17B-1-502 - Withdrawal of area from local district -- Automatic withdrawal in certain circumstances -- Definitions.
17B-1-502. Withdrawal of area from local district -- Automatic withdrawal incertain circumstances -- Definitions.
(1) (a) An area within the boundaries of a local district may be withdrawn from the localdistrict only as provided in this part.
(b) Except as provided in Subsections (2) and (3), the inclusion of an area of a localdistrict within a municipality because of a municipal incorporation under Title 10, Chapter 2,Part 1, Incorporation, or a municipal annexation or boundary adjustment under Title 10, Chapter2, Part 4, Annexation, does not affect the requirements under this part for the process ofwithdrawing that area from the local district.
(2) (a) An area within the boundaries of a local district is automatically withdrawn fromthe local district by the annexation of the area to a municipality or the adding of the area to amunicipality by boundary adjustment under Title 10, Chapter 2, Part 4, Annexation, if:
(i) the local district provides:
(A) fire protection, paramedic, and emergency services; or
(B) law enforcement service;
(ii) an election for the creation of the local district was not required because ofSubsection 17B-1-214(3)(c); and
(iii) before annexation or boundary adjustment, the boundaries of the local district do notinclude any of the annexing municipality.
(b) The effective date of a withdrawal under this Subsection (2) is governed bySubsection 17B-1-512(2)(b).
(3) (a) An area within the boundaries of a local district located in a county of the firstclass is automatically withdrawn from the local district by the incorporation of a municipalitywhose boundaries include the area if:
(i) the local district provides:
(A) fire protection, paramedic, and emergency services; or
(B) law enforcement service;
(ii) an election for the creation of the local district was not required because ofSubsection 17B-1-214(3)(c); and
(iii) the legislative body of the newly incorporated municipality:
(A) adopts a resolution approving the withdrawal that includes the legal description ofthe area to be withdrawn; and
(B) delivers a copy of the resolution to the board of trustees of the local district.
(b) The effective date of a withdrawal under this Subsection (3) is governed bySubsection 17B-1-512(2)(a).
Amended by Chapter 218, 2009 General Session