Title 17B, Limited Purpose Local Government Entities - Special Districts

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: (a) a request has been filed with: (i) the clerk of each county …

17B-1-205. Petition and request requirements -- Removal or reinstatement of signature. (1) Each petition and request shall: (a) indicate the typed or printed name and current residence address of each property owner, groundwater right owner, or registered voter signing the petiti…

17B-1-206. Request certification -- Amended request. (1) Within 30 days after the filing of a request, the clerk of each county and the clerk or recorder of each municipality with which a request was filed shall: (a) with the assistance of other county or municipal officers from …

17B-1-207. Signature on request may be used on petition. A signature on a request may be used toward fulfilling the signature requirement of a petition: (1) if the request notifies the signer in conspicuous language that the signature, unless withdrawn, would also be used for pur…

17B-1-208. Additional petition requirements and limitations. (1)(a) Each petition shall: (i) be filed with the responsible clerk; (ii) separately group signatures by county and municipality, so that all signatures of the owners of real property located within or of registered vot…

17B-1-209. Petition certification -- Amended petition. (1) No later than five days after the day on which a petition is filed, the responsible clerk shall mail a copy of the petition to the clerk of each other county and the clerk or recorder of each municipality in which any par…

17B-1-210. Public hearing. (1) The legislative body of each county and municipality with which a request is filed or that adopts a resolution under Subsection 17B-1-203(1)(e) and the board of trustees of each special district that adopts a resolution under Subsection 17B-1-203(1)…

17B-1-211. Notice of public hearings -- Publication of resolution. (1) Before holding a public hearing or set of public hearings under Section 17B-1-210, the legislative body of each county or municipality with which a request is filed or that adopts a resolution under Subsection…

17B-1-212. Resolution indicating whether the requested service will be provided. (1)(a) Within 60 days after the last hearing required under Section 17B-1-210 concerning a request, the legislative body of each county whose unincorporated area includes and the legislative body of …

17B-1-213. Protest after adoption of resolution -- Adoption of resolution approving creation for certain districts. (1) For purposes of this section, "adequate protests" means protests that are: (a) filed with the county clerk, municipal clerk or recorder, or special district sec…

17B-1-214. Election -- Exceptions. (1)(a) Except as provided in Subsection (3) and in Subsection 17B-1-213(3)(a), an election on the question of whether the special district should be created shall be held by: (i) if the proposed special district is located entirely within a sing…

17B-1-215. Notice and plat to lieutenant governor -- Recording requirements -- Certificate of incorporation -- Special district incorporated as specialized special district or basic special district -- Effective date. (1)(a) Within the time specified in Subsection (1)(b) and exce…

17B-1-216. Costs and expenses of creating a special district. (1)(a) Except as provided in Subsection (2) and subject to Subsection (1)(b), each county whose unincorporated area includes and each municipality whose boundaries include some or all of the proposed special district s…

17B-1-217. Activity required -- Dissolution -- Conclusive presumption regarding creation and existence. (1) A special district that is not engaged in one or more of the following activities, services, or duties is subject to dissolution in accordance with Subsections (5) and (6):…

17B-1-219. Provisions not applicable to the creation of an infrastructure financing district. Sections 17B-1-210, 17B-1-211, 17B-1-212 and, 17B-1-213 do not apply to the proposed creation of an infrastructure financing district.

17B-1-301. Board of trustees duties and powers. (1)(a) This section does not apply to a large public transit district created in accordance with Chapter 2a, Part 8, Public Transit District Act. (b) Each special district shall be governed by a board of trustees that shall: (i) man…

17B-1-302. Board member qualifications -- Number of board members. (1) Except as provided in Section 17B-2a-905, each member of a special district board of trustees shall be: (a) a registered voter at the location of the member's residence; and (b) except as otherwise provided in…

17B-1-303. Term of board of trustees members -- Oath of office -- Crime insurance -- Notice of board member contact information. (1)(a) Except as provided in Subsections (1)(b), (c), (d), and (e), the term of each member of a board of trustees begins at noon on the January 1 foll…

17B-1-304. Appointment procedures for appointed members -- Notice of vacancy. (1) The appointing authority may, by resolution, appoint persons to serve as members of a special district board by following the procedures established by this section. (2)(a) In any calendar year when…

17B-1-306. Special district board -- Election procedures -- Notice of offices to be filled and declaration of candidacy period. (1) Except as provided in Subsection (12), each elected board member shall be selected as provided in this section. (2)(a) Each election of a special di…

17B-1-306.1. Conflict of interest disclosure statement for special district office -- Required when filing for candidacy -- Public availability -- Enforcement. (1) As used in this section, "filing officer" means the official designated by a special district board under Subsection…

17B-1-306.5. Dividing a special district into divisions. (1) Subject to Subsection (3), the board of trustees of a special district that has elected board members may, upon a vote of two-thirds of the members of the board, divide the special district, or the portion of the specia…

17B-1-307. Annual compensation -- Per diem compensation -- Participation in group insurance plan -- Reimbursement of expenses. (1)(a) Except as provided in Subsection 17B-1-308(1)(e), a member of a board of trustees may receive compensation for service on the board, as determined…

17B-1-308. Boards of trustees composed of county or municipal legislative body members. (1) If a county or municipal legislative body also serves as the board of trustees of a special district: (a) the board of trustees shall hold district meetings and keep district minutes, acco…

17B-1-309. Board officers -- Term. (1)(a) The board of trustees shall elect from their number a chair and may elect other officers as the board considers appropriate. (b) The offices of treasurer and clerk may not be held by the same person. (2) Each officer serves at the pleasur…

17B-1-310. Quorum of board of trustees -- Meetings of the board. (1)(a)(i) Except as provided in Subsection (1)(b), a majority of the board of trustees constitutes a quorum for the transaction of board business, and action by a majority of a quorum constitutes action of the board…

17B-1-311. Board member prohibited from district employment -- Exception. (1) No elected or appointed member of the board of trustees of a special district may, while serving on the board, be employed by the district, whether as an employee or under a contract. (2) No person empl…

17B-1-312. Training for board members. (1)(a) Each member of a board of trustees of a special district shall, within one year after taking office, complete the training described in Subsection (2). (b) For the purposes of Subsection (1)(a), a member of a board of trustees of a sp…

17B-1-313. Publication of notice of board resolution or action -- Contest period -- No contest after contest period. (1) After the board of trustees of a special district adopts a resolution or takes other action on behalf of the district, the board may provide for the publicatio…

17B-1-314. Compelling attendance at board meetings. The board of trustees of a special district may: (1) compel the attendance of its own members at its meetings; and (2) provide penalties it considers necessary for the failure to attend.

17B-1-401. Definitions. As used in this part: (1) "Applicable area" means: (a) for a county, the unincorporated area of the county that is included within the area proposed for annexation; or (b) for a municipality, the area of the municipality that is included within the area pr…

17B-1-402. Annexation of area outside special district. (1) An area outside the boundaries of a special district may be annexed to the special district, as provided in this part, in order to provide to the area a service that the special district provides. (2) The area proposed t…

17B-1-403. Initiation of annexation process -- Petition and resolution. (1) Except as provided in Sections 17B-1-415, 17B-1-416, and 17B-1-417, the process to annex an area to a special district may be initiated by a petition, as provided in Subsection (2), or a resolution, as pr…

17B-1-404. Petition requirements. (1) Each petition under Subsection 17B-1-403(2) shall: (a) indicate the typed or printed name and current residence address of each person signing the petition; (b) separately group signatures by county and municipality, so that all signatures of…

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 distric…

17B-1-405.5. Provisions not applicable to infrastructure financing district annexation. Sections 17B-1-406, 17B-1-407, 17B-1-408, 17B-1-409, 17B-1-410, 17B-1-411, 17B-1-412, and 17B-1-413 do not apply to a proposed annexation to an infrastructure financing district.

17B-1-406. Notice to county and municipality -- Exception. (1) Except as provided in Subsection (2), within 10 days after certifying a petition under Subsection 17B-1-405(1)(b) the board of trustees of the proposed annexing special district shall mail or deliver a written notice …

17B-1-407. Notice of intent to consider providing service -- Public hearing requirements. (1)(a) If the legislative body of a county or municipality whose applicable area is proposed to be annexed to a special district in a petition under Subsection 17B-1-403(2)(a) or (c) intends…

17B-1-408. Resolution indicating whether the requested service will be provided. (1) Within 30 days after the last hearing required under Section 17B-1-407 is held, the legislative body of each county and municipality that sent a notice of intent under Subsection 17B-1-407(1) sha…

17B-1-409. Public hearing on proposed annexation. (1) Except as provided in Sections 17B-1-413 and 17B-1-415, the board of trustees of each special district that certifies a petition that was filed under Subsection 17B-1-403(2)(c), receives a resolution adopted under Subsection 1…

17B-1-410. Notice of public hearing. (1) Before holding a public hearing required under Section 17B-1-409, the board of trustees of each proposed annexing special district shall: (a) mail notice of the public hearing and the proposed annexation to: (i) if the special district is …

17B-1-411. Modifications to area proposed for annexation -- Limitations. (1)(a) Subject to Subsections (2), (3), (4), and (5), a board of trustees may, within 30 days after the public hearing under Section 17B-1-409, or, if no public hearing is held, within 30 days after the boar…

17B-1-412. Protests -- Election. (1)(a) An owner of private real property located within or a registered voter residing within an area proposed to be annexed may protest an annexation by filing a written protest with the board of trustees of the proposed annexing special district…

17B-1-413. Hearing, notice, and protest provisions do not apply for certain petitions. (1) Section 17B-1-412 does not apply, and, except as provided in Subsection (2)(a), Sections 17B-1-409 and 17B-1-410 do not apply: (a) if the process to annex an area to a special district was …

17B-1-414. Resolution approving an annexation -- Filing of notice and plat with lieutenant governor -- Recording requirements -- Effective date. (1)(a) Subject to Subsection (1)(b), the special district board shall adopt a resolution approving the annexation of the area proposed …

17B-1-415. Annexation of wholesale district through expansion of retail provider -- Annexation of a special district that provides transportation services. (1)(a) A special district that provides a wholesale service may adopt a resolution approving the annexation of an area outsi…