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Page I I of 1 <br />== 368.85 <br />368,85 Fire protection. <br />Subdivision 1. Special fire protection district. A <br />town may, by resolution adopted by the town board and approved <br />by a majority of the electors residing within the territory <br />affected, establish a special fire protection district within <br />the town in the following manner. The town board shall adopt a <br />resolution particularly describing the territory, district or <br />area which shall constitute a special fire protection district <br />and be entitled to receive fire protection to be paid for from <br />the taxation of the property within the district. Each district <br />shall consist of contiguous and compact territory and be <br />constituted so that at least 25 percent of the total net tax <br />capacity of taxable real property in it consists of property <br />classified as homestead property and buildings or other <br />structures. <br />Subd. 2. Submission at annual meeting; notice. The <br />resolution shall provide for the submission of the question <br />whether the special fire protection district shall be <br />established to the voters residing within the proposed district <br />at the next annual town meeting or at a special town meeting <br />which the town board may call for that purpose* The notice of <br />the annual or special meeting shall contain a notice that the <br />question will be submitted to the electors residing in the <br />proposed district and a statement that all cost of fire <br />protection for the district will be borne by a tax on the <br />property in it. The meeting shall be held at the usual place of <br />holding town meetings. <br />Subd, 3. Manner of gating. For the election the town <br />board shall provide a separate ballot box where the electors <br />residing within the proposed district shall deposit their <br />baliots. only electors residing in the proposed district may <br />vote on the question. <br />Subd. 4. Ballot. The town board shall provide <br />ballots which shall read 'Shall the territory described in the <br />resolution adopted by the town board on the ......... day of <br />....s■..■■...r *.*Monet constitute a special fire protection <br />district ?" The question shall be followed with a lime with the <br />word eyes" and a square after it and another line with the word <br />"No" and a square after it. The voters shall indicate their <br />choice by placing a cross mark in one of the squares, and a <br />direction to so indicate their choice shall be printed on the <br />ballot. <br />Subd. 5. Counting and canvassing of votes. The gates <br />cast at the special election in the special ballot box shall be <br />counted and canvassed by the town board or by the judges <br />presiding at the election. If the proposition receives a <br />majority of the votes cast by the electors residing within the <br />proposed district, that result shall be recorded in the minutes <br />of the meeting, and the territory described in the town board's <br />resolution shall there be a special fire protection district. <br />Subd. 6. Tax levy. The town board shall annually <br />levy a tax in an amount necessary on the net tax capacity of all <br />4/10/2003 <br />