14-284-224. Petition to annex territory to an existing district — Special election.

14-284-224. Petition to annex territory to an existing district — Special election. (a)(1)(A) When petitions are filed with the board of commissioners of a fire protection district created pursuant to this subchapter containing the signatures of at least ten percent (10%) of qualified electors of a portion of the unincorporated area of the county, as determined by the number of votes cast by the qualified electors of that portion of the county for all candidates for Governor at the last preceding general election, requesting the annexation of the territory to an existing fire protection district created under this subchapter and requesting that assessed benefits be made on the property located within the area to be annexed to help finance the operation of the district, the board of commissioners shall conduct a public hearing on the petition. (B) If the board determines the annexation to be desirable, the board shall notify the quorum court, and the quorum court may at its discretion call a special election within the area of the existing fire protection district and the area proposed to be annexed to determine whether the annexation should occur. (2) No annexation shall occur except pursuant to an election under subsection (b) of this section or by ordinance under subsection (d) of this section. (b)(1) The special election called by the quorum court to submit the question of the annexation and financing of the fire protection district to the electors of the district and the area to be annexed shall be held no later than ninety (90) days after the proclamation of a special election in accordance with § 7-11-201 et seq. (2) At the election, the question of annexing the area to the district and the financing of the district shall be placed on the ballot in substantially the following form: “FOR the annexation of (description of area to be annexed), and the levy of assessed benefits on real property within the area to be annexed to help finance the district ♦ AGAINST the annexation of (description of area to be annexed), and the levy of assessed benefits on real property within the area to be annexed to help finance the district ♦” (c) If a majority of those voting at the election who reside within the area to be annexed and a majority of those voting at the election who reside within the existing district vote in favor of the annexation, the area shall be deemed annexed and shall become a part of the fire protection district and governed accordingly. (d)(1) As an alternative to an election on the annexation issue, if the board of commissioners of a fire protection district is in favor of the annexation, the board may refer the petitions to the county quorum court that may then accomplish the annexation by enactment of a county ordinance providing for the annexation. (2)(A)(i) However, the ordinance shall not go into effect until sixty (60) days after its enactment. (ii) During that time, if petitions calling for a referendum on the ordinance are presented to the quorum court and the petitions are signed by the number prescribed in subsection (a) of this section, the quorum court shall call a special election in accordance with § 7-11-201 et seq. on the issue of the annexation. (B) The election shall be conducted as prescribed in subsection (b) of this section. (C) Unless at least a majority of those voting at the election who reside within the area to be annexed and a majority of those voting at the election who reside within the existing district vote in favor of the annexation, the annexation shall not occur. (3) If the petitions are filed within sixty (60) days after enacting the ordinance, the ordinance shall not go into effect until and unless the annexation is approved at the election provided for in this section. (e) An attempt at annexation under this section, whether successful or not, shall in no way reduce the bonding authority of the fire protection district, nor shall the failure of the attempt at annexation have any effect on the existing fire protection district. (f) No area shall be annexed under this section if it is located within the service area of another fire protection district or a nonprofit fire protection corporation.