17B-1-209 - Petition certification -- Amended petition.
17B-1-209. Petition certification -- Amended petition.
(1) Within five days after the filing of a petition, the responsible clerk shall mail a copyof the petition to the clerk of each other county and the clerk or recorder of each municipality inwhich any part of the proposed local district is located.
(2) (a) Within 35 days after the filing of a petition, the clerk of each county whoseunincorporated area includes and the clerk or recorder of each municipality whose boundariesinclude part of the proposed local district shall:
(i) with the assistance of other county or municipal officers from whom the county clerkor municipal clerk or recorder requests assistance, determine, for the clerk or recorder'srespective county or municipality, whether the petition complies with the requirements ofSubsection 17B-1-203(1)(a) or (b), as the case may be, and Subsections 17B-1-208(2), (3), and(4); and
(ii) notify the responsible clerk in writing of the clerk or recorder's determination underSubsection (2)(a)(i).
(b) The responsible clerk may rely on the determinations of other county clerks ormunicipal clerks or recorders under Subsection (2)(a) in making the responsible clerk'sdeterminations and certification or rejection under Subsection (3).
(3) (a) Within 45 days after the filing of a petition, the responsible clerk shall:
(i) determine whether the petition complies with Subsection 17B-1-203(1)(a) or (b), asthe case may be, Subsection 17B-1-205(1), and Section 17B-1-208; and
(ii) (A) if the responsible clerk determines that the petition complies with the applicablerequirements:
(I) (Aa) certify the petition and deliver the certified petition to the responsible body; and
(Bb) mail or deliver written notification of the certification to the contact sponsor; or
(II) for each petition described in Subsection (3)(b)(i), deliver a copy of the petition tothe legislative body of each county whose unincorporated area includes and each municipalitywhose boundaries include any of the proposed basic local district, with a notice indicating thatthe clerk has determined that the petition complies with applicable requirements; or
(B) if the responsible clerk determines that the petition fails to comply with any of theapplicable requirements, reject the petition and notify the contact sponsor in writing of therejection and the reasons for the rejection.
(b) (i) A petition for which an election is not required under Subsection 17B-1-214(3)and that proposes the creation of a basic local district that has within its boundaries fewer thanone residential dwelling unit per 10 acres of land may not be certified without the approval, byresolution, of the legislative body of each county whose unincorporated area includes and eachmunicipality whose boundaries include any of the proposed local district.
(ii) Before adopting a resolution giving its approval under Subsection (3)(b)(i), a countyor municipal legislative body may hold one or more public hearings on the petition.
(iii) If a petition described in Subsection (3)(b)(i) is approved as provided in thatsubsection, the responsible clerk shall, within 10 days after its approval:
(A) certify the petition and deliver the certified petition to the responsible body; and
(B) mail or deliver written notification of the certification to the contact sponsor.
(4) Except for a petition described in Subsection (3)(b)(i), if the responsible clerk fails tocertify or reject a petition within 45 days after its filing, the petition shall be considered to becertified.
(5) The responsible clerk shall certify or reject petitions in the order in which they arefiled.
(6) (a) If the responsible clerk rejects a petition under Subsection (3)(a)(ii)(B), thepetition may be amended to correct the deficiencies for which it was rejected and then refiled.
(b) A valid signature on a petition that was rejected under Subsection (3)(a)(ii)(B) maybe used toward fulfilling the applicable signature requirement of the petition as amended underSubsection (6)(a).
(c) If a petition is amended and refiled under Subsection (6)(a) after having been rejectedby the responsible clerk under Subsection (3)(a)(ii)(B), the amended petition shall be consideredas newly filed, and its processing priority shall be determined by the date on which it is refiled.
(7) The responsible clerk and each county clerk and municipal clerk or recorder shall actin good faith in making the determinations under this section.
Renumbered and Amended by Chapter 329, 2007 General Session