REFORMATION OF A FD TO A NONCONTIGUOUS CIFD.DOCX

48-851. Noncontiguous county island fire district; formation; alternate formation;
definition
A. A noncontiguous county island fire district is formed by the following procedures:
1. One or more persons who wish to petition for a noncontiguous county island fire
district shall request and the county assessor shall provide a map and a detailed list of
all property parcels that includes the assessed values of all of the county island areas
that are contained within the municipal planning area of a city.
2. Within sixty days after receiving a map from the county assessor, the person shall
submit a revised map that indicates those county island areas that are proposed to be
included in the noncontiguous county island fire district and shall submit a district impact
statement that shall contain at least the following:
(a) A general description of the boundaries of the proposed district, a map of the area to
be included in the district and a list of the parcels to be included in the district by
assessor parcel number.
(b) An estimate of the assessed valuation within the proposed district.
(c) An estimate of the change in the property tax liability, as a result of the proposed
district, of a typical resident of the proposed district.
(d) A list and explanation of benefits that will result from the proposed district.
(e) A list and explanation of the injuries that will result from the proposed district.
(f) The names, addresses and occupations of the three proposed members of the
district's organizing board of directors.
(g) A description of the scope of services to be provided by the district during its first five
years of operation.
3. On receipt of the revised map and the impact statement, the board of supervisors
shall set a day for a hearing on the proposed district formation not more than sixty days
from the date the map and impact statement are received.
4. The clerk of the board of supervisors shall mail, by first class mail, written notice of
the day, hour and place of the hearing on the proposed district to each owner of taxable
property within the boundaries of the proposed district. The written notice shall state the
purpose of the hearing and shall state where a copy of the impact statement may be
viewed or requested. The clerk of the board of supervisors shall post the notice in at
least three conspicuous public places in the area of the proposed district and shall
publish twice in a daily newspaper of general circulation in the area of the proposed

district, at least ten days before the hearing, or, if no daily newspaper of general
circulation exists in the area of the proposed district, at least twice at any time before
the date of the hearing, a notice stating the purpose of the proposed district formation,
the description of the area of the proposed district and the day, hour and place of the
hearing.
5. At the hearing called pursuant to paragraph 3 of this subsection, the board of
supervisors shall hear those who appear for and against the proposed district and shall
determine whether the creation of the district will promote public health, comfort,
convenience, necessity or welfare. If the board of supervisors determines that the public
health, comfort, convenience, necessity or welfare will be promoted, it shall authorize
the persons proposing the district to circulate petitions as provided in this
subsection. The order of the board of supervisors is final, but if the request to circulate
petitions is denied, a subsequent request for a similar district may be refiled with the
board of supervisors after six months from the date of the denial.
6. Within fifteen days after receiving the approval of the board of supervisors as
prescribed by paragraph 5 of this subsection, the clerk of the board shall:
(a) Determine the minimum number of signatures required for compliance with
paragraph 8, subdivision (b) of this subsection. After making that determination, that
number of signatures shall remain fixed.
(b) Certify whether the petition form to be used is valid and in compliance with section
48-266.
7. After receiving the approval of the board of supervisors as provided in paragraph 5 of
this subsection, any adult person may circulate and present petitions to the board of
supervisors of the county in which the district is located. All petitions circulated shall be
returned to the board of supervisors within one year from the date of the approval of the
board of supervisors pursuant to paragraph 5 of this subsection. Any petition that is
returned more than one year from that date is void.
8. The petitions presented pursuant to paragraph 7 of this subsection shall comply with
the provisions regarding verification in section 48-266 and shall:
(a) At all times, contain a general description of the boundaries of the proposed district,
the assessor's map of the proposed district and the names, addresses and occupations
of the proposed members of the district's organizing board of directors. No alteration of
the proposed district shall be made after receiving the approval of the board of
supervisors as provided in paragraph 5 of this subsection.
(b) Be signed by more than one-half of the aggregate number of property owners in the
county island areas contained in the proposed district.

9. On receipt of the petitions, the board of supervisors shall set a day, not more than
thirty days from that date, for a hearing on the petition.
10. Before the hearing called pursuant to paragraph 9 of this subsection, the board of
supervisors shall determine the validity of the petition signatures presented. At the
hearing called pursuant to paragraph 9 of this subsection, the board of supervisors, if
the petitions are valid, shall order the formation of the district. The board of supervisors
shall enter its order stating its determination in the minutes of the meeting, not later than
ten days from the day of the hearing, and a copy of the order shall be filed in the county
recorder's office. The order of the board of supervisors is final, and the proposed district
is formed thirty days after the board of supervisors votes to form the district. A decision
of the board of supervisors under this subsection is subject to judicial review under title
12, chapter 7, article 6.
B. For the purpose of determining the validity of the petitions presented pursuant to
subsection A, paragraph 7 of this section, property held in multiple ownership shall be
treated as if it had only one property owner, so that the signature of only one of the
owners of property held in multiple ownership is required on the formation petition.
C. If a district is formed pursuant to this section, the cost of publication of the notice of
hearing and the mailing of notices to electors and property owners and all other costs
incurred by the county as a result of this section shall be a charge against the district.
D. A district organized pursuant to this section shall have an organizing board of
directors to administer the affairs of the district until a duly constituted board of directors
is elected as provided in this title. The organizing board has all the powers, duties and
responsibilities of an elected board. The organizing board shall consist of the three
individuals named in the petitions presented pursuant to subsection A of this section. If
a vacancy occurs on the organizing board, the remaining board members shall fill the
vacancy by appointing an interim member. Members of the organizing board shall
serve without compensation but may be reimbursed for actual expenses incurred in
performing their duties. The organizing board shall elect from its members a
chairperson and a clerk. For any challenge to the formation of the district, the district
board is a proper party to the challenge and any petition circulators are not proper
parties.
Alternate form of NCCIFD establishment starts here.
E. Notwithstanding subsections A, B, C and D of this section, an alternate form of a
noncontiguous county island fire district may be established if a fire district organized
pursuant to section 48-261 that is surrounded by incorporated areas in a county and
that contracts for fire protection services from an adjacent municipality receives
approval from the county board of supervisors to re-form as a noncontiguous county
island fire district that operates pursuant to this article as follows:

1. The fire district board of directors sets a date for a hearing on the issue of district re-
formation pursuant to this article. The hearing shall be held not less than thirty days or
more than sixty days after the board of directors mails notice of the date of the hearing.
FIRST: Fire District Board sets a date for the hearing. Date of FD Board meeting
where the hearing date is established: _________________.
SECOND: Date of the Hearing (must be at least 30 days after mailing the notice of
hearing, but not more than 60 days from the date of mailing the notices.)
______________________________(date of hearing)
2. The notice of hearing shall be mailed by first class mail to each owner of taxable
property within the district and shall include the date, time and place of the hearing
and a brief description of the proposed re-formation of the district.
THIRD: Notice of hearing must be sent via 1st class mail to each owner of taxable
property in the district. Notice has date, time, place of hearing and description of the
action to be taken (proposed re-formation of the district.
___________________________________(date of mailing the notices)
3. At the hearing, the district board shall hear those who appear for and against the
proposed re-formation of the district and shall determine whether the re-formation of the
district will promote the public health, comfort, convenience, necessity or welfare. If the
district board determines the public health, comfort, convenience, necessity or welfare
will be promoted, the district board shall approve the proposed re-formation of the
district under this article and shall notify the county board of supervisors.
FORTH: Minutes from the District Board of the meeting and the final vote of the FD
Board. Send a letter to the BOS.
4. On receipt of notice from the district board and after providing any information that
the county board of supervisors deems relevant or necessary, the county board of
supervisors shall determine whether the fire district may re-form as a noncontiguous
county island fire district. The decision of the county board of supervisors is final.
FIFTH: The request from the Fire Board of Directors goes on the BOS agenda for a
determination of whether the fire district may re-form as a noncontiguous county island
fire district.

5. If the county board of supervisors approves the re-formation of the district, that re-
formation is effective and the fire district is re-formed as a noncontiguous county island
fire district sixty days after the date of approval.
SIXTH: If approved by the BOS, the re-formation is effective 60 days after the date of
approval.
6. The re-formed noncontiguous county island fire district retains all existing board
members and their terms of office, its taxing authority and fund balances and its
contracts, assets and liabilities. The re-formed noncontiguous county island fire district
does not constitute a new or separate legal entity but is deemed a continuation of the
previous legal entity.
7. On completion of the re-formation of the fire district, the county board of supervisors
may assign the territory of the fire district to a municipal planning area solely for the
purpose of contracting for fire protection services.
F. For the purposes of this article, "noncontiguous county island fire district" means a
district that is formed pursuant to this section and for which either:
1. All of the following apply:
(a) The district consists of only noncontiguous county islands in a geographic boundary
area that is contained in a municipal planning area and is within the boundaries of an
automatic aid or mutual aid consortium.
(b) Fire protection services are not funded pursuant to section 48-807 at the time of the
district's formation.
(c) There is only one fire district within the geographic area of the municipal planning
area for any one city or town.
2. The district is re-formed as a noncontiguous county island fire district as prescribed
by subsection E of this section.