CHAPTER 5.20: ALTERATION, CONSOLIDATION, OR ABOLITION OF SERVICE AREAS

Section

5.20.005    Alteration, consolidation, or abolition of road and fire service areas

5.20.010    Consolidation of service areas [Repealed]

5.20.015    Abolition of service areas [Repealed]

5.20.020    Alteration, consolidation, or abolition of other service areas

5.20.005 ALTERATION, CONSOLIDATION, OR ABOLITION OF ROAD AND FIRE SERVICE AREAS.

(A)    [Repealed by Ord. 08-039(AM), § 2 (part), 2008]

(B)    [Repealed by Ord. 08-039(AM), § 2 (part), 2008]

(C)    A proposal to alter, abolish, consolidate, or combine a service area that provides road or fire protection services may be made in the manner prescribed in MSB 5.10. However, when such a proposal is initiated by petition:

(1)    a petition must contain signatures of persons owning at least 50 percent of the real property to be added to the existing area if a proposal would result in increasing the amount of real property within a service area; or

(2)    a petition must contain signatures of persons owning at least 50 percent of the real property within the existing service area if a proposal would result in decreasing the amount of real property within the service area.

(D)    If voters reside within a service area that provides road or fire protection services, abolishment of the service area is subject to approval by the majority of the voters residing in the service area who vote on the question.

(E)    A service area that provides road or fire protection services in which voters reside may not be abolished and replaced by a larger service area unless that proposal is approved, separately, by a majority of the voters who vote on the question residing in the existing service area and by a majority of the voters who vote on the question residing in the area proposed to be included within the new service area but outside of the existing service area.

(F)    A service area that provides road or fire protection services in which voters reside may not be altered or combined with another service area unless that proposal is approved, separately, by a majority of the voters who vote on the question and who reside in each of the service areas or in the area outside of the service areas that is affected by the proposal.

(G)    Subsections (D), (E) and (F) of this section do not apply:

(1)    to a proposed change to a service area that provides fire protection services that would result in increasing the number of parcels of land in the service area or successor service area if the increase is not more than 6 percent and would add not more than 1,000 residents;

(2)    to abolishment of a road service area or consolidation of two or more road service areas if:

(a)    taxes have not been levied in the service area for road maintenance or construction during the last 12 months and there is no balance in any account available to pay for these road services for the service area;

(b)    during the last 12 months, the service area board has not met with a quorum present and in accordance with law; or

(c)    there are no road maintenance contracts in effect for the service area or the existing road maintenance contracts fail to provide for minimum road standards required by law that are necessary to protect the borough from civil liability.

(Ord. 11-121, § 2, 2011: Ord. 08-039(AM), § 2 (part), 2008; Ord. 94-001AM, § 6 (part), 1994; Ord. 87-67, § 9, 1987; Ord. 80-8 (part), 1980)

5.20.010 CONSOLIDATION OF SERVICE AREAS.

[Repealed by Ord. 08-039(AM), § 2 (part), 2008]

(Ord. 82-67, 1982; Ord. 80-8 (part), 1980)

5.20.015 ABOLITION OF SERVICE AREAS.

[Repealed by Ord. 08-039(AM), § 2 (part), 2008]

(Ord. 94-001AM, § 6 (part), 1994; Ord. 80-8 (part), 1980)

5.20.020 ALTERATION, CONSOLIDATION, OR ABOLITION OF OTHER SERVICE AREAS.

(A)    Service areas providing services other than road or fire protection services may be altered, combined, consolidated, or abolished by ordinance or by vote of the qualified voters living in the service area in the same manner as they may be established under MSB 5.10.

(Ord. 08-039(AM), § 2 (part), 2008)