(1) (a) A local district that provides a wholesale service may adopt a resolution approving the annexation of an area outside the local district's boundaries if: (i) the area is annexed by or otherwise added to, or is added to the retail service area of, a municipality or another local district that: (A) acquires the wholesale service from the local district and provides it as a retail service; (B) is, before the annexation or other addition, located at least partly within the local district; and (C) after the annexation or other addition will provide to the annexed or added area the same retail service that the local district provides as a wholesale service to the municipality or other local district; and (ii) except as provided in Subsection (2), no part of the area is within the boundaries of another local district that provides the same wholesale service as the proposed annexing local district. (b) For purposes of this section: (i) a local district providing public transportation service shall be considered to be providing a wholesale service; and (ii) a municipality included within the boundaries of the local district providing public transportation service shall be considered to be acquiring that wholesale service from the local district and providing it as a retail service and to be providing that retail service after the annexation or other addition to the annexed or added area, even though the municipality does not in fact provide that service.
(a) A local district that provides a wholesale service may adopt a resolution approving the annexation of an area outside the local district's boundaries if: (i) the area is annexed by or otherwise added to, or is added to the retail service area of, a municipality or another local district that: (A) acquires the wholesale service from the local district and provides it as a retail service; (B) is, before the annexation or other addition, located at least partly within the local district; and (C) after the annexation or other addition will provide to the annexed or added area the same retail service that the local district provides as a wholesale service to the municipality or other local district; and (ii) except as provided in Subsection (2), no part of the area is within the boundaries of another local district that provides the same wholesale service as the proposed annexing local district.
(i) the area is annexed by or otherwise added to, or is added to the retail service area of, a municipality or another local district that: (A) acquires the wholesale service from the local district and provides it as a retail service; (B) is, before the annexation or other addition, located at least partly within the local district; and (C) after the annexation or other addition will provide to the annexed or added area the same retail service that the local district provides as a wholesale service to the municipality or other local district; and
(A) acquires the wholesale service from the local district and provides it as a retail service;
(B) is, before the annexation or other addition, located at least partly within the local district; and
(C) after the annexation or other addition will provide to the annexed or added area the same retail service that the local district provides as a wholesale service to the municipality or other local district; and
(ii) except as provided in Subsection (2), no part of the area is within the boundaries of another local district that provides the same wholesale service as the proposed annexing local district.
(b) For purposes of this section: (i) a local district providing public transportation service shall be considered to be providing a wholesale service; and (ii) a municipality included within the boundaries of the local district providing public transportation service shall be considered to be acquiring that wholesale service from the local district and providing it as a retail service and to be providing that retail service after the annexation or other addition to the annexed or added area, even though the municipality does not in fact provide that service.
(i) a local district providing public transportation service shall be considered to be providing a wholesale service; and
(ii) a municipality included within the boundaries of the local district providing public transportation service shall be considered to be acquiring that wholesale service from the local district and providing it as a retail service and to be providing that retail service after the annexation or other addition to the annexed or added area, even though the municipality does not in fact provide that service.
(2) Notwithstanding Subsection (1)(a)(ii), an area outside the boundaries of a local district providing a wholesale service and located partly or entirely within the boundaries of another local district that provides the same wholesale service may be annexed to the local district if: (a) the conditions under Subsection (1)(a)(i) are present; and (b) the proposed annexing local district and the other local district follow the same procedure as is required for a boundary adjustment under Section 17B-1-417, including both district boards adopting a resolution approving the annexation of the area to the proposed annexing local district and the withdrawal of that area from the other district.
(a) the conditions under Subsection (1)(a)(i) are present; and
(b) the proposed annexing local district and the other local district follow the same procedure as is required for a boundary adjustment under Section 17B-1-417, including both district boards adopting a resolution approving the annexation of the area to the proposed annexing local district and the withdrawal of that area from the other district.
(3) A local district that provides transportation services may adopt a resolution approving the annexation of the area outside of the local district's boundaries if: (a) the area is within a county that has levied a sales and use tax under Section 59-12-2216; and (b) the county legislative body has adopted a resolution approving the annexation of the areas outside of the local district.
(a) the area is within a county that has levied a sales and use tax under Section 59-12-2216; and
(b) the county legislative body has adopted a resolution approving the annexation of the areas outside of the local district.
(4) Upon the adoption of an annexation resolution under this section, the board of the annexing local district shall comply with the requirements of Subsection 17B-1-414(2), and the lieutenant governor shall issue a certificate of annexation and send a copy of notice as provided in Section 67-1a-6.5.
(5) Subsections 17B-1-414(2) and (3) apply to an annexation under this section.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.