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:
Terms Used In Utah Code 17B-1-213
Applicable area: means :
(a)
for a county, the unincorporated area of the county that is included within the proposed special district; or
(b)
for a municipality, the area of the municipality that is included within the proposed special district. See Utah Code 17B-1-201
Governing body: means :
(a)
for a county or municipality, the legislative body of the county or municipality; and
(b)
for a special district, the board of trustees of the special district. See Utah Code 17B-1-201
Initiating special district: means a special district that adopts a resolution proposing the creation of a special district under Subsection 17B-1-203(1)(e). See Utah Code 17B-1-201
the municipality in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single municipality;
(b)
the county in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single county and all or part of the proposed special district is located within:
(i)
the unincorporated part of the county; or
(ii)
more than one municipality within the county;
(c)
if the petition or resolution proposes the creation of a special district located within more than one county, the county whose boundaries include more of the area of the proposed special district than is included within the boundaries of any other county; or
(d)
the initiating special district, if a resolution proposing the creation of a special district is adopted under Subsection 17B-1-203(1)(e). See Utah Code 17B-1-201
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
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
filed with the county clerk, municipal clerk or recorder, or special district secretary or clerk, as the case may be, within 60 days after the last public hearing required under Section 17B-1-210; and
(b)
signed by:
(i)
the owners of private real property that:
(A)
is located within the proposed special district;
(B)
covers at least 25% of the total private land area within the applicable area; and
(C)
is equal in value to at least 15% of the value of all private real property within the applicable area; or
(ii)
registered voters residing within the applicable area equal in number to at least 25% of the number of votes cast in the applicable area for the office of president of the United States at the most recent election prior to the adoption of the resolution.
(2)
An owner may withdraw a protest at any time before the expiration of the 60-day period described in Subsection (1)(a).
(3)
If adequate protests are filed, the governing body that adopted a resolution under Subsection 17B-1-203(1)(d) or (e):
(a)
may not:
(i)
hold or participate in an election under Subsection 17B-1-214(1) with respect to the applicable area;
(ii)
take any further action under the protested resolution to create a special district or include the applicable area in a special district; or
(iii)
for a period of two years, adopt a resolution under Subsection 17B-1-203(1)(d) or (e) proposing the creation of a special district including substantially the same area as the applicable area and providing the same service as the proposed special district in the protested resolution; and
(b)
shall, within five days after receiving adequate protests, mail or deliver written notification of the adequate protests to the responsible body.
(4)
Subsection (3)(a) may not be construed to prevent an election from being held for a proposed special district whose boundaries do not include an applicable area that is the subject of adequate protests.
(5)
(a)
If adequate protests are not filed with respect to a resolution proposing the creation of a special district for which an election is not required under Subsection 17B-1-214(3)(d), (e), (f), or (g), a resolution approving the creation of the special district shall be adopted by:
(i)
(A)
the legislative body of a county whose unincorporated area is included within the proposed special district; and
(B)
the legislative body of a municipality whose area is included within the proposed special district; or
(ii)
the board of trustees of the initiating special district.
(b)
Each resolution adopted under Subsection (5)(a) shall:
(i)
describe the area included in the special district;
(ii)
be accompanied by a map that shows the boundaries of the special district;
(iii)
describe the service to be provided by the special district;
(iv)
state the name of the special district; and
(v)
provide a process for the appointment of the members of the initial board of trustees.
