingon the proposition or propositions have voted in favor of theproposition to incorporate the consolidated district, then thecourt shall then further, in its order, designate the first boardof directors of the consolidated district, who have been electedby the voters voting thereon, the one receiving the third highestnumber of votes to hold office until the first Tuesday in Aprilwhich is more than one year after the date of election, the onereceiving the second highest number of votes to hold office untiltwo years after the first Tuesday aforesaid, and the onereceiving the highest number of votes until four years after thefirst Tuesday in April as aforesaid. If any other propositionsare also submitted at the election, the court, in its order,shall also declare the results of the votes thereon. If thecourt shall find and determine, upon the canvass and declaration,that a majority of the voters of the consolidated district havenot voted in favor of the proposition to incorporate theconsolidated district, then the court shall enter its orderdeclaring the proceedings void and of no effect, and shalldismiss the same at the cost of petitioners.
(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.)
Consolidation of districts, procedure--may also provide ambulanceservice--election, ballot form.
321.460. 1. Two or more fire protection districts mayconsolidate with each other in the manner hereinafter provided,and only if the districts have one or more common boundaries, inwhole or in part, as to any respective two of the districts whichare so consolidating.
2. By a majority vote of each board of directors of eachfire protection district included within the proposedconsolidation, a consolidation plan may be adopted. Theconsolidation plan shall include the name of the proposedconsolidated district, the legal description of the boundaries ofeach district to be consolidated, and a legal description of theboundaries of the consolidated district, the amount ofoutstanding bonds, if any, of each district proposed to beconsolidated, 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 forproposed consolidation shall duly certify and file in the officeof the clerk of the circuit court of the county in which thedistrict is located a copy of the plan of consolidation, bearingthe signatures of those directors who vote in favor thereof,together with a petition for consolidation. The petition may bemade jointly by all of the districts within the respective planof consolidation. A filing fee of fifty dollars shall bedeposited with the clerk, on the filing of the petition, againstthe costs of court.
4. The circuit court sitting in and for any county to whichthe petition is presented is hereby vested with jurisdiction,power and authority to hear the same, and to approve theconsolidation and order such districts consolidated, afterholding an election, as hereinafter provided.
5. If the circuit court finds the plan for consolidation tohave been duly approved by the respective boards of directors ofthe fire protection districts proposed to be consolidated, thenthe circuit court shall enter its order of record, directing thesubmission of the question.
6. The order shall direct publication of notice of election,and shall fix the date thereof. The order shall direct that theelections shall be held to vote on the proposition ofconsolidating the districts and to elect three persons, havingthe qualifications declared in section 321.130 and being amongthe then directors of the districts proposed to be consolidated,to become directors of the consolidated district.
7. The question shall be submitted in substantially thefollowing form:
Shall the ..... Fire Protection Districts and the ..... FireProtection District be consolidated into one fire protectiondistrict to be known as the ..... Fire Protection District, withtax levies not in excess of the following amounts: maintenancefund ..... cents per one hundred dollars assessed valuation;ambulance service ..... cents per one hundred dollars assessedvaluation; pension fund ..... cents per one hundred dollarsassessed valuation; and dispatching fund ..... cents per onehundred dollars assessed valuation?
8. If, upon the canvass and declaration, it is found anddetermined that a majority of the voters of the districts votingon the proposition or propositions have voted in favor of theproposition to incorporate the consolidated district, then thecourt shall then further, in its order, designate the first boardof directors of the consolidated district, who have been electedby the voters voting thereon, the one receiving the third highestnumber of votes to hold office until the first Tuesday in Aprilwhich is more than one year after the date of election, the onereceiving the second highest number of votes to hold office untiltwo years after the first Tuesday aforesaid, and the onereceiving the highest number of votes until four years after thefirst Tuesday in April as aforesaid. If any other propositionsare also submitted at the election, the court, in its order,shall also declare the results of the votes thereon. If thecourt shall find and determine, upon the canvass and declaration,that a majority of the voters of the consolidated district havenot voted in favor of the proposition to incorporate theconsolidated district, then the court shall enter its orderdeclaring the proceedings void and of no effect, and shalldismiss the same at the cost of petitioners.
(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.)
Consolidation of districts, procedure--may also provide ambulanceservice--election, ballot form.
321.460. 1. Two or more fire protection districts mayconsolidate with each other in the manner hereinafter provided,and only if the districts have one or more common boundaries, inwhole or in part, as to any respective two of the districts whichare so consolidating.
2. By a majority vote of each board of directors of eachfire protection district included within the proposedconsolidation, a consolidation plan may be adopted. Theconsolidation plan shall include the name of the proposedconsolidated district, the legal description of the boundaries ofeach district to be consolidated, and a legal description of theboundaries of the consolidated district, the amount ofoutstanding bonds, if any, of each district proposed to beconsolidated, 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 forproposed consolidation shall duly certify and file in the officeof the clerk of the circuit court of the county in which thedistrict is located a copy of the plan of consolidation, bearingthe signatures of those directors who vote in favor thereof,together with a petition for consolidation. The petition may bemade jointly by all of the districts within the respective planof consolidation. A filing fee of fifty dollars shall bedeposited with the clerk, on the filing of the petition, againstthe costs of court.
4. The circuit court sitting in and for any county to whichthe petition is presented is hereby vested with jurisdiction,power and authority to hear the same, and to approve theconsolidation and order such districts consolidated, afterholding an election, as hereinafter provided.
5. If the circuit court finds the plan for consolidation tohave been duly approved by the respective boards of directors ofthe fire protection districts proposed to be consolidated, thenthe circuit court shall enter its order of record, directing thesubmission of the question.
6. The order shall direct publication of notice of election,and shall fix the date thereof. The order shall direct that theelections shall be held to vote on the proposition ofconsolidating the districts and to elect three persons, havingthe qualifications declared in section 321.130 and being amongthe then directors of the districts proposed to be consolidated,to become directors of the consolidated district.
7. The question shall be submitted in substantially thefollowing form:
Shall the ..... Fire Protection Districts and the ..... FireProtection District be consolidated into one fire protectiondistrict to be known as the ..... Fire Protection District, withtax levies not in excess of the following amounts: maintenancefund ..... cents per one hundred dollars assessed valuation;ambulance service ..... cents per one hundred dollars assessedvaluation; pension fund ..... cents per one hundred dollarsassessed valuation; and dispatching fund ..... cents per onehundred dollars assessed valuation?
8. If, upon the canvass and declaration, it is found anddetermined that a majority of the voters of the districts votingon the proposition or propositions have voted in favor of theproposition to incorporate the consolidated district, then thecourt shall then further, in its order, designate the first boardof directors of the consolidated district, who have been electedby the voters voting thereon, the one receiving the third highestnumber of votes to hold office until the first Tuesday in Aprilwhich is more than one year after the date of election, the onereceiving the second highest number of votes to hold office untiltwo years after the first Tuesday aforesaid, and the onereceiving the highest number of votes until four years after thefirst Tuesday in April as aforesaid. If any other propositionsare also submitted at the election, the court, in its order,shall also declare the results of the votes thereon. If thecourt shall find and determine, upon the canvass and declaration,that a majority of the voters of the consolidated district havenot voted in favor of the proposition to incorporate theconsolidated district, then the court shall enter its orderdeclaring the proceedings void and of no effect, and shalldismiss the same at the cost of petitioners.
(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.)
