17B-1-214. Election -- Exceptions.

788 words·~4 min read·/ut/title-17b/chapter-1/17b-1-214

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Effective 5/1/2024

(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:

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

(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.

(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:

(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

(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:

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

(i)is located within the proposed special district;

(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

(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;

(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;

(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:

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

(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;

(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:

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

(ii)consists of an area that:

(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;

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

(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);

(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;

(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);

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

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

(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.

(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.

(c)Except as otherwise provided in this part, each election under Subsection

(1)shall be governed by Title 20A, Election Code.

Amended by Chapter 388 , 2024 General Session