N.D. Cent. Code § 11-28.3-16

This is the official text of N.D. Cent. Code § 11-28.3-16, part of North Dakota’s Cent. Code — part of the compiled statutory law of North Dakota, published by the state as "Cent. Code." Browse the sections below, each linked to its official government source.

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11-28.3-16. Withdrawal from ambulance service district - Restrictions

Official statutory text

11-28.3-16. Withdrawal from ambulance service district - Restrictions

1. Any elector who resides in an area subject to a mill levy under section 11-28.3-09 and

wishes to withdraw from the ambulance service district may do so if the territory to be

withdrawn from the district:

a. Borders on the outer boundary of the district; and

b. Has a written agreement with an adjacent emergency medical services operation

licensed by the department of health and human services to provide coverage to

the territory if the territory is withdrawn successfully.

2. The district shall discharge its financial obligations pursuant to the procedure under

section 11-28.3-17.

3. Notwithstanding subsection 1 of section 23-27-01 designating an ambulance service

area, the district is not obligated to maintain the withdrawn district within the primary

response area of the district.

4. The proceedings for withdrawal must be initiated by the filing of a petition with the

appropriate county auditor or signed by fifty electors, or if there are not fifty electors

residing in the area, fifty percent of the qualified electors in the territory sought to be

withdrawn and the petition must contain a description of the boundaries of the territory

sought to be withdrawn and a map or plat illustrating the area.

5. The county auditor shall determine whether the petition complies with the

requirements of subsection 5. If the petition is accepted, the county auditor promptly

shall designate a time and place for an election upon the petition and shall give notice

of the election in the manner prescribed by section 11-28.3-03. At the election, any

qualified elector residing within the boundaries of the territory to be withdrawn may

cast a vote. If the majority cast a vote in favor of the question of withdrawal, the

territory is considered withdrawn from the district.

6. The county auditor shall determine and certify the respective percentage proportions

of the taxable valuation of the territory petitioned to be withdrawn to the taxable

valuation of all property in the district before withdrawal to the board of directors of the

district withdrawn.

7. Within thirty days after receipt of the petition, verification, and computation of

respective percentage proportions, the board of directors of the district withdrawn shall

attach to the petition a statement of outstanding obligations of the district and shall

forward the petition to the appropriate board or boards of county commissioners.

Status: in_force · Read it on the official government site

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