17B-1-208. Additional petition requirements and limitations.

521 words·~2 min read·/ut/title-17b/chapter-1/17b-1-208

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

Effective 5/1/2024

(a)Each petition shall:

(i)be filed with the responsible clerk;

(ii)separately group signatures by county and municipality, so that all signatures of the owners of real property located within or of registered voters residing within each county whose unincorporated area includes and each municipality whose boundaries include part of the proposed special district are grouped separately; and

(A)state the number of members that the board of trustees of the proposed special district will have, consistent with the requirements of Subsection 17B-1-302(8) ; and

(B)for a petition proposing the creation of an infrastructure financing district, include the name and address of each of the proposed board members.

(i)A petition for the creation of an infrastructure financing district shall state the name of the proposed infrastructure financing district.

(ii)The name of an infrastructure financing district shall include the phrase "infrastructure financing district."

(c)A petition for the creation of an infrastructure financing district shall be accompanied by a written statement, signed by an engineer licensed under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, certifying that the estimated cost of the public infrastructure and improvements to be constructed in the proposed infrastructure financing district exceeds $1,000,000.

(a)A petition may not propose the creation of a special district that includes an area located within the unincorporated part of a county or within a municipality if the legislative body of that county or municipality has adopted a resolution under Subsection 17B-1-212

(1)indicating that the county or municipality will provide to that area the service proposed to be provided by the proposed special district.

(b)Subsection (2)(a) does not apply if the county or municipal legislative body is considered to have declined to provide the requested service under Subsection 17B-1-212 (3).

(c)Subsection (2)(a) may not be construed to prevent the filing of a petition that proposes the creation of a special district whose area excludes that part of the unincorporated area of a county or that part of a municipality to which the county or municipality has indicated, in a resolution adopted under Section 17B-1-212 , it will provide the requested service.

(3)A petition may not propose the creation of a special district whose area includes:

(a)some or all of an area described in a previously filed petition that, subject to Subsection 17B-1-202 (4)(b):

(i)proposes the creation of a special district to provide the same service as proposed by the later filed petition; and

(ii)is still pending at the time the later petition is filed; or

(b)some or all of an area within a political subdivision that provides in that area the same service proposed to be provided by the proposed special district.

(4)A petition may not be filed more than 12 months after a county or municipal legislative body declines to provide the requested service under Subsection 17B-1-212

(1)or is considered to have declined to provide the requested service under Subsection 17B-1-212

(2)or (3).

Amended by Chapter 388 , 2024 General Session