Utah Code 17B-1-1303. Initiation of dissolution process
Current as of: 2024 | Check for updates
|
Other versions
The process to dissolve a special district may be initiated by:
(1) for an inactive special district:
Terms Used In Utah Code 17B-1-1303
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Infrastructure financing district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes :
(31)(a) land;(31)(b) a tenement;(31)(c) a hereditament;(31)(d) a water right;(31)(e) a possessory right; and(31)(f) a claim. See Utah Code 68-3-12.5- Special district: means a limited purpose local government entity, as described in Section
17B-1-103 , that operates under, is subject to, and has the powers described in:(31)(a) this chapter; or(31)(b)(31)(b)(i) this chapter; and(31)(b)(ii)(31)(b)(ii)(A) Chapter 2a, Part 1, Cemetery Maintenance District Act;(31)(b)(ii)(B) Chapter 2a, Part 2, Drainage District Act;(31)(b)(ii)(C) Chapter 2a, Part 3, Fire Protection District Act;(31)(b)(ii)(D) Chapter 2a, Part 4, Improvement District Act;(31)(b)(ii)(E) Chapter 2a, Part 5, Irrigation District Act;(31)(b)(ii)(F) Chapter 2a, Part 6, Metropolitan Water District Act;(31)(b)(ii)(G) Chapter 2a, Part 7, Mosquito Abatement District Act;(31)(b)(ii)(H) Chapter 2a, Part 8, Public Transit District Act;(31)(b)(ii)(I) Chapter 2a, Part 9, Service Area Act;(31)(b)(ii)(J) Chapter 2a, Part 10, Water Conservancy District Act;(31)(b)(ii)(K) Chapter 2a, Part 11, Municipal Services District Act; or(31)(b)(ii)(L) Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a)(1)(a)(i) for a special district whose board of trustees is elected by electors based on the acre-feet of water allotted to the land owned by the elector, a petition signed by the owners of 25% of the acre-feet of water allotted to the land within the special district; or(1)(a)(ii) for all other districts:(1)(a)(ii)(A) a petition signed by the owners of private real property that:(1)(a)(ii)(A)(I) is located within the special district proposed to be dissolved;(1)(a)(ii)(A)(II) covers at least 25% of the private land area within the special district; and(1)(a)(ii)(A)(III) is equal in assessed value to at least 25% of the assessed value of all private real property within the special district; or(1)(a)(ii)(B) a petition signed by registered voters residing within the special district proposed to be dissolved equal in number to at least 25% of the number of votes cast in the district for the office of governor at the last regular general election before the filing of the petition; or(1)(b) a resolution adopted by the administrative body;(2) for an active special district, a petition signed by:(2)(a) for a special district whose board of trustees is elected by electors based on the acre-feet of water allotted to the land owned by the elector, the owners of 33% of the acre-feet of water allotted to the land within the special district;(2)(b) for a special district created to acquire or assess a groundwater right for the development and execution of a groundwater management plan in coordination with the state engineer in accordance with Section73-5-15 , the owners of groundwater rights that:(2)(b)(i) are diverted within the district; and(2)(b)(ii) cover at least 33% of the total amount of groundwater diverted in accordance with the groundwater rights within the district as a whole; or(2)(c) for all other districts:(2)(c)(i) the owners of private real property that:(2)(c)(i)(A) is located within the special district proposed to be dissolved;(2)(c)(i)(B) covers at least 33% of the private land area within the special district; and(2)(c)(i)(C) is equal in assessed value to at least 25% of the assessed value of all private real property within the special district; or(2)(c)(ii) 33% of registered voters residing within the special district proposed to be dissolved; or(3) for an infrastructure financing district, a resolution adopted by the board of trustees.