5409-S AMS MULL S1737.1

SSB 5409 - S AMD 43

By Senator Mulliken

WITHDRAWN 03/06/2003

On page 12, after line 14, insert the following:

"Sec. 14. RCW 35A.14.380 and 1981 c 332 s 8 are each amended to read as follows:

If a portion of a fire protection district including at least sixty percent of the assessed valuation of the real property of the district is annexed to or incorporated into a code city, ownership of all of the assets of the district shall be vested in the code city, upon payment in cash, properties or contracts for fire protection services to the district within one year, of a percentage of the value of said assets equal to the percentage of the value of the real property in the entire district remaining outside the incorporated or annexed area.

The fire protection district may elect, by a vote of a majority of the persons residing outside the annexed area who vote on the proposition, to require the annexing code city to assume responsibility for the provision of fire protection, and for the operation and maintenance of the district's property, facilities, and equipment throughout the district and to pay the code city a reasonable fee for such fire protection, operation, and maintenance.

If all of a fire protection district is included in an area that incorporates as a city or town or is annexed to a city or town or fire protection district, all of the assets and liabilities of the fire protection district shall be transferred to the newly incorporated city or town on the date on which the fire protection district ceases to provide fire protection services pursuant to RCW 52.04.161 or to the city or town or fire protection district upon the annexation.

NEW SECTION. Sec. 15. The following acts or parts of acts are each repealed:

(1) RCW 35.02.200 (Annexation/incorporation of fire protection district--Ownership of assets of fire protection district--When less than sixty percent) and 1997 c 245 s 2;

(2) RCW 35.02.202 (Annexation/incorporation of fire protection district--Delay of transfer) and 1991 c 360 s 7;

(3) RCW 35.02.205 (Annexation/incorporation of fire protection district--Distribution of assets of district when less than five percent of district annexed--Distribution agreement--Arbitration) and 1993 c 262 s 4 & 1989 c 267 s 3; and

(4) RCW 35A.14.400 (Ownership of assets of fire protection district--When less than sixty percent of assessed valuation is annexed or incorporated in code city) and 1989 c 267 s 2 & 1967 ex.s. c 119 s 35A.14.400."

Renumber the remaining sections and correct any internal references.

SSB 5409 - S AMD 43

By Senator Mulliken

WITHDRAWN 03/06/2003

On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "annexation or incorporation of unincorporated territory; amending RCW 35.21.005, 35A.01.040, and 35A.14.380; adding new sections to chapter 35.13 RCW; adding new sections to chapter 35A.14 RCW; creating new sections; repealing RCW 35.02.200, 35.02.202, 35.02.205, and 35A.14.400; and declaring an emergency."

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