Effective - 07 Jul 1997
321.300. Boundaries of districts may be changed, procedure, certain counties — additional training not required, when. — 1. The boundaries of any district organized pursuant to the provisions of this chapter may be changed in the manner prescribed in this section; but any change of boundaries of the district shall not impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever; nor shall it affect or impair or discharge any contract, obligation, lien or charge for or upon which it might be liable or chargeable had any change of boundaries not been made.
2. The boundaries may be changed as follows:
(1) Twenty-five percent of the number of voters who voted in the most recent gubernatorial election in the area to be annexed may file with the board a petition in writing praying that such real property be included within the district; provided that in the case of a municipality having less than twenty percent of its total population in one fire protection district, the entire remaining portion may be included in another district so that none of the city is outside of a fire protection district at the time. The petition shall describe the property to be included in the district and shall describe the property owned by the petitioners and shall be deemed to give assent of the petitioners to the inclusion in the district of the property described in the petition; and such petition shall be in substantially the form set forth in section 321.495 dealing with referendums and verified in like manner; provided, however, that in the event that there are more than twenty-five property owners or taxpaying electors signing the petition, it shall be deemed sufficient description of their property in the petition as required in this section to list the addresses of such property; or
(2) All of the owners of any territory or tract of land near or adjacent to a fire protection district who own all of the real estate in such territory or tract of land may file a petition with the board praying that such real property be included in the district. The petition shall describe the property owned by the petitioners and shall be deemed to give assent of the petitioners to the inclusion in the district of the property described in the petition;
(3) Notwithstanding any provision of law to the contrary, in any fire protection district which is partly or wholly located in a noncharter county of the first classification with a population of less than one hundred thousand which adjoins any county of the first classification with a charter form of government with a population of nine hundred thousand or more inhabitants, if such fire protection district serves any portion of a city which is located in both such counties, the boundaries of the district may be expanded so as to include the entire city within the fire protection district, but the boundaries of the district shall not be expanded beyond the city limits of such city, as the boundaries of such city existed on January 1, 1993. Such change in the boundaries of the district shall be accomplished only if twenty-five percent of the number of voters who voted in the most recent gubernatorial election in the area to be annexed file with the board a petition in writing praying that such real property be included within the district. The petition shall describe the property to be included in the district and shall describe the property owned by the petitioners and shall be deemed to give assent of the petitioners to the inclusion in the district of the property described in the petition; and such petition shall be in substantially the form set forth in section 321.495 dealing with referendums and verified in like manner.
3. The secretary of the board shall cause notice of the filing of any petition filed pursuant to this section to be given and published in the county in which the property is located, which notice shall recite the filing of such petition, the number of petitioners, a general description of the boundaries of the area proposed to be included and the prayer of the petitioners; giving notice to all persons interested to appear at the office of the board at the time named in the notice and show cause in writing, if any they have, why the petition should not be granted. The board shall at the time and place mentioned, or at such time or times to which the hearing may be adjourned, proceed to hear the petition and all objections thereto presented in writing by any person showing cause why the petition should not be granted. The failure of any person interested to show cause in writing why such petition shall not be granted shall be deemed as an assent on his part to the inclusion of such lands in the district as prayed for in the petition.
4. If the board deems it for the best interest of the district, it shall grant the petition, but if the board determines that some portion of the property mentioned in the petition cannot as a practical matter be served by the district, or if it deems it for the best interest of the district that some portion of the property in the petition not be included in the district, then the board shall grant the petition in part only. If the petition is granted, the board shall make an order to that effect and file the same with the circuit clerk; and upon the order of the court having jurisdiction over the district, the property shall be included in the district. If the petition contains the signatures of all the owners of the property pursuant to the provisions of subdivision (2) of subsection 2 of this section, the property shall be included in the district upon the order of the court. If the petition contains the signatures of twenty-five percent of the number of voters who voted in the most recent gubernatorial election in the area to be annexed pursuant to subdivision (1) or subdivision (3) of subsection 2 of this section, the property shall be included in the district subject to the election provided in section 321.301. The circuit court having jurisdiction over the district shall proceed to make any such order including such additional property within the district as is provided in the order of the board, unless the court shall find that such order of the board was not authorized by law or that such order of the board was not supported by competent and substantial evidence.
5. Any person aggrieved by any decision of the board made pursuant to the provisions of this section may appeal that decision to the circuit court of the county in which the property is located within thirty days of the decision by the board.
6. No fire protection district, or employee thereof, in which territory is annexed pursuant to this section shall be required to comply with any prescribed firefighter training program or regimen which would not otherwise apply to the district or its employees, but for the requirements applicable to the annexed territory.
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(L. 1947 V. I p. 432 § 31, A.L. 1953 p. 664, A.L. 1969 H.B. 322, A.L. 1982 H.B. 1096, A.L. 1990 S.B. 862, A.L. 1993 S.B. 256, A.L. 1997 S.B. 21)
Effective 7-07-97
(2000) Section does not expressly or impliedly repeal common law doctrine of prior jurisdiction. Tipton Rural Fire Protection District v. Objectors, 34 S.W.3d 404 (Mo.App.W.D.).
Structure Missouri Revised Statutes
Title XXI - Public Safety and Morals
Chapter 321 - Fire Protection Districts
Section 321.010 - Definitions — election procedure.
Section 321.020 - Circuit court may establish districts.
Section 321.030 - Petition required for organization of fire district — who to sign.
Section 321.040 - Contents of petition.
Section 321.050 - Amendment of petition — similar petitions or duplicates.
Section 321.070 - Publication of notice of hearing — fixing time and place.
Section 321.080 - Jurisdiction of proceedings — judge owning property not disqualified.
Section 321.090 - Protesting petition may be filed — who to sign — contents.
Section 321.100 - Hearing — adjudication — corporate powers.
Section 321.110 - Dismissal of proceedings — costs — review.
Section 321.130 - Directors, qualifications — candidate filing fee, oath.
Section 321.150 - Filing of copies of findings and decrees incorporating district.
Section 321.160 - Board members to file oaths of office — surety bonds.
Section 321.162 - Educational training required for board of directors.
Section 321.170 - Board to select officers — seal — records.
Section 321.180 - Treasurer's duties — file bond — make annual financial statement.
Section 321.210 - Election and terms of directors — filing fee.
Section 321.220 - Powers of board — employee benefits plan.
Section 321.221 - Municipality purchasing fire protection, annual payments, how computed.
Section 321.230 - Power to levy and collect ad valorem taxes.
Section 321.240 - Tax levy, election, when — form of ballot.
Section 321.241 - Additional tax levy, when — form of ballot.
Section 321.244 - Reduced tax levy may be increased to maximum limits, by elections, ballot form.
Section 321.245 - Personnel and equipment required for dispatching center.
Section 321.250 - Board to certify rate of levy to county commission.
Section 321.260 - Matters considered when certifying annual levies — additional levies.
Section 321.270 - Duty to levy and collect taxes — delinquent taxes constitute a lien.
Section 321.280 - Property may be sold for nonpayment of taxes.
Section 321.290 - Reserve fund, taxes for.
Section 321.302 - Recording of boundary extension, duties — fees.
Section 321.310 - Exclusion of property from district on petition of property owners.
Section 321.320 - Property in city of 40,000 inhabitants not wholly within district, to be excluded.
Section 321.330 - Property not to be subject to taxes, when.
Section 321.340 - Bonds of district.
Section 321.350 - Election to vote on issuing bonds or creating indebtedness.
Section 321.360 - Form of ballot.
Section 321.370 - Results of election to be announced.
Section 321.380 - Percentage necessary to create indebtedness — subsequent submission.
Section 321.390 - Petition for dissolution of district — submission of question.
Section 321.400 - Circuit court may call for an election to determine dissolution of district.
Section 321.410 - Effect of dissolution — appointment of trustee.
Section 321.430 - Prior obligations remain valid.
Section 321.440 - When notice not given as required, procedure of court.
Section 321.450 - Cases arising under this chapter to be advanced on docket — courts always open.
Section 321.465 - Consolidated district, status — transfer of assets and liabilities.
Section 321.470 - Recording of order of consolidation — fee (constitutional charter counties).
Section 321.490 - Initiative and referendum authorized.
Section 321.495 - Form of petition.
Section 321.506 - Fire district may contract with private provider — ballot.
Section 321.556 - Repeal of sales tax, procedure, exceptions — ballot language.
Section 321.688 - Consolidation of districts — ballot language — effect of.
Section 321.700 - Dissolution of district, funds distributed to city, when.
Section 321.701 - Members of board subject to recall — exceptions.
Section 321.707 - Petition for recall, content.
Section 321.709 - Affidavit to be attached to each section of the petition — content.
Section 321.716 - Laws governing recall election, costs, how paid.