Utah Code 17B-1-208. Additional petition requirements and limitations
Current as of: 2024 | Check for updates
|
Other versions
(1)
Terms Used In Utah Code 17B-1-208
- 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
- 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- Political subdivision: means a county, city, town, special district under this title, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 17B-1-102
- 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- 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
- Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
(1)(a) Each petition shall:(1)(a)(i) be filed with the responsible clerk;(1)(a)(ii) separately group signatures by county and municipality, so that all signatures of the owners of real property located within or of registered voters residing within each county whose unincorporated area includes and each municipality whose boundaries include part of the proposed special district are grouped separately; and(1)(a)(iii)(1)(a)(iii)(A) state the number of members that the board of trustees of the proposed special district will have, consistent with the requirements of Subsection17B-1-302(8) ; and(1)(a)(iii)(B) for a petition proposing the creation of an infrastructure financing district, include the name and address of each of the proposed board members.(1)(b)(1)(b)(i) A petition for the creation of an infrastructure financing district shall state the name of the proposed infrastructure financing district.(1)(b)(ii) The name of an infrastructure financing district shall include the phrase “infrastructure financing district.”(1)(c) A petition for the creation of an infrastructure financing district shall be accompanied by a written statement, signed by an engineer licensed under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, certifying that the estimated cost of the public infrastructure and improvements to be constructed in the proposed infrastructure financing district exceeds $1,000,000.(2)(2)(a) A petition may not propose the creation of a special district that includes an area located within the unincorporated part of a county or within a municipality if the legislative body of that county or municipality has adopted a resolution under Subsection17B-1-212 (1) indicating that the county or municipality will provide to that area the service proposed to be provided by the proposed special district.(2)(b) Subsection (2)(a) does not apply if the county or municipal legislative body is considered to have declined to provide the requested service under Subsection17B-1-212 (3).(2)(c) Subsection (2)(a) may not be construed to prevent the filing of a petition that proposes the creation of a special district whose area excludes that part of the unincorporated area of a county or that part of a municipality to which the county or municipality has indicated, in a resolution adopted under Section17B-1-212 , it will provide the requested service.(3) A petition may not propose the creation of a special district whose area includes:(3)(a) some or all of an area described in a previously filed petition that, subject to Subsection17B-1-202 (4)(b):(3)(a)(i) proposes the creation of a special district to provide the same service as proposed by the later filed petition; and(3)(a)(ii) is still pending at the time the later petition is filed; or(3)(b) some or all of an area within a political subdivision that provides in that area the same service proposed to be provided by the proposed special district.(4) A petition may not be filed more than 12 months after a county or municipal legislative body declines to provide the requested service under Subsection17B-1-212 (1) or is considered to have declined to provide the requested service under Subsection17B-1-212 (2) or (3).