Utah Code § 17B-1-505 — Utah Code / Title 17B / Chapter 17B-1 / § 17B-1-505
§ 17B-1-505. Withdrawal from certain districts providing fire protection, paramedic, and emergency services or law enforcement service or municipal services.
Status: in_force

(1) As used in this section: (a) "County" means all of the unincorporated land in a county of the first class, as classified under Section 17-60-104, that is entirely within the boundary of a first responder district. (b) "Eligible area" means: (i) all of the unincorporated land in a county of the first class, as classified under Section 17-60-104, that is entirely within the boundary of a first responder district; or (ii) all of a municipality that is entirely within the boundary of a qualified district. (c) "First responder district" means a special district, other than a municipal services district, that provides: (i) fire protection, paramedic, and emergency services; or (ii) law enforcement service. (d) "Legislative body" means: (i) for an eligible area that is wholly within a municipality, the municipal legislative body; and (ii) for an eligible area that is all of the unincorporated land in a county, the county legislative body. (e) "Municipal services district" means a municipal services district formed under Chapter 2a, Part 11, Municipal Services District Act. (f) "Qualified district" means: (i) a first responder district; or (ii) a municipal services district. (2) This section provides the sole method of withdrawal of: (a) a municipality that is entirely within the boundary of a first responder district from the first responder district; (b) a municipality that is entirely within the boundary of a municipal services district from the municipal services district; and (c) a county from a first responder district. (3) (a) The process to withdraw a municipality from a first responder district or municipal services district, or a county from a first responder district, may be initiated by a resolution adopted by a legislative body, 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 legislative body shall submit to the board of trustees of the qualified 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 180 days after adoption of the resolution on the question of whether the municipality should withdraw from the municipal services district. (5) (a) A municipality or county shall be withdrawn from a first responder district if: (i) the legislative body governing the municipality or county adopts a resolution initiating the withdrawal under Subsection (3)(a); and (ii) (A) the legislative body of the municipality or county and the 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 residing in the eligible area 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 legislative body governing the eligible area 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 eligible area and the first responder district; or (ii) (A) the feasibility study concludes that the withdrawal would be functionally and financially feasible for the eligible area and the first responder district if conditions specified in the feasibility study are met; and (B) the legislative body of the eligible area adopts a resolution irrevocably committing the eligible area to satisfying the conditions specified in the feasibility study, if the withdrawal is approved by the 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 eligible area shall be withdrawn from the qualified district. (8) (a) Within 10 days after the canvass of an election at which a withdrawal under this section is submitted to voters, the legislative body shall send written notice to the board of the qualified district from which the eligible area 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 Section 17B-1-512.