7-11-1003. Authorization to create special districts. (1) Whenever the public convenience and necessity may require:
     (a) the governing body may create a special district to serve the inhabitants of the special district; or
     (b) petitioners may initiate the creation of a special district to serve inhabitants of the special district.
     (2) (a) Subject to subsection (2)(b), a petition to institute the creation of a special district must be signed by 40% of registered voters or 40% of owners of real property within the boundary of the proposed special district and submitted to the clerk of the governing body.
     (b) If a proposed special district would be financed by a mill levy, a petition to institute the creation of the special district must be signed by 40% of registered voters or 40% of property taxpayers within the boundary of the proposed district.
     (c) The form of the petition may be prescribed by the governing body.
     (d) Subject to subsection (2)(c), the petition must:
     (i) require the printed name of each signatory;
     (ii) specify whether the signatory is a property taxpayer or owner of real property within the proposed special district and the address of that property;
     (iii) describe the type of special district being proposed and the general character of any proposed improvements and program to be administered within the special district;
     (iv) designate the method of financing any proposed improvements and program within the special district;
     (v) include a general description of the areas to be included in the proposed special district; and
     (vi) specify whether the proposed special district would be administered by the local governing body or an appointed or elected board.
     (3) Within 30 days of receipt of a petition to create a special district, the clerk of the governing body shall:
     (a) certify that the petition is sufficient under the provisions of subsection (2) and present it to the governing body at its next meeting; or
     (b) reject the petition if it is insufficient under the provisions of subsection (2).
     (4) A defect in the contents of the petition or in its title, form of notice, or signatures may not invalidate the petition and subsequent proceedings as long as the petition has a sufficient number of qualified signatures attached.

     History: En. Sec. 3, Ch. 286, L. 2009.