17B-1-1301. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 2/27/2023

For purposes of this part:

(1)"Active" means, with respect to a special district, that the district is not inactive.

(2)"Administrative body" means:

(a)if the special district proposed to be dissolved has a duly constituted board of trustees in sufficient numbers to form a quorum, the board of trustees; or

(b)except as provided in Subsection (2)(a) :

(i)for a special district located entirely within a single municipality, the legislative body of that municipality;

(ii)for a special district located in multiple municipalities within the same county or at least partly within the unincorporated area of a county, the legislative body of that county; or

(iii)for a special district located within multiple counties, the legislative body of the county whose boundaries include more of the special district than is included within the boundaries of any other county.

(3)"Clerk" means:

(a)the board of trustees if the board is also the administrative body under Subsection (2)(a) ;

(b)the clerk or recorder of the municipality whose legislative body is the administrative body under Subsection (2)(b)(i) ; or

(c)the clerk of the county whose legislative body is the administrative body under Subsection (2)(b)(ii) or

(iii).

(4)"Inactive" means, with respect to a special district, that during the preceding three years the district has not:

(a)provided any service or otherwise operated;

(b)received property taxes or user or other fees; and

(c)expended any funds.

(5)"Registered voter petition" means petition under Subsection 17B-1-1303(1)(a)(ii)(B) or 17B-1-1303(2)(c)(ii) .

Amended by Chapter 15 , 2023 General Session

Amended by Chapter 116 , 2023 General Session