Utah Code 17B-1-214. Election — Exceptions

(1)

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Terms Used In Utah Code 17B-1-214

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
Groundwater right owner petition: means a petition under Subsection 17B-1-203(1)(c). See Utah Code 17B-1-201
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
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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
Municipal services district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 11, Municipal Services District Act. 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
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: includes :
     (31)(a) land;
     (31)(b) a tenement;
     (31)(c) a hereditament;
     (31)(d) a water right;
     (31)(e) a possessory right; and
     (31)(f) a claim. See Utah Code 68-3-12.5
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
Unincorporated: means not included within a municipality. See Utah Code 17B-1-102

(1)(a) Except as provided in Subsection (3) and in Subsection 17B-1-213(3)(a), an election on the question of whether the special district should be created shall be held by:

(1)(a)(i) if the proposed special district is located entirely within a single county, the responsible clerk; or

(1)(a)(ii) except as provided under Subsection (1)(b), if the proposed special district is located within more than one county, the clerk of each county in which part of the proposed special district is located, in cooperation with the responsible clerk.

(1)(b) Notwithstanding Subsection (1)(a)(ii), if the proposed special district is located within more than one county and the only area of a county that is included within the proposed special district is located within a single municipality, the election for that area shall be held by the municipal clerk or recorder, in cooperation with the responsible clerk.

(2) Each election under Subsection (1) shall be held at the next special or regular general election date that is:

(2)(a) for an election pursuant to a property owner or registered voter petition, more than 45 days after certification of the petition under Subsections 17B-1-209(3)(a), (b), and (c); or

(2)(b) for an election pursuant to a resolution, more than 60 days after the latest hearing required under Section 17B-1-210.

(3) The election requirement of Subsection (1) does not apply to:

(3)(a) a petition filed under Subsection 17B-1-203(1)(a) if it contains the signatures of the owners of private real property that:

(3)(a)(i) is located within the proposed special district;

(3)(a)(ii) covers at least 67% of the total private land area within the proposed special district as a whole and within each applicable area; and

(3)(a)(iii) is equal in value to at least 50% of the value of all private real property within the proposed special district as a whole and within each applicable area;

(3)(b) a petition filed under Subsection 17B-1-203(1)(b) if it contains the signatures of registered voters residing within the proposed special district as a whole and within each applicable area, equal in number to at least 67% 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 general election prior to the filing of the petition;

(3)(c) a groundwater right owner petition filed under Subsection 17B-1-203(1)(c) if the petition contains the signatures of the owners of groundwater rights that:

(3)(c)(i) are diverted within the proposed special district; and

(3)(c)(ii) cover at least 67% 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;

(3)(d) a resolution adopted under Subsection 17B-1-203(1)(e) on or after May 5, 2003, that proposes the creation of a special district to provide fire protection, paramedic, and emergency services or law enforcement service, if the proposed special district:

(3)(d)(i) includes the unincorporated area, whether in whole or in part, of one or more counties; or

(3)(d)(ii) consists of an area that:

(3)(d)(ii)(A) has a boundary that is the same as the boundary of the municipality whose legislative body adopts the resolution proposing the creation of the special district;

(3)(d)(ii)(B) previously received fire protection, paramedic, and emergency services or law enforcement service from another special district; and

(3)(d)(ii)(C) may be withdrawn from the other special district under Section 17B-1-505 without an election because the withdrawal is pursuant to an agreement under Subsection 17B-1-505(5)(a)(ii)(A) or (5)(b);

(3)(e) a resolution adopted under Subsection 17B-1-203(1)(e) or (f) if the resolution proposes the creation of a special district that has no registered voters within its boundaries;

(3)(f) a resolution adopted under Subsection 17B-1-203(1)(e) on or after May 11, 2010, that proposes the creation of a special district described in Subsection 17B-1-202(1)(a)(xiii);

(3)(g) a resolution adopted under Section 17B-2a-1105 to create a municipal services district; or

(3)(h) a petition for the creation of an infrastructure financing district.

(4)

(4)(a) If the proposed special district is located in more than one county, the responsible clerk shall coordinate with the clerk of each other county and the clerk or recorder of each municipality involved in an election under Subsection (1) so that the election is held on the same date and in a consistent manner in each jurisdiction.

(4)(b) The clerk of each county and the clerk or recorder of each municipality involved in an election under Subsection (1) shall cooperate with the responsible clerk in holding the election.

(4)(c) Except as otherwise provided in this part, each election under Subsection (1) shall be governed by Title 20A, Election Code.

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