(1) |
The process to create a special service district is initiated by:
Terms Used In Utah Code 17D-1-203- Person: means :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Special service district: means a limited purpose local government entity, as described in Section 17D-1-103, that:
(a) | is created under authority of the Utah Constitution Article XI, Section 7; and |
(b) | operates under, is subject to, and has the powers set forth in this chapter. See Utah Code 17D-1-102 |
(a) |
the legislative body of a county or municipality that proposes to create a special service district adopting a resolution that:
(i) |
declares that the public health, convenience, and necessity require the creation of a special service district; |
(ii) |
indicates the legislative body’s intent to create a special service district; and |
(iii) |
complies with the requirements of Subsection (3); or |
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(b) |
the filing of a petition that:
(i) |
proposes the creation of a special service district; |
(ii) |
complies with the requirements of Subsections (2) and (3); and |
(iii) |
is filed with the legislative body of the county or municipality in whose boundary the proposed special service district is located. |
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(2) |
Each petition under Subsection (1)(b) shall:
(a) |
be signed by:
(i) |
the owners of at least 10% of the taxable value of taxable property within the proposed special service district; or |
(ii) |
at least 10% of the registered voters residing within the proposed special service district; and |
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(b) |
indicate:
(i) |
the residence address of each person who signs the petition; and |
(ii) |
if the person signs the petition as a property owner, the address or other description of the person’s property sufficient to identify the property. |
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(3) |
Each resolution under Subsection (1)(a) and petition under Subsection (1)(b) shall:
(a) |
describe the boundaries of the proposed special service district; |
(b) |
specify each service that the special service district is proposed to provide; and |
(c) |
designate a name for the proposed special service district. |
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Enacted by Chapter 360, 2008 General Session
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