§ 14-284-204 - Establishment by petition and adoption of ordinance.
               	 		
14-284-204.    Establishment by petition and adoption of ordinance.
    (a)    (1)  If  petitions containing a description of the territory for a proposed fire  protection district, along with an accurate map of the proposed  district boundaries, and containing the signatures of ten percent (10%)  or more of the qualified electors within the proposed district are filed  with the county quorum court of a county in which the proposed fire  protection district is to be located, and requesting a public hearing  and the establishment of a fire protection district in the county, then  the county quorum court or quorum courts, if the district is located in  more than one (1) county, shall conduct a public hearing to determine  the support for the proposed district.
      (2)    (A)  The  quorum court shall set the time for the hearing to be held not less  than thirty (30) days nor more than sixty (60) days after the petitions  are certified and shall set the place for the hearing to be held within  the boundaries of the proposed district.
            (B)  When  a time and place for the hearing are set, the quorum court shall  publish notice of the hearing in a newspaper of general circulation in  the county.
      (3)    (A)  Before  setting the initial hearing on the adoption of an ordinance to  establish a fire protection district, petitions filed with the county  quorum court shall be sent to the county clerk of the county where the  proposed district is to be located.
            (B)  It  shall be the duty of the county clerk or clerks, as the case may be, to  determine the sufficiency of the signatures and to certify the  sufficiency in writing to the quorum court.
            (C)  The  petitions shall indicate the elector's name, address, and signature and  shall contain a verification of the signatures pursuant to    7-9-109.
(b)    (1)  After  the petitions are certified and the initial public hearing held, the  county quorum court may adopt an ordinance to establish the district, to  levy assessments on property or the landowners, or both, and to call  for a public hearing on the ordinance.
      (2)  The  ordinance shall set the time and place for a public hearing on the  ordinance to be held within the boundaries of the proposed district.
(c)    (1)    (A)  When  an ordinance is adopted by the quorum court establishing a fire  protection district, the quorum court shall publish notice of the  adoption of the ordinance in a newspaper of general circulation in the  county.
            (B)  The notice shall  include a copy of the ordinance and shall prescribe a time and place  within the proposed district for a public hearing on the ordinance.
      (2)    (A)  A  public hearing shall be held at some large public facility within the  boundaries of the proposed district at least sixty (60) days and not  more than ninety (90) days after the date of publication of the notice.
            (B)  If  at the hearing a majority of the qualified electors in the proposed  district appear in person to oppose the establishment of the district or  if petitions opposing the establishment of the district and containing  the signatures of a majority of the qualified electors in the proposed  district are filed at or before the public hearing, the ordinance  creating the district shall be void.
            (C)    (i)  If  a majority of the qualified electors of the proposed district do not  object to the establishment of the district in person or by petition  within the time prescribed in this subsection, the ordinance shall be  valid and the district shall be established.
                  (ii)  The  board of commissioners for the district shall be appointed and serve,  and the levy of assessed benefits to support the district may be made,  in the same manner as is provided in this subchapter for fire protection  districts established pursuant to a vote of the electors.
(d)    (1)  A  fire protection district established by ordinance of the quorum court  without a vote of the electors of the district shall have no authority  to issue bonds and to pledge assessed benefits of the district to secure  bonds, unless the question of the issuance of bonds by the district is  first submitted to, and approved by, a majority of the qualified  electors of the district voting on the issue.
      (2)  The  question of the issuance of bonds by a fire protection district  established by ordinance of the quorum court may be submitted to the  electors of the district at an election called by the county court  either at the request of the board of commissioners of the district or  upon petition signed by ten percent (10%) of the electors of the  district as determined by the number of votes cast by the electors of  the district for all candidates for Governor at the last preceding  general election.