Cities with population of 2,500 to 65,000 with fire department,annexing property in a fire protection district--rights and duties,procedure--exception.
321.322. 1. If any property located within the boundaries of a fireprotection district shall be included within a city having a population ofat least two thousand five hundred but not more than sixty-five thousandwhich is not wholly within the fire protection district and which maintainsa city fire department, then upon the date of actual inclusion of theproperty within the city, as determined by the annexation process, the cityshall within sixty days assume by contract with the fire protectiondistrict all responsibility for payment in a lump sum or in installments anamount mutually agreed upon by the fire protection district and the cityfor the city to cover all obligations of the fire protection district tothe area included within the city, and thereupon the fire protectiondistrict shall convey to the city the title, free and clear of all liens orencumbrances of any kind or nature, any such tangible real and personalproperty of the fire protection district as may be agreed upon, which islocated within the part of the fire protection district located within thecorporate limits of the city with full power in the city to use and disposeof such tangible real and personal property as the city deems best in thepublic interest, and the fire protection district shall no longer levy andcollect any tax upon the property included within the corporate limits ofthe city; except that, if the city and the fire protection district cannotmutually agree to such an arrangement, then the city shall assumeresponsibility for fire protection in the annexed area on or before Januaryfirst of the third calendar year following the actual inclusion of theproperty within the city, as determined by the annexation process, andfurthermore the fire protection district shall not levy and collect any taxupon that property included within the corporate limits of the city afterthe date of inclusion of that property:
(1) On or before January first of the second calendar year occurringafter the date on which the property was included within the city, the cityshall pay to the fire protection district a fee equal to the amount ofrevenue which would have been generated during the previous calendar yearby the fire protection district tax on the property in the area annexedwhich was formerly a part of the fire protection district;
(2) On or before January first of the third calendar year occurringafter the date on which the property was included within the city, the cityshall pay to the fire protection district a fee equal to four-fifths of theamount of revenue which would have been generated during the previouscalendar year by the fire protection district tax on the property in thearea annexed which was formerly a part of the fire protection district;
(3) On or before January first of the fourth calendar year occurringafter the date on which the property was included within the city, the cityshall pay to the fire protection district a fee equal to three-fifths ofthe amount of revenue which would have been generated during the previouscalendar year by the fire protection district tax on the property in thearea annexed which was formerly a part of the fire protection district;
(4) On or before January first of the fifth calendar year occurringafter the date on which the property was included within the city, the cityshall pay to the fire protection district a fee equal to two-fifths of theamount of revenue which would have been generated during the previouscalendar year by the fire protection district tax on the property in thearea annexed which was formerly a part of the fire protection district; and
(5) On or before January first of the sixth calendar year occurringafter the date on which the property was included within the city, the cityshall pay to the fire protection district a fee equal to one-fifth of theamount of revenue which would have been generated during the previouscalendar year by the fire protection district tax on the property in thearea annexed which was formerly a part of the fire protection district.Nothing contained in this section shall prohibit the ability of a city tonegotiate contracts with a fire protection district for mutually agreeableservices. This section shall also apply to those fire protection districtsand cities which have not reached agreement on overlapping boundariesprevious to August 28, 1990. Such fire protection districts and citiesshall be treated as though inclusion of the annexed area took place onDecember thirty-first immediately following August 28, 1990.
2. Any property excluded from a fire protection district by reason ofsubsection 1 of this section shall be subject to the provisions of section321.330.
3. The provisions of this section shall not apply in any county ofthe first class having a charter form of government and having a populationof over nine hundred thousand inhabitants.
4. The provisions of this section shall not apply where the annexingcity or town operates a city fire department and was on January 1, 2005, acity of the fourth classification with more than eight thousand ninehundred but fewer than nine thousand inhabitants and entirely surrounded bya single fire district. In such cases, the provision of fire and emergencymedical services following annexation shall be governed by subsections 2and 3 of section 72.418, RSMo.
Cities with population of 2,500 to 65,000 with fire department,annexing property in a fire protection district--rights and duties,procedure--exception.
321.322. 1. If any property located within the boundaries of a fireprotection district shall be included within a city having a population ofat least two thousand five hundred but not more than sixty-five thousandwhich is not wholly within the fire protection district and which maintainsa city fire department, then upon the date of actual inclusion of theproperty within the city, as determined by the annexation process, the cityshall within sixty days assume by contract with the fire protectiondistrict all responsibility for payment in a lump sum or in installments anamount mutually agreed upon by the fire protection district and the cityfor the city to cover all obligations of the fire protection district tothe area included within the city, and thereupon the fire protectiondistrict shall convey to the city the title, free and clear of all liens orencumbrances of any kind or nature, any such tangible real and personalproperty of the fire protection district as may be agreed upon, which islocated within the part of the fire protection district located within thecorporate limits of the city with full power in the city to use and disposeof such tangible real and personal property as the city deems best in thepublic interest, and the fire protection district shall no longer levy andcollect any tax upon the property included within the corporate limits ofthe city; except that, if the city and the fire protection district cannotmutually agree to such an arrangement, then the city shall assumeresponsibility for fire protection in the annexed area on or before Januaryfirst of the third calendar year following the actual inclusion of theproperty within the city, as determined by the annexation process, andfurthermore the fire protection district shall not levy and collect any taxupon that property included within the corporate limits of the city afterthe date of inclusion of that property:
(1) On or before January first of the second calendar year occurringafter the date on which the property was included within the city, the cityshall pay to the fire protection district a fee equal to the amount ofrevenue which would have been generated during the previous calendar yearby the fire protection district tax on the property in the area annexedwhich was formerly a part of the fire protection district;
(2) On or before January first of the third calendar year occurringafter the date on which the property was included within the city, the cityshall pay to the fire protection district a fee equal to four-fifths of theamount of revenue which would have been generated during the previouscalendar year by the fire protection district tax on the property in thearea annexed which was formerly a part of the fire protection district;
(3) On or before January first of the fourth calendar year occurringafter the date on which the property was included within the city, the cityshall pay to the fire protection district a fee equal to three-fifths ofthe amount of revenue which would have been generated during the previouscalendar year by the fire protection district tax on the property in thearea annexed which was formerly a part of the fire protection district;
(4) On or before January first of the fifth calendar year occurringafter the date on which the property was included within the city, the cityshall pay to the fire protection district a fee equal to two-fifths of theamount of revenue which would have been generated during the previouscalendar year by the fire protection district tax on the property in thearea annexed which was formerly a part of the fire protection district; and
(5) On or before January first of the sixth calendar year occurringafter the date on which the property was included within the city, the cityshall pay to the fire protection district a fee equal to one-fifth of theamount of revenue which would have been generated during the previouscalendar year by the fire protection district tax on the property in thearea annexed which was formerly a part of the fire protection district.Nothing contained in this section shall prohibit the ability of a city tonegotiate contracts with a fire protection district for mutually agreeableservices. This section shall also apply to those fire protection districtsand cities which have not reached agreement on overlapping boundariesprevious to August 28, 1990. Such fire protection districts and citiesshall be treated as though inclusion of the annexed area took place onDecember thirty-first immediately following August 28, 1990.
2. Any property excluded from a fire protection district by reason ofsubsection 1 of this section shall be subject to the provisions of section321.330.
3. The provisions of this section shall not apply in any county ofthe first class having a charter form of government and having a populationof over nine hundred thousand inhabitants.
4. The provisions of this section shall not apply where the annexingcity or town operates a city fire department and was on January 1, 2005, acity of the fourth classification with more than eight thousand ninehundred but fewer than nine thousand inhabitants and entirely surrounded bya single fire district. In such cases, the provision of fire and emergencymedical services following annexation shall be governed by subsections 2and 3 of section 72.418, RSMo.
Cities with population of 2,500 to 65,000 with fire department,annexing property in a fire protection district--rights and duties,procedure--exception.
321.322. 1. If any property located within the boundaries of a fireprotection district shall be included within a city having a population ofat least two thousand five hundred but not more than sixty-five thousandwhich is not wholly within the fire protection district and which maintainsa city fire department, then upon the date of actual inclusion of theproperty within the city, as determined by the annexation process, the cityshall within sixty days assume by contract with the fire protectiondistrict all responsibility for payment in a lump sum or in installments anamount mutually agreed upon by the fire protection district and the cityfor the city to cover all obligations of the fire protection district tothe area included within the city, and thereupon the fire protectiondistrict shall convey to the city the title, free and clear of all liens orencumbrances of any kind or nature, any such tangible real and personalproperty of the fire protection district as may be agreed upon, which islocated within the part of the fire protection district located within thecorporate limits of the city with full power in the city to use and disposeof such tangible real and personal property as the city deems best in thepublic interest, and the fire protection district shall no longer levy andcollect any tax upon the property included within the corporate limits ofthe city; except that, if the city and the fire protection district cannotmutually agree to such an arrangement, then the city shall assumeresponsibility for fire protection in the annexed area on or before Januaryfirst of the third calendar year following the actual inclusion of theproperty within the city, as determined by the annexation process, andfurthermore the fire protection district shall not levy and collect any taxupon that property included within the corporate limits of the city afterthe date of inclusion of that property:
(1) On or before January first of the second calendar year occurringafter the date on which the property was included within the city, the cityshall pay to the fire protection district a fee equal to the amount ofrevenue which would have been generated during the previous calendar yearby the fire protection district tax on the property in the area annexedwhich was formerly a part of the fire protection district;
(2) On or before January first of the third calendar year occurringafter the date on which the property was included within the city, the cityshall pay to the fire protection district a fee equal to four-fifths of theamount of revenue which would have been generated during the previouscalendar year by the fire protection district tax on the property in thearea annexed which was formerly a part of the fire protection district;
(3) On or before January first of the fourth calendar year occurringafter the date on which the property was included within the city, the cityshall pay to the fire protection district a fee equal to three-fifths ofthe amount of revenue which would have been generated during the previouscalendar year by the fire protection district tax on the property in thearea annexed which was formerly a part of the fire protection district;
(4) On or before January first of the fifth calendar year occurringafter the date on which the property was included within the city, the cityshall pay to the fire protection district a fee equal to two-fifths of theamount of revenue which would have been generated during the previouscalendar year by the fire protection district tax on the property in thearea annexed which was formerly a part of the fire protection district; and
(5) On or before January first of the sixth calendar year occurringafter the date on which the property was included within the city, the cityshall pay to the fire protection district a fee equal to one-fifth of theamount of revenue which would have been generated during the previouscalendar year by the fire protection district tax on the property in thearea annexed which was formerly a part of the fire protection district.Nothing contained in this section shall prohibit the ability of a city tonegotiate contracts with a fire protection district for mutually agreeableservices. This section shall also apply to those fire protection districtsand cities which have not reached agreement on overlapping boundariesprevious to August 28, 1990. Such fire protection districts and citiesshall be treated as though inclusion of the annexed area took place onDecember thirty-first immediately following August 28, 1990.
2. Any property excluded from a fire protection district by reason ofsubsection 1 of this section shall be subject to the provisions of section321.330.
3. The provisions of this section shall not apply in any county ofthe first class having a charter form of government and having a populationof over nine hundred thousand inhabitants.
4. The provisions of this section shall not apply where the annexingcity or town operates a city fire department and was on January 1, 2005, acity of the fourth classification with more than eight thousand ninehundred but fewer than nine thousand inhabitants and entirely surrounded bya single fire district. In such cases, the provision of fire and emergencymedical services following annexation shall be governed by subsections 2and 3 of section 72.418, RSMo.
