North Dakota § 18-10-11 - Territory to be annexed

§ 18-10-11. Territory to be annexed

1. Any territory which is adjacent to the boundary of an existing rural fire protection district may be annexed to such district in the manner hereinafter provided. 2. The proceedings for the annexation, referred to in subsection 1, may be initiated by the presentation to the auditor of a petition signed by sixty percent or more of the qualified electors who are owners of any interest in real or personal property assessed for taxation in the territory to be annexed and who are residing within the boundaries of such territory stating the desires and purposes of such petitioners. The petition must contain a description of the boundaries of the territory proposed to be annexed. It must be accompanied by a map or plat and a deposit for publication costs. 3. The county auditor shall consult the tax schedules in the office of the county auditor and determine and certify whether or not such petition complies with the requirements of subsection 2 and that the qualified electors signing the same appear to reside within the boundaries described by such petition. Thereafter, the county auditor shall forward such petition, map or plat, and certificate to the board of directors of the district concerned. 4. Within thirty days after receiving the petition, map or plat, and certificate of the county auditor, in accordance with subsection 3, from the county auditor, such board of directors shall transmit the same to the proper county board, accompanied by a report in writing approving or disapproving the proposal contained in said petition, or approving such proposal in part and disapproving it in part. 5. If the report of the board of directors, referred to in subsection 4, disapproves the proposal, the petition must be rejected. If the report is favorable to such proposal, either in whole or in part, the board of county commissioners shall promptly designate a time and place for a hearing upon the petition and shall give notice thereof in the manner prescribed by section 18-10-02. At such hearing, any person owning taxable property or residing within the boundaries of the existing district or the territory to be annexed shall have the opportunity to be heard respecting the proposed annexation. 6. The board of county commissioners shall, at or shortly after the hearing referred to in subsection 5, determine whether such territory should be annexed to the existing district and shall fix the boundaries of the territory to be annexed. The determination of the board of county commissioners must be set forth in a written order which must describe the boundaries determined upon and must be filed in the office of the county auditor; provided, that no area may be annexed to an existing rural fire protection district contrary to the recommendation of the board of directors of such existing district.