17B-1-1309. Election to dissolve an active special district.
(1)
When an administrative body adopts a resolution to initiate a dissolution election under Subsection 17B-1-1308(1)(b)(ii), an election shall be held on the question of whether the special district should be dissolved by:
Terms Used In Utah Code 17B-1-1309
Irrigation district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that was created and operated as an irrigation district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Municipality: means a city, town, or metro township. See Utah Code 17B-1-102
Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
(a)
if the special district proposed to be dissolved is located entirely within a single county, the special district clerk, in cooperation with the county clerk; or
(b)
if the special district proposed to be dissolved is located within more than one county, in cooperation with the special district clerk:
(i)
the clerk of each county where part of the special district is located in more than one municipality or in an unincorporated area within the same county;
(ii)
the clerk or recorder of each municipality where part of the special district is not located in another municipality or in an unincorporated area within the same county; and
(iii)
the clerk of each county where part of the special district is located only in an unincorporated area within the county.
(2)
Each election under Subsection (1) shall be held at the next special or regular general election that is more than 60 days after the day on which the administrative body adopts a resolution in accordance with Section 17B-1-1308.
(3)
(a)
If the special district proposed to be dissolved is located in more than one county, the special district clerk shall coordinate with the officials described in Subsection (1)(b) to ensure 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 special district clerk in holding the election.
(4)
If the special district proposed to be dissolved is an irrigation district under 5:
(a)
the electors shall consist of the landowners whose land has allotments of water through the district; and
(b)
each elector may cast one vote for each acre-foot or fraction of an acre-foot of water allotted to the land the elector owns within the district.
(5)
If the special district proposed to be dissolved is a district created to acquire or assess a groundwater right for the development and execution of a groundwater management plan in accordance with Section 73-5-15:
(a)
the electors shall consist of the owners of groundwater rights within the district; and
(b)
each elector may cast one vote for each acre-foot or fraction of an acre-foot of groundwater that is within the district and reflected in the elector’s water right.
(6)
If the special district proposed to be dissolved is a basic special district, except for a district described in Subsection (5), and if the area of the basic special district contains less than one residential unit per 50 acres of land at the time of the filing of a petition described in Subsection 17B-1-1303(2):
(a)
the electors shall consist of the owners of privately owned real property within a basic special district under 14; and
(b)
each elector may cast one vote for each acre or fraction of an acre of land that the elector owns within the district.
(7)
Except as otherwise provided in this part, Title 20A, Election Code, governs each election under Subsection (1).
