(1)
- (a) A fire district's board of trustees may vote to divide the district upon an affirmative vote of the board and upon receipt of a petition signed by the owners of 40% or more of the real property within the area proposed to be detracted from the original district and owners of property representing 40% or more of the taxable value of property in the area proposed to be detracted from the original district.
- (b) The petition must describe the boundaries of the proposed detracted area and the boundaries of the remaining area.
(2) At the time it votes to divide, the board shall adopt a division plan that contains:
- (a) a timetable for division, including the effective date, that must be after the time allowed for protests to the division;
- (b) the names of the new rural fire districts;
- (c) the boundary maps of the new districts;
- (d) the estimated financial impact of the division on an owner of a home valued at $100,000; and
- (e) a method for the fair and equitable division of the assets and liabilities of the original district among the new districts.
- (3) The board of trustees shall forward the plan to the board of county commissioners in the county where the districts are located.
- (4) Within 21 days of receipt of the plan, the board of county commissioners shall set a date for a public hearing on the division and shall give notice of the hearing as provided in 7-1-2121 or as provided in 7-1-4127 if any part of the proposed detracted area is within the limits of an incorporated city or town.
History: En. Sec. 11, Ch. 499, L. 2007.