Utah Code 17B-1-504. Initiation of withdrawal process — Notice of petition
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(1) Except as provided in Section 17B-1-505 , the process to withdraw an area from a special district may be initiated:
Terms Used In Utah Code 17B-1-504
- 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
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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- 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- Taxable value: means the taxable value of property as computed from the most recent equalized assessment roll for county purposes. See Utah Code 17B-1-102
- Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
(1)(a) for a special district funded predominantly by revenues from property taxes or service charges other than those based upon acre-feet of water:(1)(a)(i) by a petition signed by the owners of private real property that:(1)(a)(i)(A) is located within the area proposed to be withdrawn;(1)(a)(i)(B) covers at least 51% of the total private land within the area proposed to be withdrawn; and(1)(a)(i)(C) is equal in taxable value to at least 51% of the taxable value of all private real property within the area proposed to be withdrawn;(1)(a)(ii) by a petition signed by registered voters residing within the area proposed to be withdrawn equal in number to at least 67% of the number of votes cast in the same area for the office of governor at the last regular general election before the filing of the petition;(1)(a)(iii) by a resolution adopted by the board of trustees of the special district in which the area proposed to be withdrawn is located, which:(1)(a)(iii)(A) states the reasons for withdrawal; and(1)(a)(iii)(B) is accompanied by a general description of the area proposed to be withdrawn; or(1)(a)(iv) by a resolution to file a petition with the special district to withdraw from the special district all or a specified portion of the area within a municipality or county, adopted by the governing body of a municipality that has within its boundaries an area located within the boundaries of a special district, or by the governing body of a county that has within its boundaries an area located within the boundaries of a special district that is located in more than one county, which petition of the governing body shall be filed with the board of trustees only if a written request to petition the board of trustees to withdraw an area from the special district has been filed with the governing body of the municipality, or county, and the request has been signed by registered voters residing within the boundaries of the area proposed for withdrawal equal in number to at least 51% of the number of votes cast in the same area for the office of governor at the last regular general election before the filing of the petition;(1)(b) for a special district whose board of trustees is elected by electors based on the acre-feet of water allotted to the land owned by the elector:(1)(b)(i) in the same manner as provided in Subsection (1)(a)(iii) or Subsection (1)(a)(iv); or(1)(b)(ii) by a petition signed by the owners of at least 67% of the acre-feet of water allotted to the land proposed to be withdrawn;(1)(c) for a special district funded predominantly by revenues other than property taxes, service charges, or assessments based upon an allotment of acre-feet of water:(1)(c)(i) in the same manner as provided in Subsection (1)(a)(iii) or Subsection (1)(a)(iv); or(1)(c)(ii) by a petition signed by the registered voters residing within the entire area proposed to be withdrawn, which area shall be comprised of an entire unincorporated area within the special district or an entire municipality within a special district, or a combination thereof, equal in number to at least 67% of the number of votes cast within the entire area proposed to be withdrawn for the office of governor at the last regular general election before the filing of the petition; or(1)(d) for an infrastructure financing district, by a petition signed by 100% of the owners of all surface property within the area proposed to be withdrawn.(2)(2)(a) Prior to soliciting any signatures on a petition under Subsection (1), the sponsors of the petition shall:(2)(a)(i) notify the special district board with which the petition is intended to be filed that the sponsors will be soliciting signatures for a petition; and(2)(a)(ii) mail a copy of the petition to the special district board.(2)(b) Subsection (2)(a) does not apply to a petition to withdraw an area from an infrastructure financing district.