§ 14-284-124 — Consolidation - Conditions and procedures

(a) (1) Fire protection districts organized under this subchapter may consolidate if: (A) The districts are geographically contiguous; (B) Located in the same county; and (C) No parcel of land in the new district will be more than three (3) miles from an existing fire station. (2) (A) Consolidation of fire protection districts may be initiated upon the adoption of a resolution for consolidation by the board of directors of each district. (B) (i) Upon adopting a resolution, each fire protection district shall hold a public hearing to be held in the district no sooner than twenty (20) days and no later than forty-five (45) days following the adoption of the resolution. (ii) (a) Each district shall publish notice of its hearing in a newspaper of general circulation in the district once a week for two (2) consecutive weeks. (b) The notice shall include the date, time, place, and purpose of the hearing. (C) (i) Following the hearing, the commissioners of the district shall vote on a resolution finding that consolidation of the districts is in the best interest of the landowners of the district. (ii) If the resolution is adopted by the board of commissioners, a copy of the resolution shall be sent to the county court in the county where the district is located. (D) (i) Upon receiving a resolution from each district to be consolidated, the county court shall order the districts consolidated and shall name five (5) commissioners of the new district. (ii) The new commissioners shall be appointed pursuant to § 14-284-105 . (b) (1) In cities of the first class that have two (2) or more full-time volunteer fire protection districts, the governing body of the city may refer to the voters in the fire protection districts the option to consolidate the districts. (2) If a majority of the voters in each district vote in favor of consolidation, the districts shall consolidate as set forth in subsections (c)-(e) of this section. (c) (1) (A) Any fire protection district which is formed by the consolidation of two (2) or more fire protection districts shall consolidate all assets held by it arising from any of the districts and shall also assume all liabilities of the districts. (B) The assets may be used by the district for any purpose allowed by law, and the liabilities of the district may be paid with funds arising from any source. (2) All the provisions, rights, securities, pledges, covenants, and limitations contained in the instrument creating a liability shall not be affected by the consolidation, but shall apply with the same force and effect as provided in the original creation of liability. (d) (1) The existing assessments of each district consolidated into the new district shall remain in force until the end of the year in which the districts are consolidated. (2) The commissioners shall order the assessors to reassess the annual benefits of the new district for the following year. (e) (1) A consolidated fire protection district shall not have notes outstanding at any one (1) time in excess of one hundred thousand dollars ($100,000). (2) The limitation of the excess outstanding note balance under subdivision (e)(1) of this section shall not apply to a consolidation of fire protection districts in a city of the first class that has two (2) or more full-time volunteer fire protection districts that have received funding from the city.

Legislative History

Acts 1995, No. 286, § 1; 2003, No. 1168, § 2; 2005, No. 438, § 1.