Effective 5/12/2020 17B-1-202. Local district may be created — Services that may be provided — Limitations. (1) (a) A local district may be created as provided in this part to provide within its boundaries service consisting of: (i) the operation of an airport; (ii) the operation of a cemetery; (iii) fire protection, paramedic, and emergency […]
Effective 5/9/2017 17B-1-203. Process to initiate the creation of a local district — Petition or resolution. (1) The process to create a local district may be initiated by: (a) unless the proposed local district is a local district to acquire or assess a groundwater right under Section 17B-1-202, and subject to Section 17B-1-204, a petition […]
17B-1-204. Request for service required before filing of petition — Request requirements. (1) A petition may not be filed until after: (a) a request has been filed with: (i) the clerk of each county in whose unincorporated area any part of the proposed local district is located; and (ii) the clerk or recorder of each […]
17B-1-205. Petition and request requirements — Withdrawal of signature. (1) Each petition and request shall: (a) indicate the typed or printed name and current residence address of each property owner, groundwater right owner, or registered voter signing the petition; (b) (i) if it is a property owner request or petition, indicate the address of the […]
17B-1-206. Request certification — Amended request. (1) Within 30 days after the filing of a request, the clerk of each county and the clerk or recorder of each municipality with which a request was filed shall: (a) with the assistance of other county or municipal officers from whom the clerk or recorder requests assistance, determine, […]
17B-1-207. Signature on request may be used on petition. A signature on a request may be used toward fulfilling the signature requirement of a petition: (1) if the request notifies the signer in conspicuous language that the signature, unless withdrawn, would also be used for purposes of a petition to create a local district; and […]
Effective 5/9/2017 17B-1-208. Additional petition requirements and limitations. (1) Each petition shall: (a) be filed with the responsible clerk; (b) 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 […]
17B-1-209. Petition certification — Amended petition. (1) No later than five days after the day on which a petition is filed, the responsible clerk shall mail a copy of the petition to the clerk of each other county and the clerk or recorder of each municipality in which any part of the proposed local district […]
17B-1-210. Public hearing. (1) The legislative body of each county and municipality with which a request is filed or that adopts a resolution under Subsection 17B-1-203(1)(d) and the board of trustees of each local district that adopts a resolution under Subsection 17B-1-203(1)(e) shall hold a public hearing or a set of public hearings, sufficient in […]
Effective 7/1/2021 17B-1-211. Notice of public hearings — Publication of resolution. (1) Before holding a public hearing or set of public hearings under Section 17B-1-210, the legislative body of each county or municipality with which a request is filed or that adopts a resolution under Subsection 17B-1-203(1)(d) and the board of trustees of each local […]
Effective 5/4/2022 17B-1-212. Resolution indicating whether the requested service will be provided. (1) (a) Within 60 days after the last hearing required under Section 17B-1-210 concerning a request, the legislative body of each county whose unincorporated area includes and the legislative body of each municipality whose boundaries include any part of the proposed local district […]
Effective 5/4/2022 17B-1-213. Protest after adoption of resolution — Adoption of resolution approving creation for certain districts. (1) For purposes of this section, “adequate protests” means protests that are: (a) filed with the county clerk, municipal clerk or recorder, or local district secretary or clerk, as the case may be, within 60 days after the […]
Effective 3/25/2017 17B-1-214. Election — Exceptions. (1) (a) Except as provided in Subsection (3) and in Subsection 17B-1-213(3)(a), an election on the question of whether the local district should be created shall be held by: (i) if the proposed local district is located entirely within a single county, the responsible clerk; or (ii) except as […]
Effective 5/13/2014 17B-1-215. Notice and plat to lieutenant governor — Recording requirements — Certificate of incorporation — Local district incorporated as specialized local district or basic local district — Effective date. (1) (a) Within the time specified in Subsection (1)(b), the responsible body shall file with the lieutenant governor: (i) a copy of a notice […]
17B-1-216. Costs and expenses of creating a local district. (1) Except as provided in Subsection (2), each county whose unincorporated area includes and each municipality whose boundaries include some or all of the proposed local district shall bear their respective costs and expenses associated with the procedure under this part for creating a local district. […]
17B-1-217. Activity required — Dissolution — Conclusive presumption regarding creation and existence. (1) A local district that is not engaged in one or more of the following activities, services, or duties is subject to dissolution in accordance with Subsections (5) and (6): (a) levying and collecting a tax; (b) providing a commodity or service; (c) […]