2006 Utah Code - 17A-2-1311 — Adoption of resolution -- Notice to lieutenant governor -- Judicial review.

     17A-2-1311.   Adoption of resolution -- Notice to lieutenant governor -- Judicial review.
     (1) (a) After conclusion of the hearing, and after the time for filing protests as provided in Section 17A-2-1309 has expired, the governing authority shall adopt a resolution either approving the establishment of the special service district or determining that the proposal to establish it should be abandoned.
     (b) A resolution approving the establishment of a special service district may contain any changes from the initial resolution or notice of intention the governing authority determines to be appropriate, including reduction of the boundaries of the special service district and elimination of one or more of the types of services proposed.
     (c) The boundaries of the special service district may not be increased nor additional types of services added, unless the governing authority gives a new notice of intention and holds a new hearing.
     (d) All or a part of the area of an abandoned special service district may be included in a new special service district established in the manner provided in this part.
     (2) (a) Within 30 days after adopting a resolution approving the establishment of a special service district under Subsection (1), the governing authority shall file a notice with the lieutenant governor.
     (b) Each notice under Subsection (2)(a) shall:
     (i) be accompanied by:
     (A) a copy of the resolution adopted by the governing authority approving the establishment of the special service district; and
     (B) a map showing the boundaries of the special service district, prepared and certified by a licensed surveyor and filed with the county surveyor in accordance with Section 17-23-17; and
     (ii) include a certification by the governing authority that all requirements for the establishment of a special service district have been complied with.
     (c) Upon the lieutenant governor's issuance of the certificate of creation under Section 67-1a-6.5, the special service district is created and incorporated.
     (3) After a special service district is established, a person may petition the district court for a writ of review of the actions of the governing authority in establishing the district if:
     (a) (i) the person filed a written protest; or
     (ii) the person filed a written protest, withdrew the protest, and then cancelled the withdrawal; and
     (b) (i) the person is a qualified voter residing within the district; or
     (ii) the person is a qualified voter whose property has been included within the boundaries of the special service district; and
     (c) the petition is filed within 30 days after the date of the resolution establishing the special service district; and
     (d) (i) the petition alleges that the person's property will not be benefitted by one or more of the services to be provided by the special service district; or
     (ii) the petition alleges that the procedures used to establish the special service district violated the law.
     (4) If a petition for a writ of review is not filed within the time limits established by this section, owners of property and qualified voters within the special service district may not object

to the establishment of the district.
     (5) The governing authority may consider the voter registration records of the county as conclusive evidence of residency in the special service district.

Amended by Chapter 233, 2005 General Session