17B-1-208 - Additional petition requirements and limitations. - Utah Statutes

17B-1-208. Additional petition requirements and limitations.
(1) Each petition shall:
(a) be filed with the responsible clerk;
(b) separately group signatures by county and municipality, so that all signatures of theowners of real property located within or of registered voters residing within each county whoseunincorporated area includes and each municipality whose boundaries include part of theproposed local district are grouped separately; and
(c) state the number of members that the board of trustees of the proposed local districtwill have, consistent with the requirements of Subsection 17B-1-302(2).
(2) (a) A petition may not propose the creation of a local district that includes an arealocated within the unincorporated part of a county or within a municipality if the legislative bodyof that county or municipality has adopted a resolution under Subsection 17B-1-212(1) indicatingthat the county or municipality will provide to that area the service proposed to be provided bythe proposed local district.
(b) Subsection (2)(a) does not apply if the county or municipal legislative body isconsidered to have declined to provide the requested service under Subsection 17B-1-212(3).
(c) Subsection (2)(a) may not be construed to prevent the filing of a petition thatproposes the creation of a local district whose area excludes that part of the unincorporated areaof a county or that part of a municipality to which the county or municipality has indicated, in aresolution adopted under Section 17B-1-212, it will provide the requested service.
(3) A petition may not propose the creation of a local district whose area includes:
(a) some or all of an area described in a previously filed petition that, subject toSubsection 17B-1-202(4)(b):
(i) proposes the creation of a local district to provide the same service as proposed by thelater filed petition; and
(ii) is still pending at the time the later petition is filed; or
(b) some or all of an area within a political subdivision that provides in that area thesame service proposed to be provided by the proposed local district.
(4) A petition may not be filed more than 12 months after a county or municipallegislative body declines to provide the requested service under Subsection 17B-1-212(1) or isconsidered to have declined to provide the requested service under Subsection 17B-1-212(2) or(3).

Renumbered and Amended by Chapter 329, 2007 General Session