321.688. Consolidation of districts--ballot language--effect of. - Missouri Statutes

Consolidation of districts--ballot language--effect of.

321.688. 1. The board of directors of any fire protection districtslocated wholly within any county of the first classification mayconsolidate with each other upon the passage of a joint resolution by eachboard desiring to consolidate. The joint resolution shall not becomeeffective unless each board submits to the voters residing within the fireprotection districts at a state general, primary, or special election aproposal to authorize the consolidation under this section.

2. The ballot of submission for the consolidation authorized in thissection shall be in substantially the following form:

Shall ...... (insert the name of the fire protection districts) beconsolidated into one fire protection district, to be known as the.......... (insert name of proposed consolidated fire protection district)?

â ã YES â ã NO

If you are in favor of the question, place an "X" in the box opposite"YES". If you are opposed to the question, place an "X" in the boxopposite "NO".

If a majority of the votes cast on the question by the qualified votersvoting thereon in each existing fire protection district are in favor ofthe question, then the consolidation shall become effective on Januaryfirst of the year immediately following the approval of the consolidation,unless the consolidation is approved at a November election, in which casethe consolidation shall become effective on January first of the secondyear following the approval of the consolidation.

3. The board of directors of any consolidated fire protectiondistrict created under this section shall consist of the existing boardmembers of the fire protection districts that were consolidated. Upon theoccurrence of a vacancy in the membership of the board, the number ofmembers on the board may be reduced upon approval by a majority of theremaining board members, but the number of seats shall not be reduced tofewer than five. The terms of office for board members shall be identicalto the terms of office the board members were originally elected to servebefore the consolidation.

4. Upon the approval of consolidation under this section, theconsolidated district shall be a political subdivision of this state and abody corporate, with all the powers of like or similar corporations, andwith all the powers, privileges, and duties of fire protection districtsunder this chapter. All properties, rights, assets, and liabilities of thefire protection districts which are consolidated, including outstandingbonds thereof if any, shall become the properties, rights, assets, andliabilities of the consolidated fire protection district.

5. The consolidated fire protection district shall levy the sametaxes as levied in the fire protection district with the lowest tax levybefore the consolidation unless a tax levy is specifically set forth in theballot language approved by the voters of the consolidating districts,except that the tax levy of the consolidated district shall not exceed thehighest tax levy of the consolidating districts.

(L. 2007 S.B. 22)