17D-2-502.  Required process for issuance of local building authority bonds — Certification of petition signatures — Removal of signature.

(1)  A local building authority may not issue bonds unless the creating local entity‘s governing body approves the issuance and terms of the bonds.

Terms Used In Utah Code 17D-2-502

  • Authority board: means the board of directors of a local building authority, as described in Section 17D-2-203. See Utah Code 17D-2-102
  • Creating local entity: means the local entity that creates or created the local building authority. See Utah Code 17D-2-102
  • Governing body: means :
(a) for a county, city, or town, the legislative body of the county, city, or town;
(b) for a school district, the local school board for the school district;
(c) for a special district, the special district's board of trustees; and
(d) for a special service district, the special service district's governing body, as defined in Section 17D-1-102. See Utah Code 17D-2-102
  • Local entity: means a county, city, town, school district, special district, or special service district. See Utah Code 17D-2-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
    • (2) 

    (a)  Before issuing bonds, the authority board of a local building authority shall give public notice of the authority board’s intent to issue bonds.

    (b) 

    (i)  A local building authority may not issue bonds without the approval of the creating local entity‘s voters if, within 30 days after the notice under Subsection (2)(a) is given, a written petition requesting an election is filed with the local building authority, signed by at least 20% of the active voters, as defined in Section 20A-1-102, within the creating local entity.

    (ii)  Each election under Subsection (2)(b)(i) shall be held as provided in Title 11, Chapter 14, Local Government Bonding Act, in the same manner as an election for general obligation bonds issued by the creating local entity.

    (3) 

    (a)  Within three business days after the day on which a local building authority receives a petition under Subsection (2)(b)(i), the local building authority shall provide the petition to the county clerk of the county in which the creating local entity is located.

    (b)  Within 14 days after the day on which a county clerk receives a petition from the local building authority under Subsection (3)(a), the county clerk shall:

    (i)  use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (2)(b)(i);

    (ii)  certify on the petition whether each name is that of an active voter within the creating local entity; and

    (iii)  deliver the certified petition to the local building authority.

    (4) 

    (a)  A voter who signs a petition under this section may have the voter’s signature removed from the petition by, no later than three business days after the day on which the local building authority provides the petition to the county clerk, submitting to the county clerk a statement requesting that the voter’s signature be removed.

    (b)  A statement described in Subsection (4)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).

    (c)  The county clerk shall use the procedures described in Section 20A-1-1003(3) to determine whether to remove an individual’s signature from a petition after receiving a timely, valid statement requesting removal of the signature.

    Amended by Chapter 116, 2023 General Session

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