§ 17B-1-405 — Petition certification.

(1) Within 30 days after the filing of a petition under Subsection 17B-1-403(2) or within the time that the special district and each petition sponsor designate by written agreement, the board of trustees of the proposed annexing special district shall:
(1)(a) with the assistance of officers of the county in which the area proposed to be annexed is located from whom the board requests assistance, determine whether the petition meets the requirements of Subsection 17B-1-403(2)(a), (b), or (c), as the case may be, Subsection 17B-1-403(5), and Subsection 17B-1-404(1); and
(1)(b) (1)(b)(i) if the board determines that the petition complies with the requirements, certify the petition and mail or deliver written notification of the certification to the contact sponsor; or
(1)(b)(ii) if the board determines that the petition fails to comply with any of the requirements, reject the petition and mail or deliver written notification of the rejection and the reasons for the rejection to the contact sponsor.
(2) (2)(a) If the board rejects a petition under Subsection (1)(b)(ii), the petition may be amended to correct the deficiencies for which it was rejected and then refiled.
(2)(b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be used toward fulfilling the applicable signature requirement of the petition as amended under Subsection (2)(a).
(3) The board shall process an amended petition filed under Subsection (2)(a) in the same manner as an original petition under Subsection (1).

Legislative History

Amended by Chapter 388, 2024 General Session