17B-1-204 - Request for service required before filing of petition -- Request requirements.
17B-1-204. Request for service required before filing of petition -- Requestrequirements.
(1) A petition may not be filed until after:
(a) a request has been filed with:
(i) the clerk of each county in whose unincorporated area any part of the proposed localdistrict is located; and
(ii) the clerk or recorder of each municipality in which any part of the proposed localdistrict is located; and
(b) each county and municipality with which a request under Subsection (1)(a) is filed:
(i) has adopted a resolution under Subsection 17B-1-212(1) indicating whether it willprovide the requested service; or
(ii) is considered to have declined to provide the requested service under Subsection17B-1-212(2) or (3).
(2) Each request under Subsection (1)(a) shall:
(a) ask the county or municipality to provide the service proposed to be provided by theproposed local district within the applicable area; and
(b) be signed by:
(i) the owners of private real property that:
(A) is located within the proposed local district;
(B) covers at least 10% of the total private land area within the applicable area; and
(C) is equal in value to at least 7% of the value of all private real property within theapplicable area; or
(ii) 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 generalelection prior to the filing of the request.
(3) For purposes of Subsections (1) and (2), an area proposed to be annexed to amunicipality in a petition under Section 10-2-403 filed before and still pending at the time offiling of a petition shall be considered to be part of that municipality.
Renumbered and Amended by Chapter 329, 2007 General Session