17B-1-201. Definitions.

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

Effective 5/1/2024

As used in this part:

(1)"Applicable area" means:

(a)for a county, the unincorporated area of the county that is included within the proposed special district; or

(b)for a municipality, the area of the municipality that is included within the proposed special district.

(2)"Governing body" means:

(a)for a county or municipality, the legislative body of the county or municipality; and

(b)for a special district, the board of trustees of the special district.

(3)"Groundwater right owner petition" means a petition under Subsection 17B-1-203 (1)(c).

(4)"Groundwater right owner request" means a request under Section 17B-1-204 that is signed by owners of water rights as provided in Subsection 17B-1-204 (2)(b)(ii).

(5)"Initiating special district" means a special district that adopts a resolution proposing the creation of a special district under Subsection 17B-1-203 (1)(f).

(6)"Petition" means a petition under Subsection 17B-1-203 (1)(a), (b), (c), or (d).

(7)"Property owner petition" means a petition under Subsection 17B-1-203 (1)(a).

(8)"Property owner request" means a request under Section 17B-1-204 that is signed by owners of real property as provided in Subsection 17B-1-204 (2)(b)(i).

(9)"Registered voter request" means a request under Section 17B-1-204 that is signed by registered voters as provided in Subsection 17B-1-204 (2)(b)(iii).

(10)"Registered voter petition" means a petition under Subsection 17B-1-203 (1)(b).

(11)"Request" means a request as described in Section 17B-1-204 .

(12)"Responsible body" means the governing body of:

(a)the municipality in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single municipality;

(b)the county in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single county and all or part of the proposed special district is located within:

(i)the unincorporated part of the county; or

(ii)more than one municipality within the county;

(c)if the petition or resolution proposes the creation of a special district located within more than one county, the county whose boundaries include more of the area of the proposed special district than is included within the boundaries of any other county; or

(d)the initiating special district, if a resolution proposing the creation of a special district is adopted under Subsection 17B-1-203 (1)(f).

(13)"Responsible clerk" means:

(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

(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.

Amended by Chapter 388 , 2024 General Session