Utah Code 17B-1-505. Withdrawal of municipality from certain districts providing fire protection, paramedic, and emergency services or law enforcement service or municipal services
17B-1-505. Withdrawal of municipality from certain districts providing fire protection, paramedic, and emergency services or law enforcement service or municipal services.
(1)
As used in this section, “first responder district” means a special district, other than a municipal services district, that provides:
Municipality: means a city, town, or metro township. See Utah Code 17B-1-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
fire protection, paramedic, and emergency services; or
(b)
law enforcement service.
(2)
This section applies to the withdrawal of a municipality that is entirely within the boundary of a first responder district or municipal services district that was created without the necessity of an election because of Subsection 17B-1-214(3)(d) or (g).
(3)
(a)
The process to withdraw a municipality from a first responder district or municipal services district may be initiated by a resolution adopted by the legislative body of the municipality, subject to Subsection (3)(b).
(b)
The legislative body of a municipality that is within a municipal services district may not adopt a resolution under Subsection (3)(a) to withdraw from the municipal services district unless the municipality has conducted a feasibility study in accordance with Section 17B-2a-1110.
(c)
Within 10 days after adopting a resolution under Subsection (3)(a), the municipal legislative body shall submit to the board of trustees of the first responder district or municipal services district written notice of the adoption of the resolution, accompanied by a copy of the resolution.
(4)
If a resolution is adopted under Subsection (3)(a) by the legislative body of a municipality within a municipal services district, the municipal legislative body shall hold an election at the next municipal general election that is more than 60 days after adoption of the resolution on the question of whether the municipality should withdraw from the municipal services district.
(5)
(a)
A municipality shall be withdrawn from a first responder district if:
(i)
the legislative body of the municipality adopts a resolution initiating the withdrawal under Subsection (3)(a); and
(ii)
(A)
whether before or after the effective date of this section, the municipality and first responder district agree in writing to the withdrawal; or
(B)
except as provided in Subsection (5)(b) and subject to Subsection (6), the voters of the municipality approve the withdrawal at an election held for that purpose.
(b)
An election under Subsection (5)(a)(ii)(B) is not required if, after a feasibility study is conducted under Section 17B-1-505.5 and a public hearing is held under Subsection 17B-1-505.5(14), the municipality and first responder district agree in writing to the withdrawal.
(6)
An election under Subsection (5)(a)(ii)(B) may not be held unless:
(a)
a feasibility study is conducted under Section 17B-1-505.5; and
(b)
(i)
the feasibility study concludes that the withdrawal is functionally and financially feasible for the municipality and the first responder district; or
(ii)
(A)
the feasibility study concludes that the withdrawal would be functionally and financially feasible for the municipality and the first responder district if conditions specified in the feasibility study are met; and
(B)
the legislative body of the municipality adopts a resolution irrevocably committing the municipality to satisfying the conditions specified in the feasibility study, if the withdrawal is approved by the municipality’s voters.
(7)
If a majority of those voting on the question of withdrawal at an election held under Subsection (4) or (5)(a)(ii)(B) vote in favor of withdrawal, the municipality shall be withdrawn from the special district.
(8)
(a)
Within 10 days after the canvass of an election at which a withdrawal under this section is submitted to voters, the municipal legislative body shall send written notice to the board of the first responder district or municipal services district from which the municipality is proposed to withdraw.
(b)
Each notice under Subsection (8)(a) shall:
(i)
state the results of the withdrawal election; and
(ii)
if the withdrawal was approved by voters, be accompanied by a copy of an approved final local entity plat, as defined in Section 67-1a-6.5.
(9)
The effective date of a withdrawal under this section is governed by Subsection 17B-1-512(2)(a).
