Okla. Stat. tit. 19 § 901.23a

Current through Laws 2024, c. 453.

Section 901.23a - Annexation of all or a portion of a fire protection district - Requirements

In the case of a municipality annexing a portion of or all of a fire protection district as established by this section the following shall apply:

1. The delivery of fire protection services shall meet or exceed the current levels and standards of fire protection services being provided by the fire protection district, pursuant to the provisions of Section 324.8 of Title 74 of the Oklahoma Statutes, in order for a municipality, private entity, organization, corporation or company to provide fire protection services to a fire protection district;

2. A vote of fifty-one percent (51%) of those paying the current assessment is required to withdraw from the fire protection district. The municipality is responsible for the cost of the election;

3. The fire protection district and the board of the county commissioners shall be notified by certified mail ninety (90) days prior to the municipality taking final action on the annexation;

4. Existing debt service shall either be assumed by the annexing municipality based on the share of the percent of revenue the area annexed generated or the assessment shall be continued until the debt is paid in full. The municipality must include this provision in the final annexation resolution;

5. The municipality may elect continuing with the effected fire protection district provided that the fire protection district continues to receive the assessment without restrictions. Additional support may be provided by the municipality in the sole discretion of the municipality;

6. If, in the judgment of the board of county commissioners, the exodus of the territory sought to be withdrawn from the district and is contained within the proposed annexation of the municipality, will make further existence of the district impracticable, the board shall proceed to order dissolution of the district. In the case of withdrawal of any property from the district as herein provided, such property shall remain subject to the payment of its proportionate part of any bonds theretofore authorized by the district and shall remain subject to annual assessment for the payment of the principal and interest thereof in the same manner and to the same extent as if such property had not been withdrawn. Such annual assessments, however, shall be computed upon the appraisal shown on the district appraisal record at the time of the withdrawal of such property;

7. The municipality may, through negotiations with the board of county commissioners and the fire protection district, acquire the assets and liabilities of the district if it ensures the best fire protection for the citizens of the district and protects the best use of the investment which has been made by the citizens of the district; and

8. If the municipality may elect to contract for fire protection with the fire protection district. The contract shall address enforcement of fire code, building permits, level of service, billing, relationship with existing municipal fire department (i.e. mutual aid agreement, subordinate role, direct supervision, etc.), additional funding and other issues agreed to by the two parties.

Okla. Stat. tit. 19, § 901.23a

Added by Laws 2019 , c. 206, s. 4, eff. 11/1/2019.