If the incorporation vote is successful, will the existing parks and open space immediately transfer to the new city?
An incorporation that is a complete overlap of the Districts boundaries does not automatically result in the transfer of any district property to the municipality. All parks and open space owned by the District will remain owned by the District. The overlapping boundaries may create other issues that could call into question the practicality of the District retaining such ownership. So long as the District remains in existence, however, there will be nothing compelling the District to transfer any property or assets to the municipality. The District has the power to sell or otherwise transfer its property. With the overlapping boundaries and potential for duplication of services (and taxes), the newly created municipality could seek the municipal exclusion from the District, which would essentially create an empty shell for the District. If there was any remaining function of the District after the exclusion, a negotiated plan or court order would determine what is fair and equitable a
