HOUSE BILL REPORT

HB 1162

BYRepresentatives Hine, G. Fisher, Horn, Ferguson and Haugen

Changing provisions relating to cities annexed by fire protection districts.

House Committe on Local Government

Majority Report:  Do pass.  (13)

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Ferguson, Ranking Republican Member; Horn, Nealey, Nelson, Nutley, Phillips, Raiter, Rayburn, Todd, Wood and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS PASSED HOUSE FEBRUARY 8, 1989

BACKGROUND:

Whenever a city or town annexes territory that is located in a fire protection district, or whenever a city or town incorporates territory that is located in a fire protection district, the territory is removed from the fire protection district.  However, a special annexation procedure exists for a fire protection district to annex all the territory in a city or town.

If territory located in a fire protection district that constitutes at least 60 percent of the assessed valuation of the fire protection district were annexed by, or incorporated into, a city or town, then all the assets of the fire protection district vest in the city or town upon the city or town paying to the district an amount equal to the total assets of the fire protection district multiplied by the percentage of the district's assessed valuation that remains outside of the city or town.  Such payments must be made in one year and may be in the form of cash, properties, or contracts for fire protection services.

If territory located in a fire protection district that constitutes less than 60 percent of the assessed valuation of the fire protection district were annexed by, or incorporated into, a city or town, then the district retains ownership of its own assets and the district must pay the city or town an amount equal to the total assets of the fire protection district multiplied by the percentage of the district's assessed valuation that is located in the area so annexed or incorporated.  Such payments must be made in one year and may be in the form of cash, properties, or contracts for fire protection services.  However, if the area so annexed or incorporated includes less than 5 percent of the assessed valuation of the district, no payments are made.

SUMMARY:

The law is clarified that when a city or town has been annexed by a fire protection district, and the city or town then annexes territory, the territory so annexed to the city or town additionally is annexed to the fire protection district that previously had annexed the city or town.

A fire protection district that has annexed a city or town is put in the same position as the city or town, concerning the transfer of assets and payments for such assets, upon a subsequent city or town annexation of territory located in a fire protection district.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Richard T. Kennedy and Greg Prothman, City of Des Moines; and Stan Finkelstein, Association of Washington Cities.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The King County Boundary Review Board denied a proposed annexation to Des Moines because it feared the areas proposed to be annexed by Des Moines would not be annexed to the fire protection district that previously had annexed Des Moines.  The Superior Court upheld this rationale.  This bill would avoid the problem in existing law.

House Committee - Testimony Against:      None Presented.