§ 17B-1-204 — Request for service required before filing of petition -- Request requirements.

(1) Except for a petition for the creation of an infrastructure financing district, a petition may not be filed until after:
(1)(a) a request has been filed with:
(1)(a)(i) the clerk of each county in whose unincorporated area any part of the proposed special district is located; and
(1)(a)(ii) the clerk or recorder of each municipality in which any part of the proposed special district is located; and
(1)(b) each county and municipality with which a request under Subsection (1)(a) is filed:
(1)(b)(i) has adopted a resolution under Subsection 17B-1-212(1) indicating whether it will provide the requested service; or
(1)(b)(ii) is considered to have declined to provide the requested service under Subsection 17B-1-212(2) or (3).
(2) Each request under Subsection (1)(a) shall:
(2)(a) ask the county or municipality to provide the service proposed to be provided by the proposed special district within the applicable area; and
(2)(b) be signed by:
(2)(b)(i) unless the request is a request to create a special district to acquire or assess a groundwater right under Section 17B-1-202, the owners of private real property that:
(2)(b)(i)(A) is located within the proposed special district;
(2)(b)(i)(B) covers at least 10% of the total private land area within the applicable area; and
(2)(b)(i)(C) is equal in value to at least 7% of the value of all private real property within the applicable area;
(2)(b)(ii) if the request is a request to create a special district to acquire or assess a groundwater right under Section 17B-1-202, the owners of groundwater rights that:
(2)(b)(ii)(A) are diverted within the proposed special district; and
(2)(b)(ii)(B) cover at least 10% of the amount of groundwater diverted in accordance with groundwater rights within the applicable area; or
(2)(b)(iii) registered voters residing within the applicable area equal in number to at least 10% of the number of votes cast in the applicable area for the office of governor at the last general election prior to the filing of the request.
(3) For purposes of Subsections (1) and (2), an area proposed to be annexed to a municipality in a petition under Section 10-2-403 filed before and still pending at the time of filing of a petition shall be considered to be part of that municipality.

Legislative History

Amended by Chapter 388, 2024 General Session