Utah Code 17B-1-204. Request for service required before filing of petition — Request requirements
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(1) Except for a petition for the creation of an infrastructure financing district, a petition may not be filed until after:
Terms Used In Utah Code 17B-1-204
- 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
- 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- 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- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Request: means a request as described in Section
17B-1-204 . See Utah Code 17B-1-201- 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- Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
(1)(a) a request has been filed with:(1)(a)(i) the clerk of each county in whose unincorporated area any part of the proposed special district is located; and(1)(a)(ii) the clerk or recorder of each municipality in which any part of the proposed special district is located; and(1)(b) each county and municipality with which a request under Subsection (1)(a) is filed:(1)(b)(i) has adopted a resolution under Subsection17B-1-212 (1) indicating whether it will provide the requested service; or(1)(b)(ii) is considered to have declined to provide the requested service under Subsection17B-1-212 (2) or (3).(2) Each request under Subsection (1)(a) shall:(2)(a) ask the county or municipality to provide the service proposed to be provided by the proposed special district within the applicable area; and(2)(b) be signed by:(2)(b)(i) unless the request is a request to create a special district to acquire or assess a groundwater right under Section17B-1-202 , the owners of private real property that:(2)(b)(i)(A) is located within the proposed special district;(2)(b)(i)(B) covers at least 10% of the total private land area within the applicable area; and(2)(b)(i)(C) is equal in value to at least 7% of the value of all private real property within the applicable area;(2)(b)(ii) if the request is a request to create a special district to acquire or assess a groundwater right under Section17B-1-202 , the owners of groundwater rights that:(2)(b)(ii)(A) are diverted within the proposed special district; and(2)(b)(ii)(B) cover at least 10% of the amount of groundwater diverted in accordance with groundwater rights within the applicable area; or(2)(b)(iii) registered voters residing within the applicable area equal in number to at least 10% of the number of votes cast in the applicable area for the office of governor at the last general election prior to the filing of the request.(3) For purposes of Subsections (1) and (2), an area proposed to be annexed to a municipality in a petition under Section10-2-403 filed before and still pending at the time of filing of a petition shall be considered to be part of that municipality.