(1) The process to create a special district may be initiated by:

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 17B-1-203

  • Applicable area: means :
         (1)(a) for a county, the unincorporated area of the county that is included within the proposed special district; or
         (1)(b) for a municipality, the area of the municipality that is included within the proposed special district. See Utah Code 17B-1-201
  • County legislative body: means :
         (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
         (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
         (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • Improvement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an entity that was created and operated as a county improvement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • 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
  • Initiating special district: means a special district that adopts a resolution proposing the creation of a special district under Subsection 17B-1-203(1)(f). See Utah Code 17B-1-201
  • 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
  • Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
  • Municipality: means a city or town. See Utah Code 17B-1-102
  • Petition: means a petition under Subsection 17B-1-203(1)(a), (b), (c), or (d). See Utah Code 17B-1-201
  • 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
  • Responsible body: means the governing body of:
         (12)(a) the municipality in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single municipality;
         (12)(b) the county in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single county and all or part of the proposed special district is located within:
              (12)(b)(i) the unincorporated part of the county; or
              (12)(b)(ii) more than one municipality within the county;
         (12)(c) if the petition or resolution proposes the creation of a special district located within more than one county, the county whose boundaries include more of the area of the proposed special district than is included within the boundaries of any other county; or
         (12)(d) the initiating special district, if a resolution proposing the creation of a special district is adopted under Subsection 17B-1-203(1)(f). See Utah Code 17B-1-201
  • Service area: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • 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
  • Specialized special district: means a special district that is a cemetery maintenance district, a drainage district, a fire protection district, an improvement district, an irrigation district, a metropolitan water district, a mosquito abatement district, a public transit district, a service area, a water conservancy district, a municipal services district, or an infrastructure financing district. 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
  • Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
     (1)(a) unless the proposed special district is a special district to acquire or assess a groundwater right under Section 17B-1-202, and subject to Section 17B-1-204, a petition signed by the owners of private real property that:

          (1)(a)(i) is located within the proposed special district;
          (1)(a)(ii) covers at least 33% of the total private land area within the proposed special district as a whole and within each applicable area;
          (1)(a)(iii) is equal in value to at least 25% of the value of all private real property within the proposed special district as a whole and within each applicable area; and
          (1)(a)(iv) complies with the requirements of Subsection 17B-1-205(1) and Section 17B-1-208;
     (1)(b) subject to Section 17B-1-204, a petition that:

          (1)(b)(i) is signed by registered voters residing within the proposed special district as a whole and within each applicable area, equal in number to at least 33% of the number of votes cast in the proposed special district as a whole and in each applicable area, respectively, for the office of governor at the last regular general election prior to the filing of the petition; and
          (1)(b)(ii) complies with the requirements of Subsection 17B-1-205(1) and Section 17B-1-208;
     (1)(c) if the proposed special district is a special district to acquire or assess a groundwater right under Section 17B-1-202, and subject to Section 17B-1-204, a petition signed by the owners of groundwater rights that:

          (1)(c)(i) are diverted within the proposed special district;
          (1)(c)(ii) cover at least 33% of the total amount of groundwater diverted in accordance with groundwater rights within the proposed special district as a whole and within each applicable area; and
          (1)(c)(iii) comply with the requirements of Subsection 17B-1-205(1) and Section 17B-1-208;
     (1)(d) for the creation of an infrastructure financing district, a petition signed by 100% of the owners of surface property within the applicable area;
     (1)(e) a resolution proposing the creation of a special district, adopted by the legislative body of each county whose unincorporated area, whether in whole or in part, includes and each municipality whose boundaries include any of the proposed special district; or
     (1)(f) a resolution proposing the creation of a special district, adopted by the board of trustees of an existing special district whose boundaries completely encompass the proposed special district, if:

          (1)(f)(i) the proposed special district is being created to provide one or more components of the same service that the initiating special district is authorized to provide; and
          (1)(f)(ii) the initiating special district is not providing to the area of the proposed special district any of the components that the proposed special district is being created to provide.
(2)

     (2)(a) Each resolution under Subsection (1)(e) or (f) shall:

          (2)(a)(i) describe the area proposed to be included in the proposed special district;
          (2)(a)(ii) be accompanied by a map that shows the boundaries of the proposed special district;
          (2)(a)(iii) describe the service proposed to be provided by the proposed special district;
          (2)(a)(iv) if the resolution proposes the creation of a specialized special district, specify the type of specialized special district proposed to be created;
          (2)(a)(v) explain the anticipated method of paying the costs of providing the proposed service;
          (2)(a)(vi) state the estimated average financial impact on a household within the proposed special district;
          (2)(a)(vii) state the number of members that the board of trustees of the proposed special district will have, consistent with the requirements of Subsection 17B-1-302(8);
          (2)(a)(viii) for a proposed basic special district:

               (2)(a)(viii)(A) state whether the members of the board of trustees will be elected or appointed or whether some members will be elected and some appointed, as provided in Section 17B-1-1402;
               (2)(a)(viii)(B) if one or more members will be elected, state the basis upon which each elected member will be elected; and
               (2)(a)(viii)(C) if applicable, explain how the election or appointment of board members will transition from one method to another based on stated milestones or events, as provided in Section 17B-1-1402;
          (2)(a)(ix) for a proposed improvement district whose remaining area members or county members, as those terms are defined in Section 17B-2a-404, are to be elected, state that those members will be elected; and
          (2)(a)(x) for a proposed service area that is entirely within the unincorporated area of a single county, state whether the initial board of trustees will be:

               (2)(a)(x)(A) the county legislative body;
               (2)(a)(x)(B) appointed as provided in Section 17B-1-304; or
               (2)(a)(x)(C) elected as provided in Section 17B-1-306.
     (2)(b) Each county or municipal legislative body adopting a resolution under Subsection (1)(e) shall, on or before the first public hearing under Section 17B-1-210, mail or deliver a copy of the resolution to the responsible body if the county or municipal legislative body’s resolution is one of multiple resolutions adopted by multiple county or municipal legislative bodies proposing the creation of the same special district.
  Previous section
Next section  
 Part 2 Contents