2006 Utah Code - 17A-2-1440 — Election for issuance of bonds or incurring contract indebtedness or obligation -- When an election is not required.

     17A-2-1440.   Election for issuance of bonds or incurring contract indebtedness or obligation -- When an election is not required.
     (1) If the majority of a water conservancy district board approves a resolution determining that the interests of the district and the public interest or necessity demand the acquisition, construction, or completion of any water supply, waterworks, improvements, or facilities, or the making of any contract with the United States or other persons or corporations, public or private, to carry out the purposes of the district, wherein an indebtedness or obligation is created, to satisfy which requires an expenditure greater than the ordinary annual income and revenue of the district, the board shall adopt a resolution directing that an election be held to determine whether bonds shall be issued, or an indebtedness or obligation under a contract shall be incurred in the amount and for the purposes specified in the resolution.
     (2) The following shall be subject to the conditions provided in Title 11, Chapter 14, Local Government Bonding Act:
     (a) adoption of the resolution calling the election;
     (b) giving notice of the election;
     (c) conduct of the election;
     (d) determination of voters' qualifications; and
     (e) canvassing of election results.
     (3) The board may, for purposes of the election:
     (a) treat the entire district as a single precinct or divide the district into precincts; and
     (b) fix polling places.
     (4) If bonds or the indebtedness or obligations under a contract are payable solely from revenues derived from the operation of all or any part of the district's works, no election is required under this section prior to issuance of the bonds or the entering into of the contract, except as provided in Subsection (5).
     (5) No district may issue bonds or incur an indebtedness or obligation under a contract payable solely from revenues unless:
     (a) the issuance of the bonds or the incurring of the contract indebtedness or obligation has been approved at an election called and held as provided in this section; or
     (b) the board of trustees adopts a resolution declaring the intention of the district to issue bonds or incur a contract indebtedness or liability payable solely from revenues in the amount and for the purpose provided in the resolution and directs that notice of this intention be published once in a newspaper of general circulation in the district.
     (i) The notice of intention shall set forth:
     (A) the amount and purpose of the proposed bond issue or contract; and
     (B) when and where petitions may be filed requesting the calling of an election to determine whether the bonds may be issued or the contract indebtedness or obligation may be incurred.
     (ii) The resolution of the board shall specify the form of the petitions.
     (iii) If, within 30 days after the publication of the notice of intention, a petition is filed with the secretary of the board, signed by not less than 5% of the qualified electors of the district, requesting that an election be called to authorize the issuance of the bonds or the incurring of the contract indebtedness or liability payable solely from revenues, then the board shall proceed to call and hold an election as provided in this section. The qualified electors of the district shall be certified to the board, prior to the adoption of the resolution, by the clerks of the counties in

which portions of the district are located.
     (iv) If no petition is filed, or if the number of signatures filed within the 30-day period is less than the required number, the board of trustees may adopt the resolution and proceed to issue the bonds or enter into the contract.

Amended by Chapter 105, 2005 General Session