Judges: WILLIAM L. WEBSTER
Filed Date: 12/11/1986
Status: Precedential
Modified Date: 7/5/2016
Dear Representative McCracken:
You recently requested an opinion from this office on behalf of the Polk County Volunteer Fire Association as follows:
May the same ballot contain the formation of the three-member board and a levy proposal to support the same?
The provisions for fire protection districts are set forth generally in Chapter 321, RSMo. The statutes provide for the formation of the district by a petition in the circuit court praying for the establishment of the fire protection district. After the court determines, following a hearing, that the petition is proper and the allegations of the petition are true, the court enters an order establishing the district and, among other things, setting an election for voters within the district. The circuit court's decree of incorporation of the fire protection district does not become final until it has been submitted to an election of the voters within the district and assented to by a majority of the voters voting on the question.
Chapter 321 establishes a number of levies and we assume for this opinion that your question is directed to the initial levy of 30 cents per $100 assessed valuation which is authorized by Section
1. Must the 30 cent levy be submitted to the voters?
2. If so, may the question be placed on the same ballot as the formation of the district and the election of the three-member board?
3. May the proposition generally authorize up to a 30 cent levy or must it state a specific amount?
The decree of the circuit court must provide for an election to finally incorporate the fire protection district. The requirements of that election are set forth in Section
The question shall be submitted in substantially the following form:
Shall there be incorporated a fire protection district? YES [ ] NO [ ]
Section
The directors of the fire protection district are authorized to levy taxes in Section
Article
(a) Counties and other political subdivisions are hereby prohibited from levying any tax, license or fees, . . . without the approval of the required majority of the qualified voters of that county or other political subdivision voting thereon . . . .
Since Section
While it could be argued that the proposition regarding incorporating the fire protection district encompasses an election on the 30 cent levy, it is our view that the cases ofRoberts v. McNary,
Since the levy must be submitted to the voters, we must also be concerned with whether the levy must be submitted as a sum certain or whether it may be submitted in general terms such as "up to 30 cents." This is because the district cannot set a sum certain until after the election of the three-member board. Only the three-member board may set the amount of the levy after determining the amount of money necessary to supply funds for paying the expenses of organization and operation and the costs of acquiring, supplying and maintaining the property, works and equipment of the district and the necessary personnel. Section
The Hancock Amendment is silent as to the ballot form for the submission of additional taxes, licenses, or fees required by Article X, Section 22. There seems no reason why a proposition submitted to the voters allowing the board to levy a tax up to 30 cents would not comply with Article
Shall the Board of Directors of the ______ Fire Protection District be authorized to levy an additional tax of not more than twenty-five cents on the one hundred dollars assessed valuation to provide funds for the support of the district?
[ ] FOR THE PROPOSITION [ ] AGAINST THE PROPOSITION
(Place an X in the square opposite the one for which you wish to vote.)
It is therefore our conclusion that the submission of the initial 30 cent levy may be done in the same form as that provided in Section
Since it is our conclusion that the levy may be submitted to the voters in a general form, we now consider whether the initial 30 cent levy may by submitted on the same ballot as the incorporation. Section
Section
If the court enters an order declaring the decree of incorporation to be final and conclusive, it shall at the same time designate the first board of directors of the district who have been elected by the voters voting thereon . . . .
This language taken as a whole seems to require both measures to be submitted at the same election.
Section
All of these sections taken together lead us to conclude that the legislature intended to include multiple measures on the initial ballot. We conclude the ballot submitting the incorporation of the fire protection district may also include a proposition regarding the 30 cent levy.
CONCLUSION
It is our opinion that:
1. The initial levy of 30 cents per $100 of assessed valuation for a fire protection district must be submitted to the voters as required by Article
2. The levy question may be submitted to the voters on the same ballot as the incorporation of the fire protection district and the election of the first board of directors.
3. The ballot proposition for the levy may be set forth in general terms such as: Shall the board of directors of the ________ fire protection district be authorized to levy a tax rate of not more than 30 cents per $100 assessed valuation to provide funds for the support of the district?
Very truly yours,
WILLIAM L. WEBSTER Attorney General