50-60-314. Special election required -- notice -- termination of certain municipal jurisdictional areas. (1) No later than December 31, 2001, the county commissioners of a county in which a municipal jurisdictional area, as defined in 50-60-101, has been established beyond the corporate limits of a municipality before May 1, 2001, shall submit the question of the continuation of the jurisdictional area beyond the corporate limits of the municipality to a vote by the record owners of real property within the jurisdictional area beyond those limits. The election required by this section must be a special election conducted by mail ballot election as defined in 13-19-102.
     (2) The election required by subsection (1) must be initiated by the board of county commissioners by a resolution of the board pursuant to 13-19-202 directed to the county election administrator. The election must be conducted in accordance with Title 13, chapter 19, except to the extent that those provisions conflict with the provisions of this section, in which case the provisions of this section apply.
     (3) Notice of the election must be given by the county election administrator by publishing a notice at least once in a newspaper of general circulation in the county in which the election is held. The notice must be published at least 15 days before and no more than 45 days before the election is to be held. The notice must contain a clear synopsis of the building code then in effect within the municipal jurisdictional area beyond the corporate limits of the municipality, a description or map of the area outside the corporate limits of the municipality to which that code applies, the fees charged for permits issued for that area, and the effect of a majority vote for and a majority vote against continuation of the municipal jurisdictional area beyond the corporate limits of the municipality.
     (4) If a majority of those persons returning the mail ballots vote in favor of retention of the municipal jurisdictional area beyond the corporate limits of the municipality, the area must continue in existence as provided in law. If a majority of those persons returning the ballots vote against retention of the municipal jurisdictional area beyond the corporate limits of the municipality, that area is terminated on the day on which the board of county canvassers declares the results of the election.
     (5) If a municipal jurisdictional area beyond the corporate limits of a municipality is terminated pursuant to this section, the following provisions apply to that area on and after the date of termination:
     (a) A building permit issued by a municipality before the termination of the area is valid and enforceable by the municipality issuing the permit.
     (b) A building permit may not be issued for the area.
     (c) A municipality may not request and the department of labor and industry may not approve the creation of a municipal jurisdictional area beyond the corporate limits of the municipality.
     (6) This section does not apply to county jurisdictional areas designated pursuant to 50-60-310.

     History: En. Sec. 8, Ch. 546, L. 2001; amd. Sec. 221(1), Ch. 483, L. 2001.