Utah Code 17B-1-212. Resolution indicating whether the requested service will be provided
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(1)
Terms Used In Utah Code 17B-1-212
- 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
- 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) Within 60 days after the last hearing required under Section 17B-1-210 concerning a request, the legislative body of each county whose unincorporated area includes and the legislative body of each municipality whose boundaries include any part of the proposed special district shall adopt a resolution indicating whether the county or municipality will provide to the area of the proposed special district within its boundaries the service proposed to be provided by the proposed special district.(1)(b) If a county or municipality adopts a resolution indicating that the county or municipality will provide the service proposed to be provided by the proposed special district under Subsection (1)(a), the resolution shall include a reasonable timeline for the county or municipality to begin providing the service.(2) If the legislative body of a county or municipality fails to adopt a resolution within the time provided under Subsection (1), the county or municipal legislative body shall be considered to have declined to provide the service requested and to have consented to the creation of the special district.(3) If the county or municipality adopts a resolution under Subsection (1) indicating that it will provide the requested service but does not, within 120 days after the adoption of that resolution, take substantial measures to provide the requested service, the county or municipal legislative body shall be considered to have declined to provide the requested service.(4) Each county or municipality that adopts a resolution under Subsection (1) indicating that it will provide the requested service:(4)(a) shall diligently proceed to take all measures necessary to provide the service; and(4)(b) if the county or municipality fails to timely provide the requested service, the county or municipality will be considered to have declined to provide the service and the creation of the special district may proceed accordingly.