17B-1-408 - Resolution indicating whether the requested service will be provided.
17B-1-408. Resolution indicating whether the requested service will be provided.
(1) Within 30 days after the last hearing required under Section 17B-1-407 is held, thelegislative body of each county and municipality that sent a notice of intent under Subsection17B-1-407(1) shall adopt a resolution indicating whether the county or municipality will provideto the area proposed for annexation within its boundaries the service proposed to be provided bythe proposed annexing local district.
(2) If the county or municipal legislative body fails to adopt a resolution within the timeprovided under Subsection (1), the county or municipality shall be considered to have declined toprovide the service.
(3) If a county or municipal legislative body adopts a resolution under Subsection (1)indicating that the county or municipality will provide the service but the county or municipalitydoes not, within 120 days after the adoption of that resolution, take substantial measures toprovide the service, the county or municipality shall be considered to have declined to providethe service.
(4) Each county or municipality whose legislative body adopts a resolution underSubsection (1) indicating that the county or municipality will provide the service shall diligentlyproceed to take all measures necessary to provide the service.
(5) If a county or municipal legislative body adopts a resolution under Subsection (1)indicating that the county or municipality will provide the service and the county or municipalitytakes substantial measures within the time provided in Subsection (3) to provide the service, thelocal district's annexation proceeding as to the applicable area of that county or municipality isterminated and that applicable area is considered deleted from the area proposed to be annexed ina petition under Subsection 17B-1-403(1)(a).
Renumbered and Amended by Chapter 329, 2007 General Session