(1) Each petition and request shall:

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Terms Used In Utah Code 17B-1-205

  • 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
  • Groundwater right owner petition: means a petition under Subsection 17B-1-203(1)(c). See Utah Code 17B-1-201
  • Groundwater right owner request: means a request under Section 17B-1-204 that is signed by owners of water rights as provided in Subsection 17B-1-204(2)(b)(ii). See Utah Code 17B-1-201
  • 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
  • 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property owner request: means a request under Section 17B-1-204 that is signed by owners of real property as provided in Subsection 17B-1-204(2)(b)(i). See Utah Code 17B-1-201
  • Registered voter petition: means a petition under Subsection 17B-1-203(1)(b). See Utah Code 17B-1-201
  • Registered voter request: means a request under Section 17B-1-204 that is signed by registered voters as provided in Subsection 17B-1-204(2)(b)(iii). See Utah Code 17B-1-201
  • Request: means a request as described in Section 17B-1-204. See Utah Code 17B-1-201
  • Responsible clerk: means :
         (13)(a) except as provided in Subsection (13)(b), the clerk of the county or the clerk or recorder of the municipality whose legislative body is the responsible body; or
         (13)(b) for the proposed creation of an infrastructure financing district, the clerk of the county in which the majority of the acreage within the boundary of the proposed infrastructure financing district is located. 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
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. 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
  • 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) indicate the typed or printed name and current residence address of each property owner, groundwater right owner, or registered voter signing the petition;
     (1)(b)

          (1)(b)(i) if it is a property owner request or petition, indicate the address of the property as to which the owner is signing the request or petition; or
          (1)(b)(ii) if it is a groundwater right owner request or petition, indicate the location of the diversion of the groundwater as to which the owner is signing the groundwater right owner request or petition;
     (1)(c) describe the entire area of the proposed special district;
     (1)(d) be accompanied by a map showing the boundaries of the entire proposed special district;
     (1)(e) specify the service proposed to be provided by the proposed special district;
     (1)(f) if the petition or request proposes the creation of a specialized special district, specify the type of specialized special district proposed to be created;
     (1)(g) for a proposed basic special district:

          (1)(g)(i) 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;
          (1)(g)(ii) if one or more members will be elected, state the basis upon which each elected member will be elected; and
          (1)(g)(iii) 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;
     (1)(h) 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;
     (1)(i) 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:

          (1)(i)(i) the county legislative body;
          (1)(i)(ii) appointed as provided in Section 17B-1-304; or
          (1)(i)(iii) elected as provided in Section 17B-1-306;
     (1)(j) designate up to five signers of the petition or request as sponsors, one of whom shall be designated as the contact sponsor, with the mailing address and telephone number of each;
     (1)(k) if the petition or request is a groundwater right owner petition or request proposing the creation of a special district to acquire a groundwater right under Section 17B-1-202, explain the anticipated method:

          (1)(k)(i) of paying for the groundwater right acquisition; and
          (1)(k)(ii) of addressing blowing dust created by the reduced use of water;
     (1)(l) if the petition or request is a groundwater right owner petition or request proposing the creation of a special district to assess a groundwater right under Section 17B-1-202, explain the anticipated method:

          (1)(l)(i) of assessing the groundwater right and securing payment of the assessment; and
          (1)(l)(ii) of addressing blowing dust created by the reduced use of water; and
     (1)(m) for a proposed infrastructure financing district:

          (1)(m)(i) state whether the members of the board of trustees will be elected or appointed or whether some members will be elected and some appointed;
          (1)(m)(ii) if one or more members will be elected, state the basis upon which each elected member will be elected;
          (1)(m)(iii) explain how appointed board member positions will transition to elected board member positions based on stated milestones or events, as provided in Section 17B-2a-1303;
          (1)(m)(iv) state whether divisions will be established within the boundary of the infrastructure financing district so that some or all board members represent a division rather than the district at large and, if so, describe the boundary of each division; and
          (1)(m)(v) if applicable, be accompanied by the governing document prepared according to Section 17B-2a-1303.
(2)

     (2)(a) Subject to Subsection (2)(b), a signer of a request or petition may withdraw or, once withdrawn, reinstate the signer’s signature at any time before the filing of the request or petition by filing a written withdrawal or reinstatement with:

          (2)(a)(i) in the case of a request:

               (2)(a)(i)(A) the clerk of the county or the clerk or recorder of the municipality in whose applicable area the signer’s property is located, if the request is a property owner request;
               (2)(a)(i)(B) the clerk of the county or the clerk or recorder of the municipality in whose applicable area the signer’s groundwater diversion point is located, if the request is a groundwater right owner request; or
               (2)(a)(i)(C) the clerk of the county or the clerk or recorder of the municipality in whose applicable area the signer resides, if the request is a registered voter request; or
          (2)(a)(ii) in the case of a petition, the responsible clerk.
     (2)(b) The time for a signer of a petition for the creation of an infrastructure financing district to withdraw or reinstate the signer’s signature is any time before the petition is certified under Section 17B-1-209.
(3)

     (3)(a) A clerk of the county who receives a timely, valid written withdrawal or reinstatement from a signer of a registered voter request or registered voter petition shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove or reinstate the individual’s signature.
     (3)(b) If a municipal clerk or recorder receives a timely, valid written withdrawal or reinstatement from a signer of a registered voter request or registered voter petition, the clerk of the municipality’s county shall assist the municipal clerk or recorder with determining whether to remove or reinstate the individual’s signature using the procedures described in Subsection 20A-1-1003(3).
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