17B-1-415 - Annexation of wholesale district through expansion of retail provider.
17B-1-415. Annexation of wholesale district through expansion of retail provider.
(1) (a) A local district that provides a wholesale service may adopt a resolutionapproving 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, amunicipality or another local district that:
(A) acquires the wholesale service from the local district and provides it as a retailservice;
(B) is, before the annexation or other addition, located at least partly within the localdistrict; and
(C) after the annexation or other addition will provide to the annexed or added area thesame retail service that the local district provides as a wholesale service to the municipality orother 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 localdistrict.
(b) For purposes of this section:
(i) a local district providing public transportation service shall be considered to beproviding a wholesale service; and
(ii) a municipality included within the boundaries of the local district providing publictransportation service shall be considered to be acquiring that wholesale service from the localdistrict and providing it as a retail service and to be providing that retail service after theannexation or other addition to the annexed or added area, even though the municipality does notin fact provide that service.
(2) Notwithstanding Subsection (1)(a)(ii), an area outside the boundaries of a localdistrict providing a wholesale service and located partly or entirely within the boundaries ofanother local district that provides the same wholesale service may be annexed to the localdistrict 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 sameprocedure as is required for a boundary adjustment under Section 17B-1-417, including bothdistrict boards adopting a resolution approving the annexation of the area to the proposedannexing local district and the withdrawal of that area from the other district.
(3) Upon the adoption of an annexation resolution under this section, the board of theannexing local district shall comply with the requirements of Subsection 17B-1-414(2), and thelieutenant governor shall issue a certificate of annexation and send a copy of notice as providedin Section 67-1a-6.5.
(4) Subsections 17B-1-414(2) and (3) apply to an annexation under this section.
Amended by Chapter 350, 2009 General Session