(A) The Municipal Fire Department may be merged with the Rural Fire Protection District. The proceedings for the merger may be initiated by the presentation to the County Clerk of a petition, signed by 60% or more of the electors who are owners of any interest in real or personal property assessed for taxation in the territory to be merged and who are residing within the boundaries of such territory, stating the desires and purposes of such petitioners. The petition shall contain a description of the boundaries of the territory proposed to be merged and it shall be accompanied by a map or plat and a deposit for publication costs.
(B) (1) The County Clerk shall examine the tax schedules in the office of the County Assessor and determine and certify whether or not such petition complies with the requirements of this section and that the persons signing the petition appear to reside within the boundaries described by such petition. Thereafter, the County Clerk shall forward such petition, map or plat, and certificate to the Board of Directors of the District and the governing body affected by such merger.
(2) Within 30 days after receiving the petition, map or plat, and certificate of the County Clerk, in accordance with this section, the Board of Directors and governing body shall transmit the petition, map or plat, and certificate to the proper County Board, accompanied by a report in writing approving or disapproving the proposal contained in the petition, or approving such proposal in part and disapproving it in part.
(3) The County Clerk shall designate a time and place for a hearing before a joint meeting of the county boards of all counties in which the proposed district is to be situated and shall give notice of such hearing by publication two weeks in a newspaper of general circulation within the county, the last publication appearing at least seven days prior to said hearing. At the time and place so fixed, the county board or boards shall meet and said hearing shall be held respecting the merger or location of the boundaries of the district. Thereupon, the county board shall determine the boundaries of the proposed District, whether as suggested in the petition or otherwise, and make a written order of such determination which shall describe the boundaries of the District and be filed in the office of the County Clerk.
(4) If the report of the Board of Directors and the governing body require under this section disapproves the proposal, the petition shall be rejected. If the report is favorable to such proposal, either in whole or in part, the County Board shall promptly designate a time and place for a hearing upon the petition and shall give notice of the hearing by publication two weeks in a newspaper of general circulation within the county, the last publication appearing at least seven days prior to said hearing.
(5) The County Board shall, at or shortly after the hearing, determine whether such territory shall be merged and shall fix the boundaries of the territory to be merged. The determination of the County Board shall be set forth in a written order which shall describe the boundaries determined upon and shall be filed in the office of the County Clerk. The County Clerk shall then fix a time and place for a public meeting of all electors who are owners of any interest in real or personal property assessed for taxation in the District who are residing within the boundaries. A Board of Directors shall be elected consisting of five residents of the District.
(6) Such merged District shall operate under the same mill levy limit as the Rural Fire Protection District.
(1976 Code, § 7-208) (Ord. 580, passed 9-21-1978)
Statutory reference:
Related provisions, see Neb. RS 35-504, 35-506, 35-508, 35-509, 35-511, 35-530 through 35-536