Oklahoma § 19-901.23 - Withdrawal of territory from district

§ 19-901.23. Withdrawal of territory from district

Any portion of the district which will not be benefited by

remaining therein may be withdrawn from the district by the filing

of a petition containing the names of more than fifty-one percent

(51%) of the homeowners with three (3) acres or less, homeowners

within a planned unit development, or property owners who are not

developers of a planned unit development or other real estate

development within the portion sought to be withdrawn, requesting

the withdrawal of such portion from the district on the grounds that

it will not be benefited by remaining therein. Such petition shall

be filed with the board of county commissioners and notice thereof

shall be given to the board of directors of the district. The time

for hearing said petition shall not be less than thirty (30) days

after the receipt of the petition. Any person interested may appear

at the hearing and object to the withdrawal or may object to the

continuance of the remaining territory as a district. The board of

county commissioners shall consider and pass upon all objections and

if it finds that the portion of the district sought to be withdrawn

will not be benefited by remaining within the district and will not

serve as a fire hazard to the remaining portion of the district, and

that the territory remaining in the district will be benefited by

continuing as a district then it shall grant the petition. In

determining the benefits to the territory to be withdrawn and

determining what constitutes a fire hazard, the board shall consider

the location of the nearest fire protection facility. If the

nearest facility is considered by the board to be an unsafe distance

which would create a fire hazard to the territory to be withdrawn or

Oklahoma Statutes - Title 19. Counties and County Officers

the remaining territory, the board shall deny the petition. The

board shall also consider the benefit to the territory sought to be

withdrawn of any newly constructed fire protection facilities or

newly purchased fire protection equipment for the district and if

such facilities and equipment are determined to be of substantial

benefit to the territory to be withdrawn, then the board may deny

the petition. If in the judgment of the board of county

commissioners existence of the territory sought to be withdrawn will

make further existence of the district impracticable, the board

shall proceed to order a 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.

Added by Laws 1949, p. 159, § 23. Amended by Laws 1993, c. 6, § 1,

eff. Sept. 1, 1993; Laws 2018, c. 74, § 1, eff. Nov. 1, 2018.

§19-901.23a. 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;

Oklahoma Statutes - Title 19. Counties and County Officers

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.

Added by Laws 2019, c. 206, § 4, eff. Nov. 1, 2019.