Utah Code 17D-1-206. Protests

(1)

An interested person may protest:

Terms Used In Utah Code 17D-1-206

Adequate protests: means written protests timely filed by:

(a)

the owners of private real property that:

(i)	is located within the applicable area;

(ii)	covers at least 25% of the total private land area within the applicable area; and

(iii)

is equal in value to at least 15% of the value of all private real property within the applicable area; or

(b)

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 or filing of the petition. See Utah Code 17D-1-102

Person: means :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 Writing: includes :Utah Code 68-3-12.5
(a)	the creation of a special service district; or

(b)	a service that the special service district is proposed to provide.

(2)

Each protest under Subsection (1) shall:

(a)	be in writing;

(b)

be submitted:

(i)	to the legislative body of the county or municipality by which the special service district is proposed to be created; and

(ii)	no later than 60 days after the public hearing required under Subsection 17D-1-204(2); and

(c)	explain why the person is protesting.

(3)	A person who submitted a written protest against the creation of a special service district may withdraw the protest or, having withdrawn a protest, cancel the withdrawal, no later than 60 days after the public hearing required under Subsection 17D-1-204(2).

(4)	The legislative body of a county or municipality may not adopt a resolution or ordinance creating a special service district if adequate protests are filed with respect to the creation of the special service district.

(5)	The legislative body of a county or municipality may not adopt a resolution or ordinance authorizing a special service district to provide a service if adequate protests are filed with respect to that service.

Amended by Chapter 265, 2013 General Session

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