Improvement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an entity that was created and operated as a county improvement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Responsible clerk: means the clerk of the county or the clerk or recorder of the municipality whose legislative body is the responsible body. See Utah Code 17B-1-201
Service area: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
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:
Specialized special district: means a special district that is a cemetery maintenance district, a drainage district, a fire protection district, an improvement district, an irrigation district, a metropolitan water district, a mosquito abatement district, a public transit district, a service area, a water conservancy district, a municipal services district, or a public infrastructure district. See Utah Code 17B-1-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
(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 property as to which the owner is signing the request or petition; or
(ii)
if it is a groundwater right owner request or petition, indicate the location of the diversion of the groundwater as to which the owner is signing the groundwater right owner request or petition;
(c)
describe the entire area of the proposed special district;
(d)
be accompanied by a map showing the boundaries of the entire proposed special district;
(e)
specify the service proposed to be provided by the proposed special district;
(f)
if the petition or request proposes the creation of a specialized special district, specify the type of specialized special district proposed to be created;
(g)
for a proposed basic special district:
(i)
state whether the members of the board of trustees will be elected or appointed or whether some members will be elected and some appointed, as provided in Section 17B-1-1402;
(ii)
if one or more members will be elected, state the basis upon which each elected member will be elected; and
(iii)
if applicable, explain how the election or appointment of board members will transition from one method to another based on stated milestones or events, as provided in Section 17B-1-1402;
(h)
for a proposed improvement district whose remaining area members or county members, as those terms are defined in Section 17B-2a-404, are to be elected, state that those members will be elected; and
(i)
for a proposed service area that is entirely within the unincorporated area of a single county, state whether the initial board of trustees will be:
designate up to five signers of the petition or request as sponsors, one of whom shall be designated as the contact sponsor, with the mailing address and telephone number of each;
(k)
if the petition or request is a groundwater right owner petition or request proposing the creation of a special district to acquire a groundwater right under Section 17B-1-202, explain the anticipated method:
(i)
of paying for the groundwater right acquisition; and
(ii)
of addressing blowing dust created by the reduced use of water; and
(l)
if the petition or request is a groundwater right owner petition or request proposing the creation of a special district to assess a groundwater right under Section 17B-1-202, explain the anticipated method:
(i)
of assessing the groundwater right and securing payment of the assessment; and
(ii)
of addressing blowing dust created by the reduced use of water.
(2)
A signer of a request or petition may withdraw or, once withdrawn, reinstate the signer’s signature at any time before the filing of the request or petition by filing a written withdrawal or reinstatement with:
(a)
in the case of a request:
(i)
the clerk of the county or the clerk or recorder of the municipality in whose applicable area the signer’s property is located, if the request is a property owner request;
(ii)
the clerk of the county or the clerk or recorder of the municipality in whose applicable area the signer’s groundwater diversion point is located, if the request is a groundwater right owner request; or
(iii)
the clerk of the county or the clerk or recorder of the municipality in whose applicable area the signer resides, if the request is a registered voter request; or
(b)
in the case of a petition, the responsible clerk.
(3)
(a)
A clerk of the county who receives a timely, valid written withdrawal or reinstatement from a signer of a registered voter request or registered voter petition shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove or reinstate the individual’s signature.
(b)
If a municipal clerk or recorder receives a timely, valid written withdrawal or reinstatement from a signer of a registered voter request or registered voter petition, the clerk of the municipality’s county shall assist the municipal clerk or recorder with determining whether to remove or reinstate the individual’s signature using the procedures described in Subsection 20A-1-1003(3).
Amended by Chapter 15, 2023 General Session Amended by Chapter 116, 2023 General Session
